Gay but Equal?
By MARY FRANCES BERRY
AS the country prepares to enter the Obama era, anxiety over the legal status and rights of gays and lesbians is growing.
Barack Obama’s invitation to the Rev. Rick Warren, an evangelical pastor who opposes same-sex marriage, to give the
invocation at his inauguration comes just as the hit movie “Milk” reminds us of the gay rights activism of the 1970s.
Supporters of gay rights wonder if the California Supreme Court might soon confirm!!!! the legitimacy of Proposition 8,
passed by state voters in November, which declares same-sex marriage illegal ? leaving them no alternative but to take to
the streets.
To help resolve the issue of gay rights, President-elect Obama should abolish the now moribund Commission on Civil
Rights and replace it with a new commission that would address the rights of many groups, including gays.
The fault lines beneath the debate over gay rights are jagged and deep. Federal Social Security and tax benefits from
marriage that straight people take for granted are denied to most gays in committed relationships. And because Congress
has failed to enact a federal employment nondiscrimination act, bias against gays in the workplace remains a constant
threat.
Gays are at risk under the military’s “don’t ask, don’t tell” policy. And people who are only assumed to be homosexual
have been subject to hate crimes. Jose and Romel Sucuzhanay, two brothers, were attacked in New York City last month
by men yelling anti-gay and anti-Latino epithets. Jose Sucuzhanay died from being beaten with a bottle and a baseball
bat. Yet the effort in Congress to enact a law that would increase the punishment for hate crimes against gays and
lesbians is going nowhere.
Only two states, Massachusetts and Connecticut, permit gay marriage. New York acknowledges marriages from those
states and from other countries, despite the federal Defense of Marriage Act of 1996, which was meant to allow other
states not to recognize gay marriages performed elsewhere. Vermont, New Jersey and New Hampshire permit civil unions,
which provide gay partners the rights, protections and responsibilities of marriage.
On the other hand, a referendum that just passed in Arkansas goes beyond banning gay marriage to prohibit the adoption
of children by unmarried couples. Mississippi, Florida and Utah have similar bans. And many Americans believe their
religion forbids gay marriage or even civil unions.
In the 1950s, race relations in America generated escalating tension and strife. As Secretary of State John Foster Dulles
told President Dwight Eisenhower, other nations vilified us for our treatment of “negroes” as less-than-first-class citizens.
It was in this context that Congress, in 1957, granted Eisenhower’s request for an independent civil rights commission to
“put the facts on top of the table.”
The commission conducted interviews and public hearings, prepared detailed reports and recommended new protections
that would ultimately be passed in the form of the Civil Rights Act of 1964 and the Voting Rights Act of 1965. These laws
embodied the goals of the protestors who marched, went to jail and died to end racial discrimination.
The commission became what the Rev. Theodore Hesburgh, who was the chairman from 1969 to 1972, called the
“conscience of the government” on civil rights issues.
There is no need to analogize the battle for the rights of gay and lesbian people to the struggle of African Americans to
overcome slavery, Jim Crow and continued discrimination. But as Coretta Scott King said to me as she tried to imagine
what position the Rev. Dr. Martin Luther King Jr. would take on “don’t ask, don’t tell”: “What’s the yardstick by which we
should decide that gay rights are less important than other human rights we care about?”
The Commission on Civil Rights has been crippled since the Reagan years by the appointments of commissioners who
see themselves as agents of the presidential administration rather than as independent watchdogs. The creation of a new,
independent human and civil rights commission could help us determine our next steps in the pursuit of freedom and
justice in our society.
A number of explosive issues like immigration reform await such a commission, but recommendations for resolving the
controversies over the rights of gays, lesbians and transgendered people should be its first order of business.
Mary Frances Berry, the chairwoman of the Commission on Civil Rights from 1993 to 2004, is the author of “And Justice
for All: The United States Commission on Civil Rights and the Continuing Struggle for Freedom in America.”
This article appeared in print on January 16, 2009, on page A29 of the New York edition.
Questions:
1. Have you ever met gay people? Please tell us about it. If not, how did you feel when you saw them on TV or in
some movies?
From here on, please separate your group into Cons and Pros on each issues and debate over them.
2. According to South Korean military regulations, gay men aren't allowed to serve. Are they proper or reasonable
regulations, or not?
3. How do you think about same-sex marriage, does it threaten the present institution of marriage?
4. Are homosexual homes bad environments for the rearing of child? What’s your opinion about their adopting
children?