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<div class="">March 30, 2013</div>
<h1>Will Gays Be Punished for Success?</h1>
<h6 class="">By
<span>
<a href="http://topics.nytimes.com/top/opinion/editorialsandoped/oped/columnists/maureendowd/index.html" rel="author" title="More Articles by MAUREEN DOWD"><span>MAUREEN DOWD</span></a></span></h6>
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<p>
WASHINGTON </p>
<p>
GAYS might not win because they’ve already won? </p>
<p>
That was the moronic oxymoron at the heart of the Supreme Court debate on same-sex marriage. </p>
<p>
As Washington shivered in a chilly spring, there was no music of history
at America’s highest court. The justices offered no pearls on liberty
and the pursuit of happiness. Justice Antonin Scalia didn’t even know
how many states allowed gay marriage. Clarence Thomas looked distracted,
whispering to clerks and tilting horizontally in his chair. </p>
<p>
Justice Anthony Kennedy had a single compassionate moment, mentioning
the children whose gay parents were stuck in marital limbo. But for the
most part, the human factor, how demeaning it feels to be shunted to a
lower plane than your fellow citizens, was ignored. </p>
<p>
Kennedy offered no lovely odes to fairness as he did in Lawrence v.
Texas in 2003, striking down a sodomy law, when people in the courtroom
actually wept at his majority opinion, which stated that “the heart of
liberty is the right to define one’s own concept of existence, of
meaning, of the universe, and of the mystery of human life.” </p>
<p>
Brushing back originalists and troglodytes then, Kennedy said that
“times can blind us to certain truths, and later generations can see
that laws once thought necessary and proper in fact serve only to
oppress.” </p>
<p>
On Wednesday, Chief Justice John Roberts played Karl Rove, musing not about moral imperatives but political momentum. </p>
<p>
“You don’t doubt that the lobby supporting the enactment of same-sex
marriage laws in different states is politically powerful, do you?” he
asked Roberta Kaplan, the New York lawyer representing Edie Windsor, the
captivating 83-year-old who argued that she would not have been socked
with a whopping estate tax bill if her spouse had been named Theo
instead of Thea. </p>
<p>
Roberts pressed the point, noting, “As far as I can tell, political
figures are falling over themselves to endorse your side of the case.”
</p>
<p>
Certainly, the cascading headlines were buoying. “Gay Marriage Already
Won,” Time proclaimed. “Why the Gay-Marriage Fight Is Over,” The New
Yorker deemed. It was hard to find vocal opponents in the vibrant
demonstration outside the Supreme Court, and Rush Limbaugh conceded,
“This issue is lost.” There was even a Chick-fil-A franchise in Southern
California giving free meals to gay-marriage supporters. </p>
<p>
But Justice Roberts’s suggestion that gays are banishing a long,
egregious history of blatant, disgusting, government-sponsored
discrimination on their own is absurd. You could almost hear him
thinking, “They’ve got ‘Glee,’ they’ve got Ellen, they’ve got Tammy
Baldwin — what are they whining about?” </p>
<p>
Can you imagine Chief Justice Earl Warren, a Republican, making a
similar point about blacks during the 1967 Loving v. Virginia arguments?
In that case, the 1964 Civil Rights Act had been passed and the 1967
movie “Guess Who’s Coming to Dinner?” was a harbinger of a sea change on
mixed-race marriages. The court noted in its opinion that the political
process had achieved significant progress around the country, with 14
states in 15 years repealing laws outlawing interracial marriages.
</p>
<p>
Yet the justices struck down the law anyway because, as they said, “the
freedom to marry has long been recognized as one of the vital personal
rights essential to the orderly pursuit of happiness by free men.”
(Paving the way for Clarence and Ginni Thomas to live happily ever after
in Virginia.) </p>
<p>
When the suit against Proposition 8, the initiative that banned gay
marriage in California, was filed in 2009, opponents argued that it was
too soon and that a court decision favoring gay rights could cause a
backlash. Now opponents say things are going so well for gays that they
don’t need help from the Supreme Court. Damned if you do and damned if
you don’t. (Or in this case, damned if you say “I do.”) </p>
<p>
Gays may be winning on atmospherics, but there’s only so much more progress they can make politically. </p>
<p>
Women are protected from discrimination under the law even though they
make up 51 percent of the population and are as responsible as anybody
for putting Barack Obama in the Oval Office twice. </p>
<p>
But Congress has passed no federal protections for gays on employment,
housing and education. In 29 states, it is perfectly legal to fire
someone because of his or her sexual orientation. The F.B.I. says the
only uptick in hate crimes involves attacks on gays. </p>
<p>
Thirty-one states have enacted Constitutional amendments banning
same-sex marriage. Beyond the nine states where they can marry, plus
D.C., gays may pick up Illinois and Delaware, but then there’s a hard
stop. Those struck by Cupid in places like Alabama, Arkansas and Utah
will long be left either moving or saying, “I’m deliriously, madly in
love with you, but let’s leave it to the states, honey.” </p>
<p>
Even with Hispanics riding high in the public arena, the “wetback” crack
by the Republican Congressman Don Young of Alaska shows bigotry is
always lurking. </p>
<p>
What the political world giveth, it can taketh away. The Supreme Court
should know that civil rights are not supposed to be determined on the
whims of the people. </p>
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<br clear="all"><br>-- <br>Art Deco (Wayne A. Fox)<br><a href="mailto:art.deco.studios@gmail.com" target="_blank">art.deco.studios@gmail.com</a><br><br><img src="http://users.moscow.com/waf/WP%20Fox%2001.jpg"><br>
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