Subscribe to Breaking NewsRuby-Sachs: Gay in 2008
Writing the year-end wrap-up today is hard and sad. Hard because this has been an incredibly eventful year for gay rights, sad because many of us, myself included, are so angry about Reverend Rick Warren, giving thanks for the wins might be harder than we would like. That said, here is a list of important successes and failures for the year:
The law of equality is evolving
The California Supreme Court found that excluding LGBT people from marriage was unconstitutional. It is hard to celebrate that win now, what with the passing of Proposition 8 in November, but we cannot forget how important the Court’s reasoning was in that case. The right to marry was rooted in the equal protection clause. That clause exists, not only in every State Constitution, but in the Federal Constitution. This reasoning will form the basis of many other progressive decisions to come.
That same court has also agreed to hear a review of Proposition 8. The attorney-general of California has called for the marriage ban to be stuck down.
A Florida court ruled that banning gay adoption was unconstitutional. The decision took steps to extend the equal protection law to a more robust protection of LGBT rights and commented that LGBT people should be granted the same level of protection as women and Black Americans.
Finally, New York Governor Paterson issued a directive guaranteeing recognition for same-sex marriages in his State. A challenge of this directive was brought in the district court and was dismissed.
This progress in the legal world has led to a high profile anti-gay campaign. We saw it during the election with Proposition 8 and many other anti-gay ballot initiatives and again with Rick Warren. But this backlash is part of the success too. We must be ready to deal with the most virulent homophobes when the sanctity of the exclusion of LGBT people is threatened. If there wasn’t some progress, there wouldn’t be a need for outrage. This shows us that the work in courts must now be echoed on the ground.
Barack Obama will be the next President
As upset as I am with Obama (more on that later), he has openly identified as a “fierce advocate” for LGBT rights. He has referred to LGBT people in all of his important speeches and has included LGBT individuals in his inauguration parade. He is not all that I had hoped for, but he is by far an improvement over the last President and is certainly the most progressive President on LGBT issues in U.S. history.
Part of this is the climate of the times – there are just more people comfortable with LGBT rights today than during the Clinton years. But part of it might just be his own commitment to improving equality in the United States.
From what we know now, he will likely not go to the wall for our community, but he will be a very sympathetic ear. My hope is that his administration will oversee the repeal of DOMA. It’s a long shot, but a possible success, especially in the lead up to the next election.
Reverend Rick Warren will speak at the inauguration
Yes, Barack Obama may do many important things for LGBT people and yes, an invocation is only a three minute prayer, but this choice indicates that homophobia is still an acceptable vice. Whereas years ago it was ok to fraternize with racists and anti-semites as long as they made noises about having friends who were Jews or Blacks, today it is ok to bring homophobes into the fold as long as they are progressive on other issues. This sends the message that promoting a lower class of citizens based on “lifestyle choices” is acceptable.
This is Obama’s fault, it is outrageous and it is a tremendous setback for the LGBT movement.
The United States failed to sign the UN non-binding statement on LGBT rights
This event is not so much a failure (notice the term “non-binding”) as an indication of how far there is to go for LGBT rights in the US. The statement said nothing about gay marriage, gay adoption even protections for gay people in the employment context. All it asked was for countries to eliminate the criminalization of LGBT people for acting on their sexual orientation. One line mentioned economic, social and cultural rights including the right to health, but it was part of a larger statement specifically focused on cruel, inhuman and degrading treatment. In sum, this should have been a no brainer, even for the US.
I think the time when a statement like this can garner US support is very close. In fact, if the line about health care and economic rights was removed, I feel an Obama administration would support the statement.
The ups and downs of this year have been a bit tortuous. It is easy to focus on the losses, the backlash, the amendments and the inauguration. However, we need to remember that great progress is being made legally. Once the courts move to approve equal rights for LGBT people, I firmly believe that public opinion will follow. It is, in fact, the only way real progress for equality has been made in this country.
So donate to your local ACLU and Lambda Legal, keep an eye out for the Prop 8 challenge next year and the Iowa court ruling on gay marriage, talk to your conservative family members about gay rights while their mouths are too full to protest, and be sure to have a safe and happy holiday.
By Andy Birkey 12/30/08 10:17 AM
Call it a Christmas present for gay and lesbian couples. President Bush signed the Worker, Retiree and Employer Recovery Act of 2008 (WRERA) two days before Christmas. The new law makes it mandatory for businesses to roll over retirement benefits to a same-sex partner in the event of the employee’s death.
Previously, employers could decline and surviving same-sex partners would have to pay tax on the inheritance of the deceased partner’s retirement savings. Legally married heterosexual couples automatically avoid that tax penalty.
National LGBT rights groups hailed the move. “This legislation secures much-needed protection for lesbian and gay couples,” said Human Rights Campaign President Joe Solmonese. “Our community faces unique challenges in preparing for retirement because we are denied Social Security spousal and survivor benefits. Protecting our hard-earned retirement savings is even more crucial to us, and until now, the tax code made it that much harder.”
Trace, thank you for the update! After doing some research I found “The technical corrections in the Act would clarify that tax-qualified plans are required to allow non-spouse rollovers and provide direct rollover notices as a condition of plan qualification. The correction would be effective for plan years beginning after December 31, 2009.”
That’s a huge advance. I’m surprised that there is not more news about this move. (Not from 351gay.com – as they have been on a Holiday for two weeks.)
Trace,
You do know that every media outlet is cutting staff and looking for ways to save cash, right? 365 is part of that same world.
Sincerely,
James
James,
I was under the impression that 365 was a reference to the days of the year. If I’m incorrect then I apologize. If it is a reference to year round gay news, then the site probably needs a new moniker. Maybe Logo News?
Aside from that, ya’ll have a Happy New Year!
Trace,
I’ll pass your suggestion on.
Happy New Year’s to you and yours!
Sincerely,
James
With all the BS Shrub aka Bush the Dummer has done of the past 8 years, am I supposed to praise this one thing?
I’m just asking
My “angry left” banner will be flying until his sh** is packed and he’s back in Texas
Jonathan, you ain’t seen no BS like the BS Saint Obama has in store.
How about we meet here a year from now and discuss how much the anointed one has let everyone down?
“Rick Warren so what? It’s a three minute prayer for God’s sake.”
Carolyn – on the surface you’re absolutely right. It’s just a three minute prayer, so what harm can it do. Well, I’ll tell you. It lends legitimacy to a man who has fiercely homophobic, antisemitic and anti-muslim views. It tells the world that it’s ok to be prejudiced.
You seem to have a bee in your bonnet about racism, so look at it this way – having Rick Warren deliver the invocation is, to the gay community, like having a prominent member of the Ku Klux Klan delivering the invocation would be to the black community.
I’ve heard a lot of bullshit about Obama having to be “everyone’s President”, claiming that he has to reach out to both sides, but the truth is he doesn’t. Bigotry should not be tolerated. Bigotry should not be indulged. He would not have a racist standing at his side on Inauguration Day, so why have any other kind of bigot there?
It sends a message that homophobia isn’t that bad. It tells the world that you can be a bigot and Obama will still stand with you. For a man who, I’m sure, has encountered his share of racism over the years, it is as much a slap in the face to the gay community as it is to the black community.
Now, I agree with you – there is bigotry within the gay community. There are gays who are racist. There are gays who are intolerant of some, or all, religions. There are gays who don’t like straight people. Human beings are flawed and prejudice touches us all. That doesn’t mean, however, that it is in any way acceptable.
Obama is telling the world that homophobia is, at least to some degree, acceptable by having Rick Warren deliver the invocation. He is saying that prejudice is acceptable when directed at gay people. As a black woman, you should be ashamed that he is to become the first “black” President.
And Ms Ruby-Sachs – I am personally extremely disappointed at the “advances” in gay rights this year. With every step forward we have taken there has been at least one step back. A court says same-sex marriage is unconstitutional, so the people of California change the constitution. Yes, let’s celebrate the wisdom of the court, but at the same time we need to remember that in California, arguably one of the most gay-friendly States, the people there do not think we are entitled to the same basic human rights as everyone else.
The gay community has seen victories in 2008, but overall it has been a terrible year. I only hope that the small tastes of victory we’ve had will energise the community to work together to bring about some real and lasting changes.
Obama may not be as gay-friendly as many of us hoped, but once that moronic bigot Bush is out of the way there will be one less obstacle in the path of the gay community. His departure will at least guarantee a better year for us all, even if we don’t have the victories we’re hoping for.
Trace said: Jonathan, you ain’t seen no BS like the BS Saint Obama has in store.
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When Obama is in office we can discuss what he does or does not do. He’s not there yet so deflecting the failures of Shrub and co. to him is useless.
Annointed one? How about Elected One?
More than we can say for Shrub the first time around.
For the record, I’m not one kneeling at the thrown of Obama. If/when he f***s up, I’ll be calling him on it. But I’m confident even his screw ups won’t be nearly as bad as the one we’re thankfully leaving behind
Isaac Said: January 1st, 2009 at 9:03 am
“Obama may not be as gay-friendly as many of us hoped, but once that moronic bigot Bush is out of the way there will be one less obstacle in the path of the gay community.”
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Jonathan Said: January 1st, 2009 at 12:57 pm
“But I’m confident even his screw ups won’t be nearly as bad as the one we’re thankfully leaving behind”
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If the treatment we’ve been getting from him so far is any indication of what’s in store for us then there’s going to be many more wishing that they had SATAN BUSH BACK to vilify.
When SAINT OBAMA keeps ignoring you and even oppose you in a unifying , middle of the road way , you won’t have the hard left to keep you company. They won’t dare to speak against him! Take a look at Prop HATE. Take a look at the BIGOT pastor invitation going on now.
With devil Bush in office the hard left voiced their rejection on anything the devil made. It had nothing to do with being anti gay , they just hate him. Once saint Obama take office gays are going to become more disregarded and their issues are going to be heard less than before. Get ready to see your cries MASTERFULLY IGNORED.
Mark, I’m not certain why this is so difficult for people to see. I suppose that Saint Obama has quite the powerful control over some followers.
The ManGod has absolutely and utterly disregarded the gay community. And when he does lift his anointed brow to comment on a gay community concern, he reprimands us.
Mark Mentions Obama and Prop 8 as well as Pastor Warren. How about no open gays to any cabinet post or any meaningful committee. How about only a window dressing gay for his inaugural committee. How about no comment on any Prop 8 rally or the passing of Prop 8 or the adoption ban. How about him backing away from DOMA and Don’t Ask Don’t Tell. Lord, he’s smashing us in the face and he ain’t even in office!
Ya’ll think that Bush may have been harmful to the gay community. Saint Obama is gonna make Bush look like a regular rainbow member.
Trace- They have been defanged and they do not know it. Not even hindsight will open their eyes.
You me and some other few need to remain with our feet firmly on the ground while preparing for the inevitable fall down his gay followers are about to experience.
There will be plenty of confusion. There will be plenty of despair when they realize their anti Bush friends on the left don’t care anymore that they are treated as inferiors. Their love affair with SAINT OBAMA is going to leave them raped , unclothed , out in the streets and with people looking down on them.
Mark, Trace,
What planet are you guys on? Bush was a monstrosity. He was a puppet for the Christian right who did more to hurt the battle for gay rights than ANYONE else could possibly have done. He and the people pulling his strings wanted to hurt the gay community, and they frequently succeeded.
Yes, it is easier to look at Bush and see a bigot, but that doesn’t mean for one second that ANYONE is going to long for the days when he was in office.
If you actually took the time to read what I wrote rather than focusing on one sentence you would see that I completely agree with you. Obama will only act in the interests of the gay community when doing so is in his OWN interests. He will only stand up for gay rights when doing so will help his chances for re-election. In other words, NEVER.
At the same time, however, he will not be the active obstacle that Bush was. He will not stand in the way of gay rights. He will do nothing at all, in fact. He will not hear us when we call out to him. He will not see us when we’re standing before him. He has made his token comments about being a friend to the gay community and we will hear them again in the future, but that is ALL we will get from him, now and in the future.
Obama will be less of an obstacle for the gay community simply because he doesn’t care enough to get in our way. Bush did. The people pulling his strings did. Obama only cares about Obama, and getting Obama re-elected. As such, he will play nice with both sides, smile at both of us and let us fight it out ourselves.
He is not a friend to the gay community, but nor is he our enemy. Bush, however, was.
So how about you stop acting like arrogant pricks assuming you know everything and actually start listening to what people have to say. If you had, if you’d read what I’d said in my last post, you would have been able to ascertain my opinion of Obama and would not look like such idiots now.
Isaac, I can assure you that my posts were not attacks on your point of view or opinion. We likely agree more than disagree on subjects.
But make no mistake, Obama will throw us under the bus as fast as he threw his grandmother if it will get him a vote.
I think that those that purport to be our friends and do nothing are far more dangerous than those that so vehemently wish us ill. (I still remember where I was when I heard Bush say that marriage was between one man and one woman.)
I just hope that this wakes people up that they can not hang their hopes on any one candidate or any one party.