October 31st, 2013
Justice Scalia once famously said that “a tax on yarmulkes is a tax on Jews”, the idea being that one cannot hide behind the technicality of a law ‘applying to everyone’ when the actuality is that the law is designed to impact only one demographic.
And though Scalia refuses to see it, he provided the clearest legal parable as to why it is that laws designed to impact only gay citizens – though couched as ‘applying to everyone’ – violate the US Constitution.
Although several conservative politicians have tried to claim that their state’s sodomy laws are still valid using the argument that they applied to both gay and straight people, these have never gotten any legal traction. When Ken Cuccinelli, the Virginia Attorney General (and GOP gubernatorial candidate), tried to argue for reinstatement of that state’s sodomy laws by bringing a case involving oral sex with an opposite-sex minor, the US Supreme Court didn’t even grant certiorari.
Nevertheless, those who oppose equality for gay people often tie themselves up in logic pretzels, seeking a way to simultaneously disadvantage gay citizens while still convincing themselves that they are applying rules equally and fairly. And one of their favorite tactics is to make one unequal law – fully justified in this one instance by tradition and religious freedom and social need and, especially, ‘think of the children’ – and to then use that inequality as justification for the next. It’s what I call gay yarmulke logic.
The current iteration of the gay yarmulke is marriage (having replaced “homosexual acts”). Those who oppose equality aren’t anti-gay, you see, just anti-gay marriage. And, of course, the next inequality is justified by marriage inequality.
The latest example comes to us from the State of Missouri.
On Christmas Day 2009, Missouri State Trooper, Corporal Dennis Engelhard was hit and killed in the line of duty when a car hit an icy patch and veered out of control. He left behind his partner of 15 years, Kelly Glossip, and Kelly’s son who they were jointly raising.
The Police and Fireman’s Fund held a fundraiser for the parents, at which they ignored Engelhard’s spouse and child. The State Troopers issued an obituary stating that Engelhard was ‘single’ and the Governor asked people to pray for his family, who who “lost a beloved son and brother.”
And, naturally, claiming that Glossip was just “a boyfriend”, the state refused to provide him with the survivor benefits to which any spouse is entitled and which are intended to help the family go on after an officer is killed.
Glossip sued. And today the Missouri Supreme Court ruled that Glossip had no rights. Not because of his orientation, oh no of course not, but because of the gay yarmulke, marriage laws. Although they had exchanged rings, they weren’t a family. (OzarksFirst)
Glossip argued that the law was discriminatory because Missouri state law also forbids same-sex marriage. He also claims it is an unconstitutional special law.
The court rejected these claims.
In a 5-2 opinion, the court ruled that the law Glossip was challenging discriminated on the basis of marriage, not sexual orientation.
“Glossip was denied ssurvivor benefits because he and the patrolman were not married, not because of his sexual orientation,” the ruling document stated. “If Glossip and the patrolman had been of different sexes, Glossip would have still been denied benefits no matter how long or close their relationship had been. The result cannot be any different here simply because Glossip and the patrolman were of the same sex. The statute discriminates solely on the basis of marital status, not sexual orientation.”
They weren’t discriminating against gay people, you see, just people of the same sex being spouses. They also oppose heterosexual people of the same sex being spouses. Just like they would tax Lutherans for wearing yarmulkes.
But while these cases frustrate me, they are our key to equality. These examples of discrimination are so blatant, so intuitively unfair, that they win not only our legal arguments but the hearts of the public.
What the State of Missouri did to not just Kelly Glossip but to Dennis Engelhard, who gave his life for the state, is so cruel that it shames decent people. And the gay yarmulke argument is so obscene that it is inconceivable that it could hold up to an inspection by the US Supreme Court.
It is through cases like this one that marriage equality will finally be achieved.
In this original BTB Investigation, we unveil the tragic story of Kirk Murphy, a four-year-old boy who was treated for “cross-gender disturbance” in 1970 by a young grad student by the name of George Rekers. This story is a stark reminder that there are severe and damaging consequences when therapists try to ensure that boys will be boys.
When we first reported on three American anti-gay activists traveling to Kampala for a three-day conference, we had no idea that it would be the first report of a long string of events leading to a proposal to institute the death penalty for LGBT people. But that is exactly what happened. In this report, we review our collection of more than 500 posts to tell the story of one nation’s embrace of hatred toward gay people. This report will be updated continuously as events continue to unfold. Check here for the latest updates.
In 2005, the Southern Poverty Law Center wrote that “[Paul] Cameron’s ‘science’ echoes Nazi Germany.” What the SPLC didn”t know was Cameron doesn’t just “echo” Nazi Germany. He quoted extensively from one of the Final Solution’s architects. This puts his fascination with quarantines, mandatory tattoos, and extermination being a “plausible idea” in a whole new and deeply disturbing light.
On February 10, I attended an all-day “Love Won Out” ex-gay conference in Phoenix, put on by Focus on the Family and Exodus International. In this series of reports, I talk about what I learned there: the people who go to these conferences, the things that they hear, and what this all means for them, their families and for the rest of us.
Prologue: Why I Went To “Love Won Out”
Part 1: What’s Love Got To Do With It?
Part 2: Parents Struggle With “No Exceptions”
Part 3: A Whole New Dialect
Part 4: It Depends On How The Meaning of the Word "Change" Changes
Part 5: A Candid Explanation For "Change"
Using the same research methods employed by most anti-gay political pressure groups, we examine the statistics and the case studies that dispel many of the myths about heterosexuality. Download your copy today!
And don‘t miss our companion report, How To Write An Anti-Gay Tract In Fifteen Easy Steps.
Anti-gay activists often charge that gay men and women pose a threat to children. In this report, we explore the supposed connection between homosexuality and child sexual abuse, the conclusions reached by the most knowledgeable professionals in the field, and how anti-gay activists continue to ignore their findings. This has tremendous consequences, not just for gay men and women, but more importantly for the safety of all our children.
Anti-gay activists often cite the “Dutch Study” to claim that gay unions last only about 1½ years and that the these men have an average of eight additional partners per year outside of their steady relationship. In this report, we will take you step by step into the study to see whether the claims are true.
Tony Perkins’ Family Research Council submitted an Amicus Brief to the Maryland Court of Appeals as that court prepared to consider the issue of gay marriage. We examine just one small section of that brief to reveal the junk science and fraudulent claims of the Family “Research” Council.
The FBI’s annual Hate Crime Statistics aren’t as complete as they ought to be, and their report for 2004 was no exception. In fact, their most recent report has quite a few glaring holes. Holes big enough for Daniel Fetty to fall through.