Posted by
Jack Fisher on Sunday, October 11, 2009 11:23:59 AM
At a rally in downtown Washington DC, President Obama addressed thousands of marching homosexuals protesting against anti-gay policies such as Don't Ask Don't Tell. The president's words were explicit.
"I will end Don't Ask Don't Tell."
It was part of his campaign promise. He would take a stand against the anti-gay sentiment that has grown heated in wake of the gay marriage debate. Yet so far he has done little on this issue. Restating his position may earn him cheers, but without any substance behind his rhetoric he won't be winning himself any supporters.
Gay activists have been voicing their frustrations and rightfully so. There has been little push from Obama Administration on the social issues since he took office. Much of his focus has been on the economy, health care, and the wars in Iraq and Afghanistan. Yet that isn't an excuse for the gay community. They want their equal rights now. They want new laws passed to end the discrimination and persecution they have been facing for decades. But in the midst of these protests the gay community has not been asking a very important question. Should they really be demanding all these new laws to help them gain equality?
It seems outrageous to anybody with compassion for the homosexual community, but it is a valid question. Since the dawn of the civil rights movement, there has always been a push for new laws. Like the Civil Rights Act of 1965 for African Americans, every minority wants to have something similar that they can grasp onto and say that this is what grants them their equality. What is lost in the message is whether or not it's even necessary to further complicate the law by making new ones instead of enforcing the laws that already exist.
The law that allows homosexuals equal rights is already written into the constitution in the form of the 14th amendment. The law states as follows:
"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
This text is clear. Every person (not just heterosexuals, whites, rich people, etc.) has a right to life, liberty, and property. No person may be denied equal protection under the law. This isn't in some civil rights act. This is written into the United States Constitution. The matter isn't whether or not there is a law protecting the gay community. The matter is simply that it's not being properly enforced.
Laws like Don't Ask Don't Tell and Defense of Marriage Act are rendered unconstitutional in light of the 14th amendment. It would be so much easier for the gay community to use this sound, reasonable argument instead of pushing for a special law of their own. Getting a law for a specific group whether it be homosexuals, African Americans, or Native Americans only reinforces the notion that they are somehow different and need special treatment. That is not how a free society works. A free society operates by treating individuals and not groups, granting them equal protection under the law.
Discrimination and bigotry comes in when the executive functions of the government fail to enforce these laws. For decades, that is what has happened to the gay community. Before that, the same happened to the African American community. Police and law enforcement on many levels weren't doing their jobs and weren't held accountable. The justice system failed to act as they were constitutionally obligated to act. It is not the law that is at fault, but the people who are entrusted to enforce it.
If the gay community or any minority wishes to gain equal status, they must act not on the law but the people enforcing the law. The courts, the police, and the various institutions that enforce the law are the real culprits. By working within the law, they can have their rights without demanding special treatment. It is the special treatment that has so often caused conflict between opposing sides. On a purely symbollic level, having a law made specifically for a group helps generate solidarity for that group. But that solidarity comes at a price. It alienates others and galvanizes opponents, continuing an increasing cycle of resentment that keeps playing out in protests and in government.
For the homosexual community and every other minority, it is important to work within the law and not against it. The law is not the enemy and by making it out to be, they only hurt their cause. So for President Obama and the gay activists gathering in Washington, the focus should not be on change. It should be on long overdue justice. There does not need to be more laws stating the same thing. There only needs to be a push by reasonable people to enforce the laws that are within the spirit of America and the free society.