Responding to the decision by a second federal appellate court that the so-called Defense of Marriage Act is unconstitutional,
a decision discussed in detail in the previous post to this Blog,
Washington Post editorial writer Jonathan Capehart wrote a column headlined
“DOMA
is doomed.”
DOMA defines marriage as only between a man and a woman. Its practical effect is to deny married gay couples the same federal benefits as other married couples, such as federal employee health benefits for spouses and Social Security survivor benefits. As Capehart wrote: “It’s flat-out discrimination.”
But does that necessarily mean it’s doomed? We certainly hope so. But, as the distinguished legal scholar
Stephen Colbert put it in discussing another discrimination case: “It’s the time of year again when skeletal figures shrouded in black fill your mind with fear – because the Supreme Court is in session.”
Seriously – the place where past generations turned to right wrongs and end discrimination now is a place that all advocates for equality must view with trepidation.
The court is
expected to decide next month whether to hear appeals from the decisions on DOMA. It also may hear an appeal from a
9
th Circuit Court of Appeals decision striking down Proposition 8,
the voter-approved referendum that banned gay marriage in California.
On the one hand, Justice Antonin Scalia’s
recent contemptuous dismissal of gay rights should add to the fear factor. On the other hand, Justice Anthony Kennedy, often seen as the court’s swing vote, has
shown some sympathy toward gay rights.
The President of the Human Rights Campaign, Chad Griffin, told Capehart: “We are at
a monumental tipping point as the Supreme Court stands poised to review a law
that has resulted in treating gays and lesbians as second-class citizens.”
The question is: Which way will the Supreme Court tip?
“We don’t do this enough…Get together to celebrate victories,” said Human Rights Campaign’s National Field Director Marty Rouse in opening the recent event they cosponsored with Alliance for Justice. In late May we brought the leaders of the 2012 marriage equality campaigns together to talk about their historic victories. Moderated by AFJ Executive Vice President Marissa Brown, the discussion offered many lessons for groups pursuing their own advocacy efforts–whether for marriage equality or other social justice causes.
