The USA Has a Long Way to Go

The United States of America and arguably much of the world had much to celebrate on November 5th, 2008, as we learned that Barack Obama would become the forty-fourth President of the United States. His victory was by no small margin and millions tuned in as he gave his acceptance speech even at such a late hour. Tears of joy were shed world-wide as "We the People" showed that once again the dream that is the United States remained alive and well. His victory, to me, has nothing to do with the fact that he will become the first African American leader of this country though many praise this fact. Many see the elevation of President-Elect Obama, especially by the projected margins, as an example of the American Dream where a man raised in a single-parent home, living on welfare and food stamps can rise to success and reach successfully for the highest office of the land. Both my wife and I are among those who sleepily shed tears of joy from our bed in Maryland when he stood before a crowd of thousands in Chicago and celebrated his, and America's, victory. The beacon of hope for democracy, freedom and hope grew a degree brighter.

In a handful of States the promise of our country seemed to be fading despite the example set by the U.S. Presidential election. Ballot measures across the country put to vote a number of controversial measures, many in apparent contradiction to the values set forth in our Constitution and in the promise of this nation's forefathers. California, Arizona and Florida all voted to ban homosexual marriage. Arkansas voted to ban homosexual couples from adopting children. South Dakota, Colorado and California attempted to limit abortion rights but all of those measures failed. Whether we wish to acknowledge it or not the United States of America still has an under-class. Like previous under-classes in this country they are denied rights granted to others and are seemingly vilified by the majority.

I don't particularly care what your personal opinion is on homosexuality or abortion. I could care even less if your opposition to both are derived from your religion, honest bigotry or whatever cause you deem fit. Why you believe that homosexuals should be second-class citizens or why you believe women should be denied control of their own bodies is totally irrelevant to me. I am the very last person to judge anyone. The United States' Constitution protects our collective right to our opinions and even speak them no matter how heinous or disgusting they may be. Even a man who writes that atheists should be evicted from our land of religious freedom is free to speak their mind without fear of government retribution and I applaud them for doing so even as I may write in opposition to their opinion.

The United States' Constitution doesn't care whether or not the vast majority of Americans truly believe that either situation should exist. Section One of the Fourteenth Amendment to me is quite clear: All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein the reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. If "We the People" truly believe in the promise of this nation's forefathers and the ever-evolving document they helped create than no one can and should tolerate this situation any further.

Since the States seem collectively unwilling to respect the Constitution, the supreme law of our land, on either of these matters that the Federal Government is empowered to force an appropriate solution. Just as the Supreme Court of the United States in Roe V Wade cited the Fourteenth Amendment in granting a woman control of her own body that once again we must call upon the Supreme Court to forever put to rest this issue if our Congress will not act now. No matter how times a State attempts to abridge this, arguably, most fundamental of rights the measure is rightfully struck down without, in many cases, ever being legally enforced. And while I'd love to see States still attempting their blatant end-run around our constitution be punished with extra taxes or denial of Federal subsidies I'll settle for the overturning of these laws and the money these state governments lose continuing to address the issue and failing spent at the cost of the citizens whom elect and re-elect them.

I believe it is now time for the same sort of precedent to be set in regards to homosexual rights and while I'd prefer the issue to be put to rest in the Legislature I'll settle for a definitive Supreme Court decision. On the issue of homosexual marriage the Supreme Court must either uphold the rights to two consenting adults to marry or rescind the legal rights and privileges extended via this process. That is correct: no more tax breaks, no more inheritance advantages, no more jointly-held property, etc. I am not calling for religious organizations to be forced to marry two men or two women if said churches are against the practice, that would be a violation of our collective religious freedoms, only that such couples should be allowed a government-recognized and therefore legal union. The government can call them "civil unions" if they desire but all states must be forced to recognize their validity as legal marriages and all rights and privileges should be extended to those couples. This means that Congress should revoke the 1996 Defense of Marriage Act as a blatant constitutional violation. Homosexual couples should be allowed to adopt children barring any reasonable cause for the State to deny that request, such as an unsafe environment for the to-be-adopted children or criminal records of the prospective guardians. And homosexuals should be allowed to openly serve in our Armed Forces, most especially at a time when we're losing so many talented personnel with necessary skills given our current conflicts.

Even as our nation elevates a minority man to the highest office of our country we must finally remove the legal stigma of homosexuality if we ever hope to truly be a bastion of justice and equality. Legally we're already there as laid out by our own Constitution but now "We the People" must abide by that document and remove from office politicians who continue to wage this immoral fight to retain a legal under-class. While I would love to see those who'd continue to place their personal beliefs ahead of the supreme law of our land punished for their acts the simple fact is so long as we simply tolerate the existence of any legal under-class we are collectively an inferior nation and culture. By eliminating the legal stigma of homosexuality and ensuring the freedom of women to control their own bodies we further strengthen our Constitution. Many may ultimately disagree, such disagreement is expected in a government "by the people, for the people", however we are talking about what is right and just, not what is popular and easy.