or, As goes Texas, so goes the Nation.
Do you believe in pulling the band-aid off quickly — 1,2,3...off! — or peeling back the sticky adhesive slowly, prolonging the pain?
Do you believe we should prolong this idea of pursuing a 'states rights' method of equality by waiting for the majority of voters to agree to protect minority rights?
or, does the Supreme Court simply stop delaying the inevitable — which is dividing and tearing the country asunder in some regions — and now affirm the lower court rulings: that in these days of paternity tests, multiple divorces, and childless marriages, there's simply no legitimate rational basis to continue discriminating against a discrete insular minority like gay people?
Git 'er done.
Religions can choose to continue to make private distinctions, as the Catholic Church has done in refusing to marry divorcees (except under special conditions they have set up to annul the previous union.) The social conservatives get to keep their rules on what is adultery, held to a higher standard than what people in society nowadays accept, by refusing to recognize in the Church the remarriage without annulment while the original spouse still lives.
Nobody has forced the Church to marry any couples who don't meet their parish, diocese or Catholic standards. The same would be true for gay Catholics, even if the legal civil discrimination is ended. Most smart people understand this. Fear mongers try to hype hate, but the laws for businesses open to serving the public, and private churches differ. Rightly so.
What the Arizona legislature's overreach showed us is the degree of animosity that still exists in plenty of places against equal civil rights. This is not really about religious 'protections'. It's about maintaining the codified right to discriminate against minorities, if you just don't like the looks of them.
Reread, or treat yourself to a first read even, of Martin Luther King's "Letter from a Birmingham Jail".* Though addressed to clergymen, he wrote it to you and me, all of us.
Look at today's verbal backlash in some comment sections and twitter feeds. Read the hate dripping off them. Does anyone really think there's not continued discrimination out here that doesn't fall under anyone's banner of simply wanting to practice one's religion freely?
The Court can choose to maintain the position that they are simply keeping the peace as the country as a whole is not ready to accept an equality mandate, without majority acceptance state by state by state. In many places, that will never come...
Yesterday, Texas fell.
That's the biggest state yet to lose in the lower courts, and the first with a solid southern mentality.
So Justices, do we drag this one out slowly, prolonging the pain for plenty of good people, or do we put our heads together in what even Justice Scalia spelled out in his Laurence v. Texas dissent is indeed now inevitable in time? The Brown court crafted a unanimous decision, but what's coming need not include all Justices...
Good people see what almost happened in Arizona, a state with socially conservative aged retirees who exercise their voting power. It sickens plenty of them, pretending such legal moves are necessary to 'protect' their own private faith traditions.
Children of divorcees are no less welcome as guests in private religious homes, even if those homes do not approve of divorce because of the best interests of the children. It really is possible in this day and age to hold private religious beliefs that go against social acceptance of liberal policies, and yet to understand why your own socially conservative rules should not be imposed on the whole of society.
The 'no divorce' in Church rule — but with civil relief from a failed marriage available to all faiths in courtrooms across America — has worked out well for Catholics in longstanding sacramental unions. Their own marital bonds have not been lessened by a loosening of societal mores.
Children raised in faith-based marriages, where the values are modeled and practiced, don't tend to divorce easily when care is taken in selecting the one spouse who will be with you until the end of days... Even if the child is exposed to divorcees and their children, in places where that is a socially accepted civil option.
I also think that parents of gay people, or parents of divorcees, who might have religious objections to those practices in their faith-based communities, might actually support civil laws that go against their own 'church laws'. Nobody wants to see their kid stuck in a bad marriage, anymore than they want to see their adult child's love likened to sex with minors, multiples or barnyard animals, as if intelligent people are incapable of distinguishing in good faith. Don't put this animosity and hate at the feet of true Christians, who don't need it done in their names.
We don't need to prolong feelings of artificial superiority for some under the guise of protecting religious beliefs. Those religious beliefs not bourne out of animosity will instead survive, grow and prosper because they are secure rock-solid beliefs, not threatened by others.
Arizona taught us how far things might go, in the absence of the veto pen. How much animosity still exists, not out of fear of religious protections, but out of fear in some circles perhaps that society will see 'lessers' as equals in terms of civil equality.
It's time.
It's time to let in light and fresh air and to let the healing begin.
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*16 April 1963
My Dear Fellow Clergymen:
While confined here in the Birmingham city jail, I came across your recent statement calling my present activities "unwise and untimely." Seldom do I pause to answer criticism of my work and ideas. If I sought to answer all the criticisms that cross my desk, my secretaries would have little time for anything other than such correspondence in the course of the day, and I would have no time for constructive work. But since I feel that you are men of genuine good will and that your criticisms are sincerely set forth, I want to try to answer your statement in what I hope will be patient and reasonable terms....
I am in Birmingham because injustice is here. Just as the prophets of the eighth century B.C. left their villages and carried their "thus saith the Lord" far beyond the boundaries of their home towns, and just as the Apostle Paul left his village of Tarsus and carried the gospel of Jesus Christ to the far corners of the Greco Roman world, so am I compelled to carry the gospel of freedom beyond my own home town. Like Paul, I must constantly respond to the Macedonian call for aid.
Moreover, I am cognizant of the interrelatedness of all communities and states. I cannot sit idly by in Atlanta and not be concerned about what happens in Birmingham. Injustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly, affects all indirectly. Never again can we afford to live with the narrow, provincial "outside agitator" idea. Anyone who lives inside the United States can never be considered an outsider anywhere within its bounds.
You deplore the demonstrations taking place in Birmingham. But your statement, I am sorry to say, fails to express a similar concern for the conditions that brought about the demonstrations. I am sure that none of you would want to rest content with the superficial kind of social analysis that deals merely with effects and does not grapple with underlying causes.
...
My friends, I must say to you that we have not made a single gain in civil rights without determined legal and nonviolent pressure. Lamentably, it is an historical fact that privileged groups seldom give up their privileges voluntarily. Individuals may see the moral light and voluntarily give up their unjust posture; but, as Reinhold Niebuhr has reminded us, groups tend to be more immoral than individuals.
...
For years now I have heard the word "Wait!" ... This "Wait" has almost always meant "Never." We must come to see, with one of our distinguished jurists, that "justice too long delayed is justice denied."... To a degree, academic freedom is a reality today because Socrates practiced civil disobedience. In our own nation, the Boston Tea Party represented a massive act of civil disobedience.
We should never forget that everything Adolf Hitler did in Germany was "legal" and everything the Hungarian freedom fighters did in Hungary was "illegal." It was "illegal" to aid and comfort a Jew in Hitler's Germany. Even so, I am sure that, had I lived in Germany at the time, I would have aided and comforted my Jewish brothers. If today I lived in a Communist country where certain principles dear to the Christian faith are suppressed, I would openly advocate disobeying that country's antireligious laws.
I must make two honest confessions to you, my Christian and Jewish brothers. First, I must confess that over the past few years I have been gravely disappointed with the white moderate.
I have almost reached the regrettable conclusion that the ... great stumbling block is ... the white moderate, who is more devoted to "order" than to justice; who prefers a negative peace which is the absence of tension to a positive peace which is the presence of justice; who constantly says: "I agree with you in the goal you seek, but I cannot agree with your methods of direct action"; who paternalistically believes he can set the timetable for another man's freedom; who lives by a mythical concept of time and who constantly advises ... to wait for a "more convenient season."
Shallow understanding from people of good will is more frustrating than absolute misunderstanding from people of ill will. Lukewarm acceptance is much more bewildering than outright rejection.
I had hoped that the white moderate would understand that law and order exist for the purpose of establishing justice and that when they fail in this purpose they become the dangerously structured dams that block the flow of social progress.
I had hoped that the white moderate would understand that the present tension in the South is a necessary phase of the transition from an obnoxious negative peace ... to a substantive and positive peace, in which all men will respect the dignity and worth of human personality.
Actually, we who engage in nonviolent direct action are not the creators of tension. We merely bring to the surface the hidden tension that is already alive. We bring it out in the open, where it can be seen and dealt with. Like a boil that can never be cured so long as it is covered up but must be opened with all its ugliness to the natural medicines of air and light, injustice must be exposed, with all the tension its exposure creates, to the light of human conscience and the air of national opinion before it can be cured.
...
We must come to see that, as the federal courts have consistently affirmed, it is wrong to urge an individual to cease his efforts to gain his basic constitutional rights because the quest may precipitate violence.
...
I have just received a letter from a white brother in Texas. He writes: "All Christians know that the colored people will receive equal rights eventually, but it is possible that you are in too great a religious hurry. It has taken Christianity almost two thousand years to accomplish what it has. The teachings of Christ take time to come to earth."
Such an attitude stems from a tragic misconception of time, from the strangely irrational notion that there is something in the very flow of time that will inevitably cure all ills. Actually, time itself is neutral; it can be used either destructively or constructively. More and more I feel that the people of ill will have used time much more effectively than have the people of good will.
We will have to repent in this generation not merely for the hateful words and actions of the bad people but for the appalling silence of the good people. Human progress never rolls in on wheels of inevitability; it comes through the tireless efforts of men willing to be co workers with God, and without this hard work, time itself becomes an ally of the forces of social stagnation.
We must use time creatively, in the knowledge that the time is always ripe to do right. Now is the time to make real the promise of democracy and transform our pending national elegy into a creative psalm of brotherhood. Now is the time to lift our national policy ... to the solid rock of human dignity.
...
Oppressed people cannot remain oppressed forever. The yearning for freedom eventually manifests itself, and that is what has happened to the American Negro. Something within has reminded him of his birthright of freedom, and something without has reminded him that it can be gained.
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In that dramatic scene on Calvary's hill three men were crucified. We must never forget that all three were crucified for the same crime — the crime of extremism. Two were extremists for immorality, and thus fell below their environment. The other, Jesus Christ, was an extremist for love, truth and goodness, and thereby rose above his environment. Perhaps the South, the nation and the world are in dire need of creative extremists.
I had hoped that the white moderate would see this need. Perhaps I was too optimistic; perhaps I expected too much. I suppose I should have realized that few members of the oppressor race can understand the deep groans and passionate yearnings of the oppressed race, and still fewer have the vision to see that injustice must be rooted out by strong, persistent and determined action.
...
Let me take note of my other major disappointment. I have been so greatly disappointed with the white church and its leadership. Of course, there are some notable exceptions. I am not unmindful of the fact that each of you has taken some significant stands on this issue. I commend you, Reverend Stallings, for your Christian stand on this past Sunday, in welcoming Negroes to your worship service on a nonsegregated basis. I commend the Catholic leaders of this state for integrating Spring Hill College several years ago.
But despite these notable exceptions, I must honestly reiterate that I have been disappointed with the church. I do not say this as one of those negative critics who can always find something wrong with the church. I say this as a minister of the gospel, who loves the church; who was nurtured in its bosom; who has been sustained by its spiritual blessings and who will remain true to it as long as the cord of life shall lengthen.
When I was suddenly catapulted into the leadership of the bus protest in Montgomery, Alabama, a few years ago, I felt we would be supported by the white church. I felt that the white ministers, priests and rabbis of the South would be among our strongest allies. Instead, some have been outright opponents, refusing to understand the freedom movement and misrepresenting its leaders; all too many others have been more cautious than courageous and have remained silent behind the anesthetizing security of stained glass windows.
In spite of my shattered dreams, I came to Birmingham with the hope that the white religious leadership of this community would see the justice of our cause and, with deep moral concern, would serve as the channel through which our just grievances could reach the power structure. I had hoped that each of you would understand. But again I have been disappointed.
I have heard numerous southern religious leaders admonish their worshipers to comply with a desegregation decision because it is the law, but I have longed to hear white ministers declare: "Follow this decree because integration is morally right and because the Negro is your brother."
In the midst of blatant injustices inflicted upon the Negro, I have watched white churchmen stand on the sideline and mouth pious irrelevancies and sanctimonious trivialities. In the midst of a mighty struggle to rid our nation of racial and economic injustice, I have heard many ministers say: "Those are social issues, with which the gospel has no real concern."
And I have watched many churches commit themselves to a completely other worldly religion which makes a strange, un-Biblical distinction between body and soul, between the sacred and the secular.
I have traveled the length and breadth of Alabama, Mississippi and all the other southern states. On sweltering summer days and crisp autumn mornings I have looked at the South's beautiful churches with their lofty spires pointing heavenward. I have beheld the impressive outlines of her massive religious education buildings.
Over and over I have found myself asking: "What kind of people worship here? Who is their God? Where were their voices when the lips of Governor Barnett dripped with words of interposition and nullification? Where were they when Governor Wallace gave a clarion call for defiance and hatred? Where were their voices of support when bruised and weary Negro men and women decided to rise from the dark dungeons of complacency to the bright hills of creative protest?"
Yes, these questions are still in my mind. In deep disappointment I have wept over the laxity of the church. But be assured that my tears have been tears of love. There can be no deep disappointment where there is not deep love. Yes, I love the church. How could I do otherwise? I am in the rather unique position of being the son, the grandson and the great grandson of preachers. Yes, I see the church as the body of Christ. But, oh! How we have blemished and scarred that body through social neglect and through fear of being nonconformists.
There was a time when the church was very powerful--in the time when the early Christians rejoiced at being deemed worthy to suffer for what they believed. In those days the church was not merely a thermometer that recorded the ideas and principles of popular opinion; it was a thermostat that transformed the mores of society. Whenever the early Christians entered a town, the people in power became disturbed and immediately sought to convict the Christians for being "disturbers of the peace" and "outside agitators."'
But the Christians pressed on, in the conviction that they were "a colony of heaven," called to obey God rather than man. Small in number, they were big in commitment. They were too God-intoxicated to be "astronomically intimidated." By their effort and example they brought an end to such ancient evils as infanticide and gladiatorial contests.
Things are different now. So often the contemporary church is a weak, ineffectual voice with an uncertain sound. So often it is an archdefender of the status quo. Far from being disturbed by the presence of the church, the power structure of the average community is consoled by the church's silent — and often even vocal — sanction of things as they are.
But the judgment of God is upon the church as never before. If today's church does not recapture the sacrificial spirit of the early church, it will lose its authenticity, forfeit the loyalty of millions, and be dismissed as an irrelevant social club with no meaning for the twentieth century. Every day I meet young people whose disappointment with the church has turned into outright disgust.
Perhaps I have once again been too optimistic. Is organized religion too inextricably bound to the status quo to save our nation and the world? Perhaps I must turn my faith to the inner spiritual church, the church within the church, as the true ekklesia and the hope of the world. But again I am thankful to God that some noble souls from the ranks of organized religion have broken loose from the paralyzing chains of conformity and joined us as active partners in the struggle for freedom. They have left their secure congregations and walked the streets of Albany, Georgia, with us. They have gone down the highways of the South on tortuous rides for freedom. Yes, they have gone to jail with us. Some have been dismissed from their churches, have lost the support of their bishops and fellow ministers. But they have acted in the faith that right defeated is stronger than evil triumphant.
Their witness has been the spiritual salt that has preserved the true meaning of the gospel in these troubled times. They have carved a tunnel of hope through the dark mountain of disappointment. I hope the church as a whole will meet the challenge of this decisive hour. But even if the church does not come to the aid of justice, I have no despair about the future. I have no fear about the outcome of our struggle in Birmingham, even if our motives are at present misunderstood. We will reach the goal of freedom in Birmingham and all over the nation, because the goal of America is freedom.
...
We will win our freedom because the sacred heritage of our nation and the eternal will of God are embodied in our echoing demands. Before closing I feel impelled to mention one other point in your statement that has troubled me profoundly. You warmly commended the Birmingham police force for keeping "order" and "preventing violence."
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It is true that the police have exercised a degree of discipline in handling the demonstrators. In this sense they have conducted themselves rather "nonviolently" in public. But for what purpose? To preserve the evil system of segregation.
Over the past few years I have consistently preached that nonviolence demands that the means we use must be as pure as the ends we seek. I have tried to make clear that it is wrong to use immoral means to attain moral ends. But now I must affirm that it is just as wrong, or perhaps even more so, to use moral means to preserve immoral ends.
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One day the South will recognize its real heroes. They will be the James Merediths, with the noble sense of purpose that enables them to face jeering and hostile mobs, and with the agonizing loneliness that characterizes the life of the pioneer.
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One day the South will know that when these disinherited children of God sat down at lunch counters, they were in reality standing up for what is best in the American dream and for the most sacred values in our Judaeo Christian heritage, thereby bringing our nation back to those great wells of democracy which were dug deep by the founding fathers in their formulation of the Constitution and the Declaration of Independence.
Never before have I written so long a letter. I'm afraid it is much too long to take your precious time. I can assure you that it would have been much shorter if I had been writing from a comfortable desk, but what else can one do when he is alone in a narrow jail cell, other than write long letters, think long thoughts and pray long prayers?
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I hope this letter finds you strong in the faith. I also hope that circumstances will soon make it possible for me to meet each of you... Let us all hope that the dark clouds ... will soon pass away and the deep fog of misunderstanding will be lifted from our fear drenched communities, and in some not too distant tomorrow the radiant stars of love and brotherhood will shine over our great nation with all their scintillating beauty.
Yours for the cause of Peace and Brotherhood,
Martin Luther King, Jr.
Four same-sex couples represented by the American Civil Liberties Union sued Wisconsin Gov. Scott Walker (R) and other state top administration officials on Monday, challenging Wisconsin’s 7-year-old ban on gay marriage.
In addition to attempting to overturn the state’s constitutional amendment barring marriage equality, the lawsuit also seeks to repeal Wisconsin’s "marriage evasion" law, which criminalizes leaving the state to “contract a marriage that is prohibited or void” in Wisconsin. Couples violating the marriage evasion statute can be fined up to “$10,000 or imprisoned for not more than 9 months or both.”
“Wisconsin is unique in that sense, and so we think that argument particularly exemplifies the harm or the animus toward same-sex couples in some parts of the country,” John Knight, director of ACLU's LGBT and AIDS Project, told the Washington Blade on Monday.
The couples in the lawsuit are Roy Badger and Garth Wangemann; Charvonne Kemp and Marie Carlson; Judith Trampf and Katharina Heyning; and Virginia Wolf and Carol Schumacher, the lead plaintiffs in the case.