A Federal Judge in Oregon yesterday struck down that state's ban on Marriage Equality, effective immediately. Unlike in other states, both the Attorney General and the Governor are pro Equality and will not appeal the ruling but rather ensure that it is fully implemented. The twenty-six page decision was clear and concise with the Judge, who is openly Gay, citing many points from his own personal experience. I have posted an excerpt from the ruling below that illustrates the character of the whole decision.
I am aware that a large number of Oregonians, perhaps even a majority, have religious or moral objections to expanding the definition of civil marriage (and thereby expanding the benefits and rights that accompany marriage) to gay and lesbian families. It was these same objections that led to the passage of Measure 36 in 2004. Generations of Americans, my own included, were raised in a world in which homosexuality was believed to be a moral perversion, a mental disorder, or a mortal sin. I remember that one of the more popular playground games of my childhood was called “smear the queer” and it was played with great zeal and without a moment’s thought to today’ s political correctness. On a darker level, that same worldview led to an environment of cruelty, violence, and self-loathing. It was but 1986 when the United States Supreme Court justified, on the basis of a “millennia of moral teaching,” the imprisonment of gay men and lesbian women who engaged in consensual sexual acts. Bowers, 478 U.S. at 197 (Burger, C.J., concurring), overruled by Lawrence, 539 U.S. at 578. Even today I am reminded of the legacy that we have bequeathed today’ s generation when my son looks dismissively at the sweater I bought him for Christmas and, with a roll of his eyes, says “dad … that is so gay.”
It is not surprising then that many of us raised with such a world view would wish to
protect our beliefs and our families by turning to the ballot box to enshrine in law those traditions we have come to value. But just as the Constitution protects the expression of these moral viewpoints, it equally protects the minority from being diminished by them.
It is at times difficult to see past the shrillness of the debate. Accusations of religious bigotry and banners reading “God Hates Fags” make for a messy democracy and, at times, test the First Amendment resolve of both sides. At the core of the Equal Protection Clause, however, there exists a foundational belief that certain rights should be shielded from the barking crowds; that certain rights are subject to ownership by all and not the stake hold of popular trend or shifting majorities.
My decision will not be the final word on this subject, but on this issue of marriage I am struck more by our similarities than our differences. I believe that if we can look for a moment past gender and sexuality, we can see in these plaintiffs nothing more or less than our own families. Families who we would expect our Constitution to protect, if not exalt, in equal measure.
With discernment we see not shadows lurking in closets or the stereotypes of what was once believed; rather, we see families committed to the common purpose of love, devotion, and service to the greater community.
Where will this all lead? I know that many suggest we are going down a slippery slope that will have no moral boundaries. To those who truly harbor such fears, I can only say this: Let us look less to the sky to see what might fall; rather, let us look to each other … and rise.
Your Musical Moment for this Tuesday features the Music of Johann Sebastian Back with his Concerti for Oboe and Oboe d'Amore, BWV 1055, 1056, 1059R, 1053R and 1060. Your performance today is by the Cologne Chamber Orchestra under the baton of Helmut Muller-Brühl with Christan Hommel as the Oboe Soloist. You may also hear Bach's Sonata for Viola de Gamba and Harpsichord Number 3 in G Minor over on my tumblr.
On display after the play list is a striking selection of sultry studs who are vying to be your Temptations for this Tuesday. There is also the Hottie of the Day! over on my tumblr for your visual appreciation. Thanks for the visit, see you tomorrow. Until next time as always, Enjoy!
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