GUEST WORDS-As Gandhi never quite said … First they ignore you. Then they laugh at you. Then they attack you. Then you win.
I remember one of the first TV debates I had on the then-strange question of civil marriage for gay couples. It was Crossfire, as I recall, and Gary Bauer’s response to my rather earnest argument after my TNR cover-story on the matter was laughter. “This is the loopiest idea ever to come down the pike,” he joked. “Why are we even discussing it?”
Those were isolating days. A young fellow named Evan Wolfson who had written a dissertation on the subject in 1983 got in touch, and the world immediately felt less lonely. Then a breakthrough in Hawaii, where the state supreme court ruled for marriage equality on gender equality grounds. No gay group had agreed to support the case, which was regarded at best as hopeless and at worst, a recipe for a massive backlash. A local straight attorney from the ACLU, Dan Foley, took it up instead, one of many straight men and women who helped make this happen. And when we won, and got our first fact on the ground, we indeed faced exactly that backlash and all the major gay rights groups refused to spend a dime on protecting the breakthrough … and we lost.
In fact, we lost and lost and lost again. Much of the gay left was deeply suspicious of this conservative-sounding reform; two thirds of the country were opposed; the religious right saw in the issue a unique opportunity for political leverage – and over time, they put state constitutional amendments against marriage equality on the ballot in countless states, and won every time. Our allies deserted us. The Clintons embraced the Defense of Marriage Act, and their Justice Department declared that DOMA was in no way unconstitutional the morning some of us were testifying against it on Capitol Hill. For his part, president George W. Bush subsequently went even further and embraced the Federal Marriage Amendment to permanently ensure second-class citizenship for gay people in America. Those were dark, dark days.
I recall all this now simply to rebut the entire line of being “on the right side of history.” History does not have such straight lines. Movements do not move relentlessly forward; progress comes and, just as swiftly, goes. For many years, it felt like one step forward, two steps back. History is a miasma of contingency, and courage, and conviction, and chance.
But some things you know deep in your heart: that all human beings are made in the image of God; that their loves and lives are equally precious; that the pursuit of happiness promised in the Declaration of Independence has no meaning if it does not include the right to marry the person you love; and has no force if it denies that fundamental human freedom to a portion of its citizens. In the words of Hannah Arendt:
“The right to marry whoever one wishes is an elementary human right compared to which ‘the right to attend an integrated school, the right to sit where one pleases on a bus, the right to go into any hotel or recreation area or place of amusement, regardless of one’s skin or color or race’ are minor indeed. Even political rights, like the right to vote, and nearly all other rights enumerated in the Constitution, are secondary to the inalienable human rights to ‘life, liberty and the pursuit of happiness’ proclaimed in the Declaration of Independence; and to this category the right to home and marriage unquestionably belongs.”
This core truth is what Justice Kennedy affirmed today, for the majority: that gay people are human.
Vol 13 Issue 53
Pub: Jun 30, 2015