iPhone app iPad app Android phone app Android tablet app More

Featuring fresh takes and real-time analysis from HuffPost's signature lineup of contributors
Sara Whitman

GET UPDATES FROM Sara Whitman
 

California Prop 8 Trial: No One Is Perfect

Posted: 01/14/10 07:50 PM ET

In California, the trial on the constitutionality of Proposition 8 is underway. Soon, in New Jersey, a similar trial will take place. The proponents of Prop 8 say that "states have a compelling interest to restrict marriage to heterosexual couples for the sake of procreation."

The Holy See has also weighed in with the same argument. The Pope "linked the Church's opposition to gay marriage to concern about the environment, suggesting that laws undermining "the differences between the sexes" were threats to creation."

Um, Mr. See? I have three children. Some would argue I've procreated a little too much, especially for the environment. And most of those pesky gay people who want to get married? It's because they have kids. Not all, by any means, but many.

Meanwhile, back in California, teh gays are being portrayed as perverts, pedophiles and basically degrading societies fabric by the very act of breathing. "Nancy Cott of Harvard University, presented a centuries-old history lesson on government regulation of marriage, even touching on President Bill Clinton's indiscretions to argue that the institution has evolved dramatically over time."

Ah, but she's a woman and we know how much the Catholic church likes women. Charles Cooper, the lead defense attorney, said "the limitation of marriage to a man and a woman is something that is universal throughout history and different cultures."

Cott quickly responded, she was "amused" when she heard Cooper say that because "the Bible is a situation in which characters practice polygamy." She said his statement was "inaccurate."

A smart woman at that.

Some of the response by the opponents, in my opinion the good guys trying to achieve marriage equality, has disturbed me. Nate Silver, Mr. amazing statistical analysis, is making the point that states who have marriage equality have a lower divorce rate. I respect Silver's opinion, and know his numbers are correct but I am hesitant to take this angle with the argument.

As a parent, I am always worried that if my kids screw up in any way, I'll be seen as an example of why gay people shouldn't parent. The reality is, they will screw up, I will screw up, we are human beings- no better, no worse. Women have the right to vote and that doesn't mean all women are great voters. Or even vote for that matter. It's about equality, not living up to some standard of perfection.

The Goodridges, of Goodridge vs. MA Department of Health fame, the case that won marriage equality for the first time ever in this country, are divorced. As a long time friend, it was heartbreaking to me because I cared about them both very much. The reality, though, is I don't know a single couple married 19 years who haven't come close at one time or another to getting a divorce.

I did. A few years ago, my wife and I almost got to a point to where we couldn't go on. We were lucky, and we figured it out. Not everyone can, and not everyone should.

They were treated horribly in the press and by our community as if they would be the reason marriage equality would end. The right wing pounced on it, acting as if they had been married two years, when in fact, it was over 19.

Do we have to have perfect unions? If divorce rates go up, is it really because there is marriage equality? "In order to form a more perfect union," the preamble of our constitution, isn't about being perfect. It's about a goal. It is a work in progress. Anyone who has been married for any period of time, know it is a work in progress. Always.

This summer, Julie Goodridge went to a fund-raising event in Provincetown where Lily Tomlin performed. After the show, Julie went up, introduced herself and thanked Tomlin for the show. Tomlin looked at her and said, "I really wish you hadn't gotten divorced. We wouldn't have lost California."

Really? Millions of California voters thought, damn, that couple got divorced, those gays don't deserve our sacred union. All they will do is divorce. Um, last I looked, Ms. Tomlin separated from her long time partner. What is that rule about glass houses?

As if straight people don't divorce all the time. Some for very legitimate reasons, such as getting married on a reality TV show called I Married a Stranger having your friends and family pick out your spouse for you. After you pocket the cash, do you really stayed married? I don't think so.

Ah, that sacred institution. Good thing it's limited to heterosexuals for procreation and holding together that fabric of society.

The reality is, divorce is real. It happens. We are not perfect. Please don't expect us to be. We will marry too young, or drunk in Vegas, or on an impulsive whim and decide to get divorced. Being gay doesn't mean we have to live to a higher standard than heterosexuals. Not as parents and not as spouses.

We're doing the best that we can. The argument isn't about being better, it's about being equal. We deserve fair access to housing because we deserve to have housing, not because we will gentrify a neighborhood. We deserve to not be fired from jobs because of our choice of partner isn't relevant to our work performance, not because we're more creative, interesting people to work with. We don't need another stereotype of what gay people are, raising the bar higher for those of us who are basically boring, normal people who go to work, raise our families and have mismatching tableware in the kitchen cabinets.

The arguments in California, and across the country, need to focus on the fact that we are human beings. That there are real economic benefits to marriage given by the government, not some statistic that points to perfection. It's unconstitutional because we are citizens of this country and we deserve the same rights.

And by the way? We procreate, too.

Besides, the defense strategy is pathetic enough all on its own.

 
In California, the trial on the constitutionality of Proposition 8 is underway. Soon, in New Jersey, a similar trial will take place. The proponents of Prop 8 say that "states have a compelling intere...
In California, the trial on the constitutionality of Proposition 8 is underway. Soon, in New Jersey, a similar trial will take place. The proponents of Prop 8 say that "states have a compelling intere...
 
 
  • Comments
  • 18
  • Pending Comments
  • 0
  • View FAQ
Comments are closed for this entry
View All
Favorites
Bloggers
Recency  | 
Popularity
03:20 PM on 01/17/2010
A book called The Divorce Culture spells it all out very well. The cultural pressure in favor of marriage is much less than before, the cultural pressure against divorce has all but disappeared, and the stigma against the alternatives -- open marriage, swinging, adultery -- has mostly disappeared also. The false tolerance for homosexual behavior is all part of the same general complex of phenomena. The whole of humankind has been the loser because so many children are growing up either without the extremely important influence of a mother or without the extremely important influence of a father. Each makes a distinctive contribution, as any careful consideration of personal experience and observation will confirm.
photo
slarabee
abusus non tollit
08:21 AM on 01/15/2010
Personally I think that even debating the points that these religious people make is just giving them more power.

I certainly hope that the lawyers that are fighting to kill Prop 8 are wise enough to ignore issues like history and the bible etc... other than to point out that slavery was perfectly acceptable in our not to distant past so history cannot be our guide on this issue except that if he have learned anything in this country it is that people will not accept being oppressed, and though sometimes the battles are long and hard, in America freedom and equality must alway emerge victorious, else our grand experiment has indeed failed.

At the end of the day the religious opponents of gay rights are no different that the religious opponents of civil rights back in the 50's and 60's and to me it just reeks of a new culture war being waged by the ignorant.

Let them justify it any way they choose but this is an issues of LGBT rights and equality and morality has nothing to do with it.

I am a man married to a woman and our marriage is sure as heck not anymore sacred that anyone one else's including men that are married to men or women married to women and if my marriage is so weak that gay marriage somehow threatens it, well it wasn't really worth fighting for in the first place now was it?
08:57 AM on 01/15/2010
I should first state that I am 100% in favor of Gays/homosexuals having the exactly same legal rights as heterosexuals. Nevertheless I am totally opposed to them being granted the right of same sex marriage. Why is it that Gays/Homosexuals need to co-opt a cultural practice that has existed for centuries to their own use? While we are all human beings and our rights as such should be equal and protected Gays/Homosexuals are different and I see no reason why they cannot use another term, other than marriage, to describe their loving bond to their partners. For many heterosexuals, me being one of them, the controversy with this issue would evaporate if the term "Marriage" was dropped from their fight for equal rights. Furthermore it would eliminate the current situation whereby those of us who support the concept of equal rights but oppose same sex Marriage are lumped in and regarded as homophobic. By the way I suggest that those that oppose same sex relationships on religious grounds go back and read their bibles again. When they get to the story of Lott they will see that God not only condoned sodomy but also rape and incest.
photo
HUFFPOST BLOGGER
Sara Whitman
09:33 AM on 01/15/2010
why marriage? because it is a government sanctioned, legal contract with economic benefits.
photo
slarabee
abusus non tollit
03:10 PM on 01/15/2010
You lost me where you said that you support gays having the same EXACT rights EXCEPT. Simple failure of logic. I am sure it happens all the time. Work on it.
photo
HUFFPOST BLOGGER
Sara Whitman
06:52 AM on 01/15/2010
then the three kids in my home, who came from my body, are in fact space aliens? that explains the socks everywhere...
04:33 AM on 01/15/2010
When the blind lead the blind eventually both could fall into a ditch.

You might want to read the bible, many characters in it had multiple wives (polygomy) and you might find a few other things of interest too.

But really, I am not a religious person; however, I do make attempts to know about a piece of work before making attempt to discredit it.
photo
HUFFPOST BLOGGER
Sara Whitman
06:59 AM on 01/15/2010
thanks,I have read the bible. been a few years, but I have. I was not the one who mentioned the bible's marriage standard (which is right on those pesky little pages), it was Nancy Cott.

thus the highlighted text to go where she was quoted.

and the quotation marks.

I do agree with her, but I've only read the bible once.
This user has chosen to opt out of the Badges program
nikanj
free the fnords
01:30 AM on 01/15/2010
You may procreate. But not with each other. That is a fundamental biological difference. Which matters.
01:36 AM on 01/15/2010
With bio-engineering moving so rapidly, that will not be true for long.
photo
StevenWells
Objects in the avatar are larger than they appear
01:48 AM on 01/15/2010
I assume you oppose marriage for opposite-sex couples who can't or won't procreate. Intellectual consistency and the integrity of your argument demand it.
01:26 AM on 01/15/2010
If marrage were outlawed tommorow we would continue to procreate; the Prop 8 argument is specious and entirely without merit.

See and hear Prop 8 Protest Speeches, including Assemblyperson Tom Ammiano, the Reverend Amos Brown, and California State Senator Mark Leno from the steps of San Francisco City Hall @ http://www.trifecta.tv/prop8/
HUFFPOST SUPER USER
RButler
I've always wanted to have everything I wanted
11:38 PM on 01/14/2010
"Um. Mr. See?" Funniest thing I've read today. I'll have to remember that. It's scary when religion is used to determine our rights-give rights to some and deny rights to others based on beliefs that not everyone shares. Unacceptable in these United States.
photo
HUFFPOST SUPER USER
reverendadam
11:03 PM on 01/14/2010
Phenomenal. Amen.
photo
HUFFPOST SUPER USER
TaylorSiluwe
08:57 PM on 01/14/2010
Excellent commentary; and a wake-up call to those of us who sometimes cheer those stereotypically reasons why we'd be better at it (or certainly not worse). Thank you Sara for this breath of reason, and cold hard reality.