Proposition 8 Officially Declared Unconstitutional
Polly Changala
Feminist Studies 80
Today,
February 7, 2012, the Supreme Court overturned the California gay marriage ban,
deeming it unconstitutional (Shahid 2012). The nationwide reaction to this
ruling has thus far been a triumphant rejoice for the homosexual community and
advocates for human rights. The nature of the subject and its coverage by
newsreels like the New York Daily News is demonstrating that the ruling and its
effects have yet to become widespread and the next step for the LGBT community
has not been decided (Shahid 2012). The Daily News outlines what has happened
regarding the address without speculating on further actions. This ruling
inspires the forward movements for human rights for homosexual Americans
despite a history of oppression.
The issue
of gay rights has been neglected for centuries in the United States or deemed
as a disease, sin or deviation from the “normal” society (D’Emilio 1983,
25-29). The misinterpretations and prejudices surrounding homosexuality have
made forward motion for gay rights limited or non-existent. Therefore, the
victory in this ruling represents a social change towards the population’s
acceptance. The findings on homosexuality in the 20th century often
reflect how misconstrued and limited society’s ideals of sex were. Such delusions
have been exacerbated throughout history by federal and state bodies that
support anti-gay laws and legislation. Such examples include the Comstock Laws
of the latter half of the 19th century (Rubin 1993, 2). These laws coupled homosexuality with
lewdness, indecency and sin and therefore promoted and extended the
misinformation regarding homosexuality.
Historical,
invisibility or rejection of homosexuality should not be a surprise according
to radical authors like Gayle Rubin (Rubin 1993, 2). Rubin argues that the
issue of sexuality is often handled depending on the political situation by
stating that “sex is always political” (Rubin 1993, 2). The interpretation of
sexuality and gender can be politically vital like the example stated by
Professor Hernandez in lecture. Sexuality was used as an ulterior excuse for
militaristic invasion in the Middle East by claiming that women were treated
unequally due to the “backwardness” of Islamic culture (Hernandez, Lecture,
2/1/12). This is just one current example of the distinction of sexuality towards
the ends of political gain. Such federal and widespread mandates have served to
not only to limit further discussion of the issue of homosexuality but also
forced many into an “effort to conceal what one so laboriously sought to
uncover often exacted a heavy emotional toll” (D’Emilio 1983, 28).
Under the historical circumstances
of the treatment of homosexuality, days like today seem tremendous not only for
the gay community but the betterment of disenfranchised groups globally. The treatment
of this declaration is being handled carefully as oppressed groups are aware of
the ability for politicians to misapprehend the success of liberty for some at
the greater determent for others. The power in the media’s presentation of
events has been felt by homosexuals in the past when the lack of airing the
existence homosexual groups and the oppressions they suffered from caused the
police and federal institutions to stunt the growth of homosexual liberties
(Rubin 1993, 3).
The situation presented by the New
York Daily News, provides evidence for a greater change in the media’s
interpretation of gay rights and the progress of civil liberties in general
(Shahid, 2012). As stated by D’Emilio, in the past, “Largely invisible and
still rudimentary, the gay subculture easily escaped detection” (1983, 29).
This method suggests the current greater unity of the gay community through
advanced methods of telecommunication. I believe that communication methods
like the internet and cell phone messaging have greatly expanded communities of
people who previously felt isolated. People are now able to find others like
themselves in various places in their own community, nation and world making
advancements for rights for various groups possible and officially probable.
Bibliography
Shahid, Aliyah.
"Prop. 8 ruled unconstitutional: What happens now?" nydailynews.com.
N.p., 7 Feb. 2012. Web. 7 Feb. 2012. <http://www.nydailynews.com/news/national/
prop-8-ruled-unconstitutional-article-1.1018624>.
Rubin, Gayle.
"Thinking Sex: Notes for a Radical Theory of the Politics of
Sexuality" from Social Perspectives in Gay and Lesbian Studies ed. Peter M
Nardi and Beth Schneider. 1993.
D’Emilio, John.
"Homosexuality and American Society: An Overview" from Sexual
Politics, Sexual, Communities in the United States 1940- 1970. Chicago, Ill:
University of Chicago Press, 1983.
Hernandez,
Ellie. "Fem Studies 80 Lecture: Wednesday, February 1, 2012." Girvetz
Hall. 1 Feb. 2012. Lecture.
This comment has been removed by the author.
ReplyDeleteI personally believe that the LGBTQ community has made progress since its inception; however, I personally feel that even though the LGBTQ community has won some battles in politics, it will be a struggle, but a worthwhile struggle, to have society in general be accepting of differences. I can't help but wonder why it took the Supreme Court so long to overrule and overturn the California gay marriage ban. Smith states, "A majority reason is that people are generally threatened about issues of sexuality, and for some the mere existence of homosexuals calls their sexuality/ heterosexuality into question" (Smith 1993, 78). I agree with Smith because sometimes people are afraid of accepting or realizing there are differences because they do not want to question their own sexuality.
ReplyDeleteAnother thing is that western society has created a stigma for all people who have encountered or acted upon a homosexual act or feeling. Almaguer states, "What may be called the "bisexual escape hatch" functions to ensure that the tenuous masculinity of Mexican men is not compromised through the homosexual act; they remain men, hombres, even though they participate in sexual behavior" (Almaguer 1998, 114-115). In the United States whether a man plays either the "active" or "passive" role, he is stigmatized for being homosexual; however, in Mexico, men who are active retain their masculine identity, whereas the passive men are stripped of their masculinity and imposed femininity characteristics (Almaguer 1998). For western society, especially in the United States, to become more accepting of differences is to deteriorate the stigma that has plagued LGBTQ men, and accept everyone as equal human beings.
Works Cited
Almaguer “Chicano Men: A Cartography of Homosexual; Identity and Behavior” in Social Perspectives in Gay and Lesbian Studies ed. Peter M Nardi and Beth Schneider, 1998. Print
Smith, Barbara. "Homophobia: Why Bring It Up?" The Lesbian and Gay Studies Reader. ed Henry Ablelove. New York & London: Routledge, 1993. Print.
I must say, I am more than excited that the topic of gay marriage came up within this blog project because I think it can trigger a much deeper level of conversation if the right points are brought to light. Highlighting the overturn of Prop 8 here in California as a victory is without a doubt an important side to the story. However, there is a second argument to be made, which is the queer argument against gay marriage. It’s quite obvious that in present day times, the argument against gay marriage has been drowned out by the demand for equality, but that is not to say that this argument isn’t important to consider. A group of gay activists forming the Against Equality collective have banned together in the writing of a pocketbook titled “Against Equality: Queer Critiques of Gay Marriage.” Activists such as Kate Bornstein, who spoke here at UCSB just last year, feel as though the battle for gay marriage as taken center stage when there are other issues that should be more readily addressed. Likewise, other activists feel as though fighting for gay marriage places queers under the category of assimilation. In these instances, marriage is seen as an oppressive institution placed on society by heteronormative ideals, which can be related back to Adrienne Rich’s argument against compulsory heterosexuality. The compulsory part is key, in the sense that marriage is something that is expected of “normal” people, in the same way that heterosexuality is expected of “normal” people. I want to end this comment by saying I’m not actually anti-gay marriage, this is just food for thought.
ReplyDeleteRich, A. (1980). Compulsory Heterosexuality and Lesbian Existence. Journal of Women’s History, 2003. 15 (3) , 11-48.
I am so excited that prop 8 has finally been overturned by the Supreme Court. I would have to agree that it is unconstitutional, and it was about time this was finally realized by others. I do not believe that it is fair to tell someone who you can and cannot marry. If you are in love with someone, why should others who are not involved in the relationship care or even be able to have a say in who can marry and who cannot? Who am I to tell someone who they can or cannot marry? Gay rights have come a long way over the years, and I am so happy that the LGBTQ community is no longer seen as “diseased” or “disturbed”. Although this is a big victory for the LGBTQ community, it does not mean that their problems will be gone from now on. The legalization of gay marriage is in my opinion the next important large step, but there are other issues that still need to be faced. For example, activist Rea Carey gave a speech at the Creating Change Conference. In it she addressed the fact that although gay marriage is an important right the LGBTQ community must fight for, the fighting will not be over once gay marriage is legalized. The LGBTQ community still faces discrimination in many other aspects of their lives and those issues need to be addressed as well. Overall, it is a big step for the LGBTQ community, and I am excited to see what comes next.
ReplyDeleteVillarreal, Daniel. "Rea Carey at Creating Change: "We Are Not A Single-Issue Movement" - Poliglot." Metro Weekly: Gay DC News Magazine - Washington D.C. News, Pictures, Arts, Entertainment Lesbian, Bi, Transgender, Gay Newspaper. N.p., n.d. Web. 6 Feb. 2012. .
Great post, Polly!
ReplyDeleteIn addition to greater visibility, the overturning of prop 8 marks the initiation of social change brought about as the result of changes in legislation. Political rulings influence social attitudes just as much as social attitudes influence political rulings. This was evident during the time surrounding the lift on the interracial marriage ban. Like the LGBT population, blacks have been persistently discriminated against and have had to fight for the right to get married without restrictions. In 1967, the interracial marriage ban was finally lifted (Barnshaw and Letukas 83). Prior to the lift on the interracial marriage ban, when asked if they support interracial marriage, many Americans claimed that they did not. Interestingly, after the ban was lifted, support for interracial marriage dramatically increased. Even if it’s not a conscious thought process, on some level they feel that if it’s illegal, there must be something very wrong about it. Once interracial marriage was no longer illegal, a major contributor to the perpetuation of racism was lost and a large portion of society no longer viewed interracial marriage as immoral. I predict the same trajectory for attitudes toward same-sex marriage. Like you said, this ruling represents a social change, and I believe it has opened the door for even greater change. Once same-sex marriage becomes legal, society will become more accepting. It won’t happen immediately, but it will happen. The overturning of prop 8 is an important step towards acceptance and the end of discrimination.