OTHER ARTICLES IN THIS SECTION
7/28/2003
- Our government's hate crimes
- The awful truth
- Bypass pipe dreams

On to gay equality

When the Episcopal Church USA opens its annual convention in Minneapolis on Wednesday, a theological donnybrook is expected to break out over whether or not to confirm New Hampshire's newly elected openly gay bishop, as well as over a resolution to create a blessing for same-sex unions. A world-wide Anglican schism is possible if the formidable pro-gay-equality forces in American Anglicanism prevail, which we hope they will. Ending the grotesque stigma many religions have attached to homosexuals over the eons would only be morally rational and humane, and it would be in tune with the live-and-let-live beliefs of most parishioners.

Whatever Anglicanism decides to do, it should not affect the steady progress toward gay and lesbian equality in secular law and society. Last month's Supreme Court decision striking down the country's remaining "sodomy" laws was a signal achievement for the gay-rights movement and its supporters. This welcome development offered a basically conservative court's imprimatur -- as well as the force of law -- to two movement aims: gaining a right to privacy and gaining the right not to be branded criminals for harmless, private, intimate behavior. Both, in fact, represent conservative values, and -- constitutional questions aside -- a majority of the court seemed to understand that.

The Supreme Court's most outspoken radical, Antonin Scalia, fumed in his dissenting opinion that the ruling would open the floodgates of immorality, and ours would soon become a nation awash in incest, bestiality and -- feel free to look it up -- masturbation. Mr. Scalia did make one smart prediction, which was that the sodomy decision would ease the way for same-sex marriage. Let's hope he's right on that one.

The case for civil -- not religious necessarily, but civil -- same-sex marriage is bright and clear. Society does have an interest in encouraging loving and devoted couples to form economic and social units. It's a good set-up for raising children and the practice contributes to public health and social stability. Many same-sex couples agree with this (again) essentially conservative position, and those gays and lesbians should be encouraged to join the institition, not discouraged.

Anti-gay-marriage hysteria was receding a little before the Supreme Court decision, but now it's fierce gain. A move is underway in Congress to bar same-sex marriage with a constitutional amendment, and a separate movement in Massachusetts would amend the state constitution likewise. These mean-spirited and misguided efforts must be fought, though their proponents are clearly moving against the tide of history. Several European countries now allow either same-sex marriage or -- as in Vermont -- its civil-union equivalent. Canada will soon do the same.

The Massachusetts Supreme Judicial Court will likely rule this summer on a suit brought by several gay couples, some of them with children, who wish only to avail themselves of the civil rights and protections -- in inheritance, taxation, child custody, insurance, hospital visitation, etc. -- that opposite-sex couples take for granted. It's an idea so abundantly fair and reasonable that if it succeeds here, Massachusetts could shine in history for leading the way.