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Geoffrey R. Stone

Geoffrey R. Stone

Posted: December 26, 2010 11:41 AM

The most ringing phrase in all of American history is Thomas Jefferson's bold statement in the Declaration of Independence that "all men are created equal." Translating that aspiration into law has been a challenge. At the time the Constitution was adopted, most Americans did not have equal rights under the law. But over the course of 220 years, we have struggled, in fits and starts, to make that aspiration a reality.

America's most profound achievement in this quest was of course the abolition of African slavery, which was attained only after a bitter and bloody Civil War that cost the lives of more than 600,000 Americans. Another fundamental milestone was the ratification of the 19th Amendment in 1920, which for the first time guaranteed women the right to vote.

But despite these and other achievements, at the end of World War II the United States was still basically a white, male, Protestant society. Every president in American history had been a white male Protestant. Every justice of the Supreme Court had been a white male. The United States Senate in 1945 was made up of 98 white males. Only one woman (Frances Perkins) and no African-American, Hispanic-American or Asian-American had ever served in a president's cabinet.

In 1945, racial segregation was rampant, women were once again (after the War) relegated to the kitchen, Jews often felt the need to change their names (an early version of "Don't Ask, Don't Tell") in an effort to avoid religious discrimination, Japanese-Americans were struggling to put their devastated lives back together after finally being released from American internment camps, and gays were buried so deep in the closet that most people were certain they had never met one.

In the 65 years since the end of World War II, however, we have made significant strides. Here is an illustrative timeline of our progress:

1948: President Harry Truman orders the desegregation of the armed forces.

1954: The Supreme Court rules in Brown v. Board of Education that racial segregation is "inherently" unequal and therefore unconstitutional.

1959: Hiram Fong is elected as the nation's first Asian-American senator.

1960: John F. Kennedy is elected as the nation's first Catholic president.

1964: Congress enacts the Civil Rights Act of 1964, which prohibits discrimination in employment on the basis of race, religion or gender.

1966: Lyndon Johnson appoints Robert Weaver as the nation's first African-American cabinet secretary.

1967: The Supreme Court rules in Loving v. Virginia that laws prohibiting interracial marriage are unconstitutional.

1967: Lyndon Johnson appoints Thurgood Marshall as the nation's first African-American Supreme Court justice.

1968: Congress enacts the Civil Rights Act of 1968, which prohibits racial and religious discrimination in housing.

1970: The Supreme Court holds for the first time a law that discriminating against women violates the Equal Protection Clause.

1973: Richard Nixon appoints Henry Kissinger as the nation's first Jewish secretary of state.

1981: Ronald Reagan appoints Sandra Day O'Connor as the nation's first woman Supreme Court justice.

1982: Gerry Studds is elected the nation's first openly-gay member of Congress.

1984: The Democrats nominate Geraldine Ferraro as the nation's first woman vice-presidential candidate of a major political party.

1988: George H.W. Bush appoints Lauro F. Cavazos as the nation's first Hispanic-American cabinet member.

1990: Congress enacts the Americans with Disabilities Act, which prohibits discrimination on the basis of disability.

1993: The Hawaii Supreme Court rules that same-sex couples have a constitutional right to marry.

1997: Bill Clinton appoints Madeline Albright as the nation's first woman secretary of state.

2000: Bill Clinton appoints Norman Mineta as the nation's first Asian-American cabinet member.

2000: The Democrats nominate Joseph Lieberman as the nation's first Jewish vice-presidential candidate of a major political party.

2001: George W. Bush appoints Colin Powell as the nation's first African-American secretary of state.

2003: The Supreme Court rules in Lawrence v. Texas that the government cannot constitutionally punish gays and lesbians for engaging in same-sex sex.

2007: Keith Ellison is elected as the nation's first Muslim member of Congress.

2008: Barack Obama is elected as the nation's first African-American president.

2009: Barack Obama appoints Sonia Sotomayor as the nation's first Hispanic-American Supreme Court justice.

2010: Congress enacts legislation allowing gays and lesbians to serve openly in the armed forces.


This is an admirable record of progress, and we should be proud as a nation of how far we have come. This is not to say, however, that there have not been setbacks. The defeat of the Equal Rights Amendment and the passage of the Defense of Marriage Act are notable examples. But despite the regressive forces of intolerance, ignorance, and bigotry, Americans have a way of returning to what Lincoln described as "the better angels of our nature."

None of this comes easy. Almost every step forward has been the result of a small but determined group of farsighted Americans who see injustice when others do not, and who then work tirelessly and often courageously to help others see the light. If we do not lose heart and continue to push forward despite the forces of "tradition," fear and prejudice, then we may someday see a woman president, an openly-gay Supreme Court justice, and a Muslim secretary of state. This is, after all, America's promise.

 
 
 
The most ringing phrase in all of American history is Thomas Jefferson's bold statement in the Declaration of Independence that "all men are created equal." Translating that aspiration into law has be...
The most ringing phrase in all of American history is Thomas Jefferson's bold statement in the Declaration of Independence that "all men are created equal." Translating that aspiration into law has be...
 
 
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06:06 PM on 12/28/2010
If the most burning subject on Americas mind is others sexual characteristics, subsequently, I am so reassured that presently we all have a better indulgent of what we prioritize. Its tea time yall
02:37 PM on 12/28/2010
Very well put, this writter is a master at his/her work!
12:47 PM on 12/28/2010
I hope the next president changes the rules to pre-Clinton. A person joins the service to perform a job. It doesn't have a damn thing to do with sex. Right, Homosexuals have been in the service before and they kept their sex preference to themselves as it should be.
10:22 AM on 12/28/2010
The fact that DADT has been in effect this long is what really shocked me. You should ask any gay man if he deliberately feels the way he does and he will deny it. It is not something he wishes, it is just that he is more attracted to men [some gays are actually bi-]. He is not being rebellious but it appears that understanding is not the long suit for many "straights".
This has been a cruel and unusual restriction and I am gratified that it is no more.
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Sam1jere
Open-minded, sports lover, Red
02:40 AM on 12/28/2010
All men being created equal is not the same as all men being born equal.

Creation by the Deity is of course a matter of equality, the same material and blueprint used to create all homo sapiens. It sounds simple enough. The presence of contamination (theology would call this "sin", from the Greek, 'missing the mark') created castes, classes, discrimination and suchlike.

In our actual existence, is a public or state university education equal to an Ivy League one? Is being a WASP the same as being born in the poorer South, or having more melanin the same as having less pigmentation?

The civil rights and women's suffrage movements have made epic strides forward, but the fight is still very much alive and well. Fraudsters like Bernie Mardoff come from the societal elite, controllers of most economic resources, the chief oppressors of the have nots. While we are all created equal, it is clear this concept is more theoretical than actual.

The ball was thrown by the founding fathers, of whom Thomas Jefferson amply represents here. The fight is still far from won. Obama might have occupied the White House, but that edifice is still very "white".

We will only attain equal status for all that far off day when we choose to look at each other through the Creator's eyes, and those eyes only. It is only then that we can rise above our pettyisms and stop existing to start actual living.
08:07 AM on 12/28/2010
Sam1Jere,

AMEN, brother. VERY well said. Your eloquent words put a lump in my throat.

What must Jesus Christ think of us. It saddens me to think about how The Creator must be saddened by our pettyisms, both real and imagined.
The Repubs always seem to be terribly burdened by so many imagined conspiracies they think are against them. It is very core to everything they think and do. It causes them to attack everyone who dares to think other than as they do. They never seem to realize they are owned and set in motion by BIG Business, the 1% Super Rich and a few BIG Religions!
The Repub propaganda machine is as great, evil and foul as was Hitlers. He said the Jews(totally innocent) were responsible for all of Germany's problems. Bush-Cheney, the GOP and the RRs(Religious Right) claim that Muslims and Liberals are responsible for all of Americas problems. Despite the fact that it was bin Laden and just a few thousand of his followers that attacked America; AND scared the hell out of the Repubs. And as a Liberal, Libertarian and Independent swing voter I have never had an abortion, being a guy, am not homosexual and have never supported terrorism!!! But because I don't think the way they do(Trickle-down economics) I am some kind of enemy.
What ever happened to "Thou shalt NOT bear false witness"??? Now, they attack everybody and everything!
10:15 AM on 12/28/2010
I could make comments about more of your statements; however, the only one I wish to comment on was your last one. That statement was part of the major Jewish Law, commonly termed the ten commandments. There is no need to single that one out specifically because it appears that nobody pays attention to any of them. The one that I think is most ignored is to remember the Sabbath day and keep it holy. The next being to honor your father and mother. Taking the Lord's name in vain. Money or the Pope replaces God. People remain accountable for their sins, but for some strange reason they have the erroneous idea they are not.
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ta2t2o
If I agreed with you, then we'd both be wrong.
01:27 AM on 12/28/2010
Many have previously indicated on here that there is no "gay marriage" - which I fully agree with - as there is only marriage that gay people are also equally entitiled to.

With respects to DADT. Just for those who would believe the repeal of this would compromise the strength of our military. Gays have always served in the US Military. The repeal of DADT doesn't permit gays to serve in the military. DADT did that. What the repeal does is actually allow gay men and women to take credit for the sacrifice they've made. For all the hypocrits and cowards who stood on the sides and allowed gays to serve under DADT and risk their lives for our freedoms without speaking up then, the only thing that bothers you now (as I assume most of you still are standing on the side without taking an oath to join the military) is that this will debunk the stereotypes that we're always used to say that homosexuals might not be able to fight as well as straight men and women.
10:21 PM on 12/27/2010
2110: Congress enacts legislation allowing aliens born in Orion Galaxy who were teletransported to Earth before 2080 to attend college on interstellar tuition.
08:59 PM on 12/27/2010
Thank you Mr. Stone, for these lovely reminders you have listed for us. The great ideas that we have regarding Democracy, the dreams that have yet to be accomplished by us Americans are always being hindered by one thing we continually forget to remember that God only blesses honestly earned treasures, however, this land of opportunity, our biggest treasure was stolen from its fathers the Indian man and until this situation is resolved we cannot honestly claim any accomplishments by any American man
07:25 PM on 12/27/2010
Every society sets it standards...the norms for behavior. To equate "gay marriage" with civil rights is not an accurate comparison. Society has the right to promote standards that are consistent with its objectives. In the minds of most Americans the "gay" choice has not been the desired model...for a number of reasons. It is not bigotry to reject this lifestyle being promoted as normal...it is simply choice. Most Americans believe in the choice of the majority in our society...to have our society guided by principles that best benefit our culture.
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David N Taiwan
68 YO American in Taiwan
07:37 PM on 12/27/2010
On what evidence do you conclude being gay is a choice?

Although the scientific evidence isn't all in. studies over tha past 60 years have been inching more and more towards the conclusion that sexual orientation is the result of multiple physiolgical factors and has nothing to do with "choice."
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WheelsOnFire
Equality Crusader
07:57 PM on 12/27/2010
In that case, sir, your argument and lament fail.

In two polls this year, 52% of Americans said they are in favor of gay marriage. As you said, "most Americans believe in the choice of the majority in our society". The majority have spoken, and they do not support your view about gay marriage. They are for it.

Here's other poll data from this year.

52% said gay relations are morally acceptable, up from 45% five years ago (Gallup)
58% said gay relations should be made legal, up from 46% six years ago (Gallup)
58% said gay couples should be entitled to same government benefits as straight couples (Roper)
52% said the goverment should give legal recognition to gay couples (Roper)
78% said gays should be able to serve openly in the military (Opinion Research Corporation)
67% said their community is somewhat or very tolerant of gays (Fox-Opinion Dynamics)

The majority of Americans favor gays and gay rights.

Is being gay a choice? Let's just look at the logic fallacy of your belief.

If one's sexuality is a choice -- one could choose to be gay or straight -- you have it within you to be gay. You could be romantically and sexually involved with another of your gender -- just as easily as the opposite gender. You chose the latter. Did you explore your homosexual side before you did? Or did you make your choice blindly? Regardless, it's within you to be gay. For now, you're repressing that part
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Jason N
Proud Firebagger Lefty
11:34 AM on 12/28/2010
"The majority of Americans favor gays and gay rights."

It's really easy to say it over a phone, but when push comes to shove, no, the majority do not accept us.
07:24 PM on 12/27/2010
When it comes to genital integrity, adolescent and infant boys may soon acquire the same rights as girls, whose genitals are protected by federal law. Today, it is considered perfectly legal to strap down an infant boy and mutilate his penis ... and get paid for doing it. Until that procedure comes to an end, every circumsexual doctor is violating the 14th amendment when he denies infant boys " ... the equal protection of the laws."
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dannywanny
11:34 PM on 12/27/2010
Children have few protections. We have to reduce those intrusive government regulations you know.
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tnkeating
Dyslexic agnostic insomniac
06:50 PM on 12/27/2010
Hey, you left out Condi Rice and Alberto Gonzales, and several others minorities that Bush appointed.
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LynnW49
"A great democracy must be progressive." TR
06:37 PM on 12/27/2010
I seeby a number of comments here that the term "gay marriage" continues to be used. There is no such thing. There is only marriage. DOMA was not called DOHMA, the Defense of Heterosexual Marriage Act. What is needed is not "gay marriage," but marriage equality. The term "gay marriage" is meaningless (unless, of course, you are making the argument that seeking a 14th Amendment remedy to an American injustice is a "gay" thing). Marriage equality is not.
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WheelsOnFire
Equality Crusader
06:52 PM on 12/27/2010
Good observation. I think we become lax and slip into using "gay marriage" when what we really mean is marriage equality. We should be more vigilant and gravitate toward usage of that term. After all, this is all about equality. Nothing more. Nothing less.
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LynnW49
"A great democracy must be progressive." TR
07:25 PM on 12/27/2010
Thanks for that.
I do think that words are important and there are too many folks who still think this is a "special interest" issue.
"After all, this is all about equality. Nothing more. Nothing less. " Well said and true that.
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sanityisneeded
No one said it was going to be easy.
08:01 PM on 12/27/2010
You have the right to marry someone of the opposite sex just as anyone else does using your comments.
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David N Taiwan
68 YO American in Taiwan
08:07 PM on 12/27/2010
This same argument was used 40 years ago on the issue of interracial marriage - "You have the right to marry anyone you want as long as they are of the same race."
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WheelsOnFire
Equality Crusader
08:10 PM on 12/27/2010
Childish and absurd logic.

You have the right to marry the person you love.

A gay person who loves another gay person does not have the right to marry the person they love.

Put another way, if you were granted the right to marry a person of the same gender, would you exercise it?

Didn't think so.

Thus, why do you subject us to that same idea -- to require us to marry someone whose sexual orientation does not appeal?

Doesn't matter, though. Your silly notion was struck down by a federal judge. Denying gays the right to marry is a violation of the 14th Amendment to the Constitution. Do yourself a favor. Go learn something. Go read the Constitution.
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needlewoman
05:25 PM on 12/27/2010
Racism, male chauvinism, chauvinism (nationalism/fundamentalism), and religious prejudice, ....all of those things pretty much add up to the same thing as homophobia.....these are all pre-judging prejudices that warp any connection to 'reality'. Born of fear, projecting all manner of delusions on the 'other' in question, trying to establish a superiority based on subjugation of 'other,' and wishing for a world of clones and total agreement..... What a pathetic, mentally-crippled, intelligence-disabled, mind-set. One might even add 'species-ism....as some people need so badly to believe themselves superior that they will deny the validity of feelings and emotions to the selected 'inferior.' How comforting that enough of us have outgrown the homophobia enough for DADT to be understood as unconstitutional. But we still have a long way to go with all the other prejudices, don't we?
12:20 AM on 12/28/2010
What is your moral foundation to judge other peoples behavior mentally-crippled or homophobic? Sounds like the pot calling the kettle black. You are the one right now acting superior over other person's beliefs.
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Raphi
12:58 AM on 12/28/2010
To begin with, there is a big difference between someone's personal likes/dislikes and an actual informed opinion. Challenging views based on ignorance is not a case of pots and kettles.

Nor is it defending rights to hold all beliefs as equally valid. Believe what you want privately. But that's not the case when "beliefs" make into legislation denying other people equality. That's a pretty good piece of evidence that prejudice like homophobia is real.

So to make a play on words based my own identity and my Christian faith: it is indeed by their fruits you shall know them.
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sanityisneeded
No one said it was going to be easy.
05:23 PM on 12/27/2010
Why is it that we have to disparage anyone who does not hold our beliefs? If you disagree with gays, you are homophobic, hate mongers and a judgemental Christian. How can we have a reasonable dialogue unless these words change?
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Cameron Huff
05:53 PM on 12/27/2010
How can you disagree with gays? What's there to disagree with? Gay people are what and who they are and neither you nor any other conservative, religion bound person can make them change any more than someone can change you from being "straight".
This user has chosen to opt out of the Badges program
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Jean Bastien
Fear is the game of the Powerslave
06:24 PM on 12/27/2010
You can disagree with gay marriage, for one. Does that make someone a homophobe? Does that even make someone a Republican or a religious person? As you seem to assume anyone who disagrees with YOU IS?
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sanityisneeded
No one said it was going to be easy.
07:59 PM on 12/27/2010
This is precisely why you don't get any respect - you don't respect others who disagree with you.
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Ioan Lightoller
Proud Gay Pagan Man, Living Happily With Husband
06:48 PM on 12/27/2010
Most homophobes are not interested in honest dialogue. And why should MY civil rights be up for you or any other homohater to discusss and debate?
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sanityisneeded
No one said it was going to be easy.
07:55 PM on 12/27/2010
As long as you continue to disrespect those who disagree with you there will be no dialogue - you justr killed such a dialogue.
04:57 PM on 12/27/2010
Corporations are trumping (through our corrupt government and their hyper-greed) our democratic tradition of fairness at an exponential rate. This will negate most of our hard begotten freedoms. In the near future you will be pledging allegiance to your anti-liberty employer and/or your rights will erode away. Kind of like Queen Elizabeth "rules" Great Britain our governments really won't rule, but will be mere puppets to the true rulers, the corporate class. So, I suggest that we fight this first, then if successful, on to the business of further emancipation.