Motley Moose – Archive

Since 2008 – Progress Through Politics

No Freedom ’til We’re Equal

This song, while maybe overplayed and considered cliche by the hipster types (I am sooo not one), really speaks to me and I’ve been meaning to post about it because it does so …

When I was in the third grade I thought that I was gay,

‘Cause I could draw, my uncle was, and I kept my room straight.

I told my mom, tears rushing down my face

She’s like “Ben you’ve loved girls since before pre-k, trippin’ ”

Yeah, I guess she had a point, didn’t she?

Bunch of stereotypes all in my head.

I remember doing the math like, “Yeah, I’m good at little league”

A preconceived idea of what it all meant

For those that liked the same sex

Had the characteristics

The right wing conservatives think it’s a decision

And you can be cured with some treatment and religion

Man-made rewiring of a predisposition

Playing God, aw nah here we go

America the brave still fears what we don’t know

And God loves all his children, is somehow forgotten

But we paraphrase a book written thirty-five-hundred years ago

I don’t know …

And I can’t change

Even if I tried

Even if I wanted to

And I can’t change

Even if I tried

Even if I wanted to

My love

My love

My love

She keeps me warm

She keeps me warm

She keeps me warm

She keeps me warm

If I was gay, I would think hip-hop hates me

Have you read the YouTube comments lately?

“Man, that’s gay” gets dropped on the daily

We become so numb to what we’re saying

A culture founded from oppression

Yet we don’t have acceptance for ’em

Call each other faggots behind the keys of a message board

A word rooted in hate, yet our genre still ignores it

Gay is synonymous with the lesser

It’s the same hate that’s caused wars from religion

Gender to skin color, the complexion of your pigment

The same fight that led people to walk outs and sit ins

It’s human rights for everybody, there is no difference!

Live on and be yourself

When I was at church they taught me something else

If you preach hate at the service those words aren’t anointed

That holy water that you soak in has been poisoned

When everyone else is more comfortable remaining voiceless

Rather than fighting for humans that have had their rights stolen

I might not be the same, but that’s not important

No freedom till we’re equal, damn right I support it

(I don’t know)

And I can’t change

Even if I tried

Even if I wanted to

My love

My love

My love

She keeps me warm

She keeps me warm

She keeps me warm

She keeps me warm

We press play, don’t press pause

Progress, march on

With the veil over our eyes

We turn our back on the cause

Till the day that my uncles can be united by law

When kids are walking ’round the hallway plagued by pain in their heart

A world so hateful some would rather die than be who they are

And a certificate on paper isn’t gonna solve it all

But it’s a damn good place to start

No law is gonna change us

We have to change us

Whatever God you believe in

We come from the same one

Strip away the fear

Underneath it’s all the same love

About time that we raised up… sex

And I can’t change

Even if I tried

Even if I wanted to

And I can’t change

Even if I tried

Even if I wanted to

My love

My love

My love

She keeps me warm

She keeps me warm

She keeps me warm

She keeps me warm

Love is patient

Love is kind

Love is patient

Love is kind …

The last few days have seen court decisions that bring a lovely rosy hue to a wonderful year that saw equality spread to Rhode Island, Delaware, Minnesota, New Jersey, Hawaii, Illinois, New Mexico, and (for now) Utah.

The 10th Circuit Court on Tuesday refused to grant an emergency stay:

Having considered the district court’s decision and the parties’ arguments concerning the stay factors, we conclude that a stay is not warranted. Accordingly, we deny Defendants-Appellants’ emergency motions for a stay pending appeal and for a temporary stay. In addition, we direct expedited consideration of this appeal. The Clerk is directed to issue a separate order setting deadlines for briefing. http://thinkprogress.org/defau…  

According to Twitter UT is going to ask SCOTUS via Justice Sotomayer (!) to grant a stay.  I can only assume that since she doesn’t seem a likely candidate to be chosen by opponents of same sex marriage that she’s the only choice they have.

Jeffrey Toobin, writing for The New Yorker, makes a few interesting observations:

There was really very little fuss made by the Mormon Church other than a rather tepid statement …  

“The Church has been consistent in its support of traditional marriage while teaching that all people should be treated with respect,” the Church statement said. “This ruling by a district court will work its way through the judicial process.”

It this because the Church is trying to mend its reputation after Prop 8 or has the Church, as Toobin suggests, figured out that continuing to fight marriage equality is a lost cause?

Toobin also sees the much-less-heralded decision in Ohio has a much bigger deal as it relates to states who have bans on same sex marriage recognizing out-of-state marriages.

In anticipation of [John] Arthur’s death, the couple petitioned the state of Ohio for Arthur to be listed as “married” on his Ohio death certificate, and to record [James] Obergefell as the “surviving spouse.” Ohio, which does not allow same-sex marriages, refused, but federal judge Timothy S. Black ruled against the state and in favor of the couple. The judge said it was “not a complicated case.” Throughout Ohio’s history, Ohio has treated marriages solemnized out of state as valid in Ohio. “How then can Ohio, especially given the historical status of Ohio law, single out same-sex marriage as ones it will not recognize?” Black asked in his opinion. “The short answer is Ohio cannot.”

The Ohio decision is crucial because people in the United States tend to move from state to state. Like Obergefell and Arthur, people in same-sex marriages may well end up living in states where such marriages are illegal. Once they are in those states, these couples will become enmeshed in the legal system in the way that heterosexual married couples do. They will have children; they may divorce and dispute child custody; they will seek to file joint tax returns; they will visit each other in the hospital; they will want to be with each other when they die. Their lives will intersect with the legal system in scores of ways at those junctures. In light of this, many judges will face dilemmas similar to the one Black just resolved.

And these judges will almost certainly decide their cases the same way. It would be a disorderly mess to have separate spheres of law for gay married couples and straight married couples-and, more important, there is no moral or legal justification for doing so. When it comes to marriage, states have granted each other reciprocity since the dawn of the republic.

Justice Scalia saw the writing on the wall when the Windsor decision was handed down.  And Robert Shelby, the judge in the UT case, knew that Scalia knew it; he took great delight (I’m hoping) in pointing it out.  And oh by they way, Shelby was originally the choice of Orrin Hatch and enjoyed the backing of Mike Lee.

What Shelby and all these judges are seeing is that it is impossible to offer gay people some rights and not others. They are either full citizens, or they are not. In case after case, and now state after state, judges are drawing the only principled conclusions they can. So, increasingly, is the broader citizenry. Gay people are winning-as are we all.


11 comments

  1. HappyinVT

    The Iowa decision back in the day was one thing … one wonderful thing.  But Utah does feel different.  Is it because it seemed so unlikely?  Is it because it feels like one of the continuing post-Windsor dominoes to fall?  Is it because the Mormon Church fought so hard in California and now the schadenfreude is so terribly strong?  Or is it just because?

    No freedom ’til we’re equal ~ damn right I support it.

    Congratulations to everyone who is free to be who they are and  on a new year and new battles.

  2. It is called the “full faith and credit clause” and essentially boils down to this (from Toobin’s piece):

    Throughout Ohio’s history, Ohio has treated marriages solemnized out of state as valid in Ohio. “How then can Ohio, especially given the historical status of Ohio law, single out same-sex marriage as ones it will not recognize?” Black asked in his opinion. “The short answer is Ohio cannot.”

    States have to respect the “public acts, records, and judicial proceedings of every other state.” Otherwise, it all falls apart. Ohio is the first to make this case but they will not be the last. When that piece of DOMA falls (it will probably require someone to appeal it to the Supreme Court), the whole thing collapses.



  3. Navy blue=Marriage Equality

    Royal blue=Civil unions

    Light blue=Some enumerated privileges

    Grey=No prohibition or recognition

    Pinkish=Banned by statute

    Bright Red=Constitutional amendment against marriages

    Deep Red=Constitutional amendment against marriages, civil unions and enumerated privileges

  4. jlms qkw

    the speakers at the rally monday night spoke to this also.

    in utah, it is perfectly legal to be fired because you are gay.

    it is also perfectly legal to be kicked out of your lease if you are gay.  

    there are local, municipal non-discrimination clauses in many large and a few small cities.

    we want/need it statewide.  the legislature opens in late january.  

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