History Repeating Itself In The Ugliest Of Ways

Last week's Supreme Court ruling in the Obergefell v. Hodges case was barely out the door before the concerted effort to undermine and resist it got itself off and running. It was surely organized and ready to go well ahead of time. Consistent talking points don't spring up by themselves.

Nearly all the essential elements of the conservative resistance can be found in an editorial by John Yoo that ran in the Philadelphia Inquirer this past Sunday.

1. The Court has overstepped its bounds. This decision should have been left to legislative acts in the political process. Instead, five unelected elites in robes with jobs-for-life forced this on us! [And where else do people have jobs for life? The academy! And we already know that's bad!]

2. Our Founding Fathers didn't intend for the gays to have a right to marry! You are changing the definition of marriage and rights! [The Founding Father weren't big on marriage or rights for the blacks. But let's not talk about that.]

3. If the gays are so entitled to marriage as an equality thing, how come we still get to discriminate against them in other ways? Huh? Gotcha! Contradiction! You can't give them All The Equalities because then you'd have to give them to any "self-defined group"! It's not like the gays are a real thing. [And hurray! We can keep on discriminating against them in housing and employment, unless your locality unfortunately specifically prohibits it!]

4. Maybe society would have gone this way anyway, but that's society's choice. If society wants to give special rights to certain special interest groups, that's society's choice. Like abortion for women. Which the Court took out of the hands of The People in Roe v. Wade. And you see how well that worked out. Nobody was happy and there was a big backlash and everything got ruined instead of fixed all nice like it would have been if the Court had left everything alone. Sure, you can point to Brown v. Board of Education as a counterexample for how things work out just fine, but really, the Civil Rights Act of 1964 and the Voting Rights Act of 1965 - legislative acts in the political process - were far more important for racial equality which we totally have now.  [And by the way the Court was totally within bounds and right to gut the Voting Rights Act last year! Certain questions just can't be left to Congress!]

Well, thanks John Yoo for laying it all out for us.

You know, it's not like the Civil Rights Act and the Voting Rights Act had anything to do with Brown v. Board of Education. Or that it took any action of the courts subsequent to Brown to enforce its ruling.

You can read about the lasting effects of organized resistance to Brown in a book by Kristen Green, "Something Must Be Done About Prince Edward County." Never underestimate the power of a committed and organized group of bigots to keep an oppressed group down. Just as the white Virginians founded the Defenders of State Sovereignty and Individual Liberties, talking about rights and liberties to defend segregation, so today the American Renewal Project is hard at work dispensing rhetoric about rights and liberties of evangelical Christians to discriminate against same-sex couples seeking to marry. Or really anyone and anything they find disgusting and unholy. And even though nothing in Obergefell can be construed as forcing pastors to perform same-sex marriage ceremonies, legislators are busy passing laws to "project" them from the evil overreaching Court's heinous blasphemous abomination. These are cynical ploys designed to cater to the religious right and simultaneously whip up fear and frenzy in the populace at large, to keep them from realizing that, in fact, no one's marriage has been threatened, their religious liberties are quite safe, and the world did not end.

The editorials, the websites, the organizations defending America, the Presidential candidates explaining why county clerks don't have to obey the Supreme Court - it's a very well-organized effort to undermine Obergefell and resist the expansion of civil rights for LGBT people.

Comments are off for this post