In the wake of the recent ruling by the 9th U.S. Circuit Court of Appeals striking down Proposition 8 (the California same-sex marriage ban) as unconstitutional, conservatives are once again making claims of “judicial activism.“ Such hollow claims have become a familiar refrain from conservatives in response to major court rulings on which they disagree. They seem to believe that the role of the judiciary is to simply rubber stamp whatever the majority wants, whether it runs afoul of constitutional principles or not. Keep in mind that it took a major court ruling in 1954 (Brown v. Board of Education) that struck down racial segregation, an immoral apartheid system in which the majority found perfectly acceptable.
The GOP, most notably its Christian conservative base, holds to the moralistic claim that preventing same-sex marriage is about protecting the institution of marriage, which has been historically defined as a union between man and woman. Christian conservatives also view homosexuality as a sin and want no part, as they see it, in advancing a homosexual agenda.
In fairness, one can reasonably respect that people may hold differing views on matters of morality, homosexuality in particular. But the greater issue isn’t about divergent views on the morality of homosexuality; it’s about a seeming lack of understanding for the distinction between personal moral views and civil freedoms. In a pluralistic society where citizens are afforded great democratic liberties and freedoms, individuals have the right to make choices that may not conform to the strongly held personal or religious beliefs of some. For example, heterosexuals who engage in pre-marital sex or indulge in pornography are behaviors people of faith would clearly deem unacceptable, and some have made condemnatory public pronouncements to that effect.
But voicing strong disapproval of adult behavior is one thing; attempting to pass laws to prevent them from doing it is another. The simple reality is that we live in a free society where people must often tolerate behavioral choices they may find objectionable. Moral disapproval, even if voiced by a majority of citizens, doesn’t trump the virtue of free choice. Republicans, too busy pandering to the narrow interest of the Christian Right for electoral support, either don’t get this fundamental concept, or they choose to willfully disregard it. Either position is disturbing and unacceptable, especially for a party that is seldom shy about proclaiming the virtues of the U.S. Constitution and the freedoms it embodies.
Sadly, the GOP’s anti-gay rhetoric frequently contradicts those virtues. One of the most offensive examples comes from South Carolina Senator Jim DeMint, a prominent Christian conservative who openly espouses the belief that gay individuals shouldn’t be allowed to be teachers. Not only are such views abhorrent, but to be held by someone in a position of leadership in the 21st Century is truly disgraceful. Unfortunately, his extreme views and other like them too often find comfortable refuge in a political party that in 2012 still deems it acceptable to discriminate on the basis of sexual orientation.
Issues of equality and equal protection under the law aren’t matters that need to be polled to gauge public sentiment. Our collective duty to treat people with deserved respect, fairness and dignity -- regardless of skin color, gender or sexual orientation -- isn’t a matter that should ever be subject to political calculation or electoral strategy. It’s about doing what is morally right and Constitutionally just, whether one personally agrees with it or not.
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