June 4, 2018

Supreme Court okays the return of discrimination

Sam Smith – While the Supreme Court attempted to conceal its true feelings behind complicated legal arguments, one paragraph of its anti-gay decision is particularly revealing:

Our society has come to the recognition that gay persons and gay couples cannot be treated as social outcasts or as inferior in dignity and worth.  For that reason the laws and the Constitution can, and in some instances must, protect them in the exercise of their civil rights.  

Would it write such conditional sentences if it were speaking of “black persons,” or women? Clearly the second sentence declares gay rights not as inherently protected by the Constitution but as a result of what our society has come to recognize. In other words, gay rights are merely a societal choice of our time and in “some intances” worth defending. 

The decision raises a number of other questions, Could a baker deny a wedding cake to a mixed race couple, to Muslims, or even to blacks, if this shop owner’s religion demanded it? Could a church ban blacks, gays or Muslims from attending their services? And so on. 

The Constitution requires the equal treatment of all American citizens regardless of their ethnicity, sexual status, or beliefs. Coming up with such a complex hypocritical justification for treating some Americans differently is a step back towards a grim past that did us so much harm.

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