I flagged this with every intention to post last week, and the result is too important to let slip by without any commentary, even if it is no longer breaking news.
I really don’t know what to make of the Supreme Court overall. I’ve been worried, because of rulings like the campaign finance ruling, that the Court is out of touch with protecting the individual’s rights, so I was surprised to see this result in the referendum 71 case. But thrilled to see it none the less.
One issue this raises for me, is the need for anyone who cares about Lesbian, Gay, Bisexual, or Transgender Equality Rights must get smarter about the processes of government and politics. It isn’t enough to stand out on a street corner chanting, “we’re here, we’re queer, we want our rights.” We have to move ourselves as a whole from being the victims to being the agents of change who, by partnering with allies succeed in passing equal rights. We need allies, because without them, we are too small a percentage of the total population. From my perspective, in the past, too much of our strategy has simply been to demand our rights, and not enough work has been done to truly build the support of our allies. An example of this was the concern raised when 2 straight lawyers, one conservative and one more progressive, announced their joining forces to fight the Prop 8 appeal case. Many in our community didn’t trust their motives. In other words, we don’t trust that allies may be there to push forward for our full equality.
But trust is not the reason why we must become better versed in the legal, legislative, and political processes of change. The reality is that the discrimination against anyone who isn’t heterosexual, is deeply ingrained and systemic to our culture and political systems. It isn’t something tacked on to the side of it, that can be easily severed. Rather, it is at the very root of the systems of power and control, and sometimes so masked that the individuals in power don’t even realize how pervasive it is. To address, confront, and eventually change the system and processes to support equality, we, members of the LGBT communities with our allies, will have to work on every front- the legal/ courts system, the legislative, as well as the political, in addition to creating change within our culture overall.
This court ruling is a critical step forward because it draws the distinction between the right to an anonymous vote and the legislative process for referendum. It brings more transparency to the process, and rejects the fear mongering that often plagues these types of battles.
Joe. My. God.: BREAKING: Supreme Court Rules Names On Referendum 71 Must Be Made Public.
This Washington Post story, suggests there is some important interpretations that can be drawn from the ruling.