Proponents of equality have reason to both cheer and cry this week.
This week, in a series of rulings, the Supreme Court lay bare once more a continuing divide in this country about the role and limits of government in ensuring — or denying — equality.
In the University of Texas at Austin affirmative action case, the Voting Rights Act case and the same-sex marriage cases, the court drew a line between policies that explicitly articulate exclusion and those that implicitly and effectually remedy exclusion — both current and historical.
Proponents of racial diversity were on the losing end of those rulings, and same-sex marriage proponents were on the winning end.
The court set a higher bar for including race as one factor among many in university admissions and struck down a key provision of the Voting Rights Act. But it also voided the Defense of Marriage Act and declined to decide the Proposition 8 case, effectively allowing same-sex marriage in California.
One movement for equality had its spirits lifted and another had them crushed.
But the truth is that these movements are not wholly dissimilar. All combatants for justice are cousins. Jim Crow and Jim Queer are of a kind. So, given what happened on the racial civil rights front this week, the LGBT civil rights movement would be wise to take heed.
Overcoming blatantly unconstitutional laws is only a first step in the never-ending march toward justice. It is in the decades that follow that discriminatory policies can become more illusory. That’s when, even if the net effect of a law is that it is discriminatory, the law itself may not be seen as such. In this murky period intent can be deemed unknowable and effect can be deemed inadvertent.
This is when the courts — and the law — can essentially say that if you can throw a rock and hide your hand, you can in turn hide your guilt. This is when personal discrimination fades into the fog of a more ominous and amorphous structural discrimination. This is when legacy injustice, which can reverberate for generations through a population, is assigned term limits. Fatigue grows in the wake of fairness.
That’s the fight equality movements must mount when they grow up — shadowboxing.
I sincerely believe that in my lifetime, gay marriage will be legal in the whole of the country. But it is unlikely that the LGBT community will become more than a minority group. I also know that the changing of laws does not work in tandem with the changing of hearts, which means that minority groups are always vulnerable. When the laws change, some things simply become subterfuge. In striking down Section 4 of the Voting Rights Act, Chief Justice John G. Roberts Jr. wrote, “things have changed dramatically.” But I submit that so have certain tactics.
Just ask black civil rights leaders still fighting a huge prison industrial complex, police policies like stop-and-frisk and predatory lending practices. Ask women’s rights leaders still fighting for equal pay, defending a woman’s right to sovereign authority of her own body — including full access to a wide range of reproductive options. Ask pro-immigration groups fighting a wave of anti-immigrant sentiment.
To those celebrating the gay rights victory, this is your moment. Enjoy it. To racial diversity warriors, mourn. But not for long. In the morning we must all rise together and remember what Winston Churchill reportedly said: “Success is not final, failure is not fatal, it is the courage to continue that counts.”Remember also what the Rev. Dr. Martin Luther King Jr. wrote from the Birmingham jail: “Injustice anywhere is a threat to justice everywhere.”And remember that it is no coincidence that there is quite a bit of overlap among the states that were covered by the Voting Rights Act, those that have constitutional bans on same-sex marriage, those with some of the most restrictive abortion laws and those that have considered or passed some of the strictest anti-immigrant bills.
Racial hostility, homophobia and misogyny are braided together like strands of the same rope. When we fight one, we fight them all.
Engaging in combat as a coalition reinforces and expands everyone’s power, reach and influence. We must realize that if everyone can see the sameness in these struggles, rather than the differences, we will be able to see that America is already a majority minority country.
댓글 안에 당신의 성숙함도 담아 주세요.
'오늘의 한마디'는 기사에 대하여 자신의 생각을 말하고 남의 생각을 들으며 서로 다양한 의견을 나누는 공간입니다. 그러나 간혹 불건전한 내용을 올리시는 분들이 계셔서 건전한 인터넷문화 정착을 위해 아래와 같은 운영원칙을 적용합니다.
자체 모니터링을 통해 아래에 해당하는 내용이 포함된 댓글이 발견되면 예고없이 삭제 조치를 하겠습니다.
불건전한 댓글을 올리거나, 이름에 비속어 및 상대방의 불쾌감을 주는 단어를 사용, 유명인 또는 특정 일반인을 사칭하는 경우 이용에 대한 차단 제재를 받을 수 있습니다. 차단될 경우, 일주일간 댓글을 달수 없게 됩니다.
명예훼손, 개인정보 유출, 욕설 등 법률에 위반되는 댓글은 관계 법령에 의거 민형사상 처벌을 받을 수 있으니 이용에 주의를 부탁드립니다.
Close
x