Regarding
my post on Senate Democrats giving a free ride to judicial
nominee Timothy Tymkovich, a critic of the Supreme Court's
Romer vs. Evans ruling that found Colorado's Amendment 2
(barring localities and the state from passing gay
anti-discrimination provisions) to be unconstitutional, a
libertarian correspondent e-mailed to take me to task. He wrote, "I
don't believe anyone should be considered anti-gay merely because
of their support of Amendment 2. Looking at it as a libertarian,
there is nothing anti-gay about refusing to extend laws you think
are bad to yet another class of people."
Let me say, in response, that I don't in fact favor most laws
that dictate to private employers whom they can hire and fire
(while I do favor shareholder petitioning, customer lobbying, and
employee organizing against companies that discriminate). But
Colorado's Amendment 2, by singling out gays as the one group for
whom localities and the state government would be constitutionally
barred from enacting anti-discrimination protections, legally
enshrined gays as second-class citizens. Again, if Colorado wanted
to bar all such anti-discrimination laws for all categories, I'd
probably be in favor.
Thus, I think Evans was not only correct, but of
historic importance in holding that, as a matter of equal
protection under the law, gays cannot be singled out for special
discrimination (as the one group for whom no protections can ever
be enacted) based solely on anti-gay animus. Tymkovich, of course,
feels otherwise.
For Shame.
If you're interested in reading our opponents legal brief's
supporting anti-gay "sodomy" laws in the Lawrence case now
before the Supreme Court, here's
a link. The
amicus brief filed by the states of Alabama, South Carolina,
and Utah (give it a few minutes to download -- it's long), holds
that:
a constitutional right that protects "the choice of one's
partner" and "whether and how to connect sexually" must logically
extend to activities like prostitution, adultery, necrophilia,
bestiality, possession of child pornography, and even incest and
pedophilia (if the child should credibly claim to be
"willing").
For all intents and purposes, petitioners seek to enshrine as
the defining tenet of modern constitutional jurisprudence the
sophomoric libertarian mantra from the musical "Hair": "be free, be
whatever you are, do whatever you want to do, just as long as you
don't hurt anybody." ...
The States should not be required to accept, as a matter of
constitutional doctrine, that homosexual activity is harmless and
does not expose both the individual and the public to deleterious
spiritual and physical consequences.
You'd be hard-pressed to find another example of how
anti-liberty these right-wing conservatives truly are.
Moreover, sodomy statutes can rear their ugly heads in
surprising and disturbing ways. The
Boston Phoenix has a piece by Michael Bronski on the
application of the Kansas same-sex sodomy law, under which a
slightly retarded man, who was 18 at the time, has been sentenced
to 17 years in prison for sexual activity with a minor aged 14. If
the two had been of opposite sexes, however, there would have been
no prosecution because the state's "Romeo and Juliet law"
decriminalizes sexual activity between young people under the age
of 19 who engage in consensual sexual activity with teens between
14 and 16 years old. Special discrimination has very real
consequences.
Rubbing It In.
"Senators find irony in staunchly anti-gay colleague's voucher
bill" is a headline from a
Denver Post story about the unintended consequences of
increasing the freedom to choose. It's convoluted, but a school
voucher bill put forward by an extremely homophobic Colorado state
senator has a funding mechanism that gives a higher tax credit to
"two persons who own property as joint tenants with right of
survivorship" than to single people -- thus earning it the support
of local LGBT groups, to the chagrin of the measure's sponsor.
"I want to thank Sen. Cairns for allowing gays, lesbians,
bisexuals and transgender couples to participate" in the tax
credits, said one activist, making sure to be oh-so politically
correct. Liberal Democrats, however, are voting against the bill
because they oppose school choice.
How Low Will Chirac Go?
As he shakes the
bloody hand of dictator Robert Mugabe, a fanatically anti-gay
purveyor of torture and terror, it becomes clear that French
President Jacques Chirac has never met a mass murderer he didn't
like.
He's Telling.
The
Miami Herald has a nice piece on IGF supporter Steve Herbits, a
highly regarded Pentagon consultant who hasn't shied away from
speaking out against the increasingly self-defeating "don't ask,
don't tell" policy and other matters of gay equality.
--Stephen H. Miller