Progress did the US Supreme Court decide?

In US v Windsor the federal government sought to recover inheritance tax from a woman who had inherited from her wife within a legally recognised marriage in her home state. DOMA s3 required the federal government and its agencies to not recognise any marriage except opposite sex marriages. The court ruled this unconstitutional “as a deprivation of the liberty of the person protected by the Fifth Amendment”, specifically its due process clause: s3 “identif[ies] a subset of state-sanctioned marriages and make[s] them unequal”.

In Hollingsworth v Perry, the federal district court had ruled that the California constitutional ban on same sex marriages had no rational basis. California state officials refused to challenge this decision, and when Hollingsworth, leader of a gang of


called “protectmarriage” sought to appeal the district court decision, the Supreme Court decided that they had no “standing”- “the litigant must seek a remedy for a personal and tangible harm”.

So we are denied a Loving v Virginia type of case, where all state constitutional bans on equal marriage are overturned, as Loving overturned bans on mixed race marriages. DOMA s2, each State “or Indian tribe” to make its own decision on equal marriage for gay couples, still stands.

It cannot stand for long. When a gay couple seeks to marry in a State which bans it, and challenges the ban in court, s2 will be overturned. There are such challenges in Nevada, Hawaii and Michigan- see USA Today, my main source along with Wikipedia.

That is what people want. Polls show increasing support for equal marriage. Increasingly, people realise that treating queers differently because we are queer is disgusting and wrong, and unchristian.

Of course I want equality now- and looking back on the progress, with discrimination on goods and services and in employment only made unlawful in Great Britain in 2006, and equal marriage now being enacted, I am satisfied.

Things get better, and the emancipation of queers is one of my main pieces of evidence for that. With all the “wars and rumours of wars”, economic turbulence, and causes for disquiet, I look at the public acceptance of discrimination legislation as evidence that things get better. The fall of the Iron Curtain- Croatia, part of an enemy state when I was a student, is now in the EU- is File:Le triomphe de la Justice - Durameau.jpganother. I look back to 1485, the Battle of Bosworth, when Henry VII became King of England- before then, politics was conducted by means of civil war, and after, internal English politics was mostly conducted by judicial murder, which is an improvement. A hundred years later, we had learned to do politics mostly by talking!

Seek out reasons to be cheerful and causes of Hope. Pat Robertson, a soi-disant “pastor”, said he vomited on seeing gay couples. It is a good thing that he will be unable to keep anything down, as he could do with losing weight. He is a figure of fun. More


will carry on making such arguments, quoting Leviticus 20, saying that God sends hurricanes because of equal marriage, etc, even saying how loving they are trying to get everyone to follow God’s Will. They will come to regret it, and realise eventually that an increase in freedom for some is an increase in freedom for all.


God’s in His Heaven- what?

-seeing all the out and proud gay people, and tearing his hair out in misery, till Jesus tells him, never mind, Hollingsworth and Robertson are protecting us

-Or laughing behind his hand- they may be “Proud” now, but I’m sending them STRAIGHT to HELL! But first, I ‘ll send a hurricane, or maybe an earthquake. That’ll show them!

Nice God you’ve got there, guys.

4 thoughts on “Progress

  1. This is a great post. I’m surprised more praise hasn’t been heaped on it. I love looking at history and seeing progress. We really have no idea where we may be in a short time, nevermind another 600 years. (I like the ‘losers!!!; bits too, and the epilogue.)


    • Thank you. Perhaps my readers are so used to being gobsmacked with awe at my writing that they think yet another “OMG, Clare, you’re wonderful!” comment is otiose, but I can never get enough of them. A bit of capering about in delight is appropriate, with the Marriage (Same Sex Couples) Bill being sent for Royal Assent.

      Oh, and- I did get “WONDERFUL Post.thanks for share… waiting for more.”- but it went on to give a link, ostensibly about chronic renal failure.


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