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MEMO TO BARACK: AS FAR AS SAME-SEX MARRIAGES, SILENCE IS GOLDEN

By Lionel

Barry, don’t say a word. Not a word. I know, I know. The California Supreme Court struck a blow against homophobic intolerance in a decision that trumpets open-mindedness, clear thinking, progressive ideology. Yeah, yeah. I know. Look, the decision in validating same sex marriage is the quintessence of clarity: the same limpid arguments that were used to overrule anti-miscegenation laws forty years ago are applicable and, more importantly, alive and well today. What a perfect analogue to Loving. It makes complete sense. And better yet, Scalia, by his own word and “unique” ideology, eschewing the notion of the Constitution being a living, protean, malleable document, should say nothing about the decision because the Constitution as he sees it likewise says nothing for or against . . . anything. It’s not dead. It’s on life support. You know, state’s rights. Tenth Amendment. Yada yada yada. And you, B.O., a con law prof at heart, I know you’re just itching to applaud and herald this triumph. This exquisitely obvious decision. But you can’t. Not a word. Let it go. You’ve just calmed the bitter masses who harp on your middle name, Michelle’s moment of pride and perseverate over that flag lapel pin nonsense. (By the by, the next time the lapel issue is brought up, have a flag pin wearer look at where his sartorial Old Glory was made. China.)

I know. At long last, we, the sentient and compassionate wing of the human race, can celebrate a judicial decision that makes sense, that grants, that’s right, grants protections. We’re so used to limitations of rights, strictures, juridical “not so fast’s.” Think of it. There seem to be no more Browns. No more Roes. Just judicial straightjackets.

Until now. OK, it’s only a state supreme court. But it’s not just any state. OK, maybe it is , but still. We can all rejoice, but not you, B.O. Don’t even hint at happy. Just respect the law, bow to precedent, give a wave to res judicata. Acknowledge stare decisis, remind them all how smart you are and move on. Not a word more.

I know, it’ll kill you. You, the first African-American President, er, candidate, whose parents would have been exposed to criminal, as in felony, liability just 40 years ago, will be tempted to say something profound, but you can’t. You’ll want to remind folks that just as we got over interracial marriages, we’ll get over intragender ones. But not a word on the subject. Got it?

Why?

Because lest you forget, this country is still awash in inter alia a subterranean racism. We’re infected by misogyny and pocked by homophobia. This great land of ours -- for the significant most part -- can’t stomach the idea of gay marriage. Why? I haven’t a clue. It’s that meanness. That determination not to change, not to embrace. To refuse to accept. To hell with alternative anything. It’s section one of the conservative playbook. You’ll hear folks claim that it’s the term “marriage” that bothers them. Go ahead; give same-sex partnerships all attendant rights and privileges, just don’t call it marriage. Civil unions, domestic partnerships, fine. But not the M-word. It’s a last ditch attempt at saying no. It’s digging your heels in. They see this as a concession; it’s a reluctant, obstinate refusal to be egalitarian and fair. It’s an anti-gay posture that speaks to tradition and normalcy. Well, there was a time when interracial marriages weren’t the norm and certainly not traditional. Hear that, DeNiro? But somehow we got over it and threw in the towel. How magnanimous of us to allow blacks and whites face the perils of skyrocketing divorce rates like the rest of us.

These folks argue that this gay marriage business is against nature, the Bible and all that’s right. They’ll remind you of that pathetic “Adam and Steve” joke. They see marriage as being about procreation, though they’ll not prohibit old and infertile men and women from marrying or people who just can’t have kids. They don’t seem to mind the inconsistencies and untenability of their argument(s).

Sad when you think of it. Nobody in this country really cares about same-sex marriage, save same-sex marriage (potential) spouses and (small in proportion) equal rights hierophants like me. Like flag burning, the only moments of concern center around the discussion of its legality. Who cares that there hasn’t been a flag burning in decades. (It’s real big in Iraq, though.) It’s irrelevant to most people, yet to a very loud and, I feel, de minimis group, it’s all they claim they can think of. How dare anybody imagine they can encroach upon that which has been heretofore established via convention and practice solely a heterosexual instrument!

So, Senator O, please. Just tip your hat to the process, hug your wife and kids, make a veiled reference to the celebration of love lest your LGBT -- or is it GLBT -- (sounds like a sandwich at the Carnegie) tolerance be misconstrued by a persnickety electorate who’s still trying to get over Reverend Wright. And don’t think we’re talking about counterfeit conservative Republican-types. Oh, no. A lot of folks who claim to possess progressive and liberal bona fides secretly harbor a resentment against gay folks.

See, a slew of folks think that the liberal or progressive or lefty platform in addition to wanting to hike taxes, dissolve our military and negotiate with terrorists stands for flag-burning and sodomy. They feel that somehow Dems want to deconstruct family values -- whatever the hell that means. They’re watching you to, Barack, see how you’ll react.

Remember, not a peep.

You just don't get it!

I know there are more pressing issues. There are ALWAYS more pressing issues. Why? Because politicians always create more pressing issues to distract us from the promise of our constitution. Equality!!

If not now, when????????