June 26th, 2015, America enacted a new law: the
right for gay couples to marry. What a momentous occasion! I'm so proud of that
country right now.
What does that mean for homosexual couples in America? Before
accepting this bill into law, homosexual couples could marry and enjoy the
benefits of legal union such as taxation, property ownership, parental and
inheritance rights in any of the 22 states that permitted and recognized such
unions. If that couple should move to a state where such unions are not
permitted or recognized, the couple would not enjoy those rights and benefits,
even though their marriage is public record.
That covers the legal aspects of federally sanctioned union
for homosexuals. Now, let's talk about historical and social aspects.
This landmark Supreme Court decision echoes of the Civil
Rights Act of 1964. Neither President Kennedy nor Vice President Johnson were
excited about the idea of signing into law a proposal that would give equal
civil rights to minorities. It was a stopgap measure; a way to curb civil
unrest that was quickly growing into a major disturbance, with skirmishes
exploding in cities across America, especially in the southern states.
President Johnson signed the Civil Rights Act into law just
months after President Kennedy's assassination. If the nation was in turmoil
over race while the charismatic JFK was in office, it was close to eruption
after the slaying. You could say that Lyndon Johnson signed the Civil Rights
Act as a peace offering. It didn't help much because thereafter ensued riots:
Chicago, Harlem in New York, Watts in Los Angeles, Detroit, and all over the
south.
Nevertheless, minorities in America, specifically of African
descent now had rights equal under the law to those of Caucasian descent.
Exercising those rights was a different matter altogether. While the law
prohibited discrimination, bigotry of individuals took a long time to erase.
Some 'white' businesses refused to served 'colored'. Real estate agents would
not introduce their 'colored' buyers into 'white' neighborhoods. Job protection
and equal wages also suffered from these slights: it was thought that 'colored'
schools were inferior to 'white' schools, thus among 2 candidates holding equal
credentials for a job, the 'white' would be hired.
That perpetual imbalance is what drove the riots. It took a
long time for mainstream American society to accept racially diverse people as
equal to themselves, and there are still parts of America where being anything
but Caucasian is a cause for concern.
Of course, these days there are parts of America where it is
not a good idea to roam if you are Caucasian, but that relates to gang
violence, not directly because of race/ethnicity.
It took more than 40 years to eradicate ingrained prejudice
against minorities from the American social landscape – in fact, it is still a
work in progress in some parts of the country. It will take that amount of time
or longer to recognize homosexuals/ couples as legitimate, contributing members
of society. This time, discrimination is not brought about because of an
obvious difference such as skin color. Religion seems to be driving this
particular brand of bigotry.
In the Supreme Court decision drafted by Justice Anthony
Kennedy, he emphasizes that 'religious opponents (of this law) may continue to
advocate with utmost, sincere conviction” that gay marriage is wrong. Thus, a
landlord opposed to homosexuality because of his religious beliefs can refuse
to rent or sell a property to a gay couple. Restaurants, whose religion-based
family theme might not support homosexuality can refuse to host, seat and serve
gay couples. Adoption agencies funded by religious organizations can refuse to
permit a gay couple to adopt, even if they meet all of the psychological,
social and financial criteria.
In short: homosexual couples have gained rights but no new
avenues to exercise them. Unlike civil rights for minorities, there cannot be
any enforcment of these equal rights for gays because religion is a subjective,
personal preference, and religious freedom is protected by the U.S.
Constitution.
My thoughts on homosexuality are neither here nor there.
However, I stand firmly on the side of civil and human rights. Although the
American governement has gone a long way toward recognizing marriage as beyond
the traditional religious definition - 'between man and woman', there will be a
long way to go before homosexual marriage and family model can be woven into
American society.
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