Marriage Equality and the Supreme Court: What to Make of it All!

 

            For two days this week, proponents and opponents of the rights of gays, lesbians and transgender Americans to be afforded the same marital protections that heterosexual couples enjoy, camped out in front of the United States Supreme Court in our nation’s capital to lend their voices and energy to their side of this most divisive argument. We saw the usual signs being carried, some by children who probably don’t really understand, but have been recruited by their parents and their community to evince intolerance or radical behavior, depending on which side you are on. We heard the talking heads all tell us how useless it is to predict how the court might rule, but they all did it anyway.

            I don’t want to get into the jurisprudential nitty-gritty on the possible outcomes because, quite frankly, I have no idea what the ruling might be and, as with the ruling on the Affordable Care Act, may be something unanticipated by the experts. What I really want to talk about is the tone and manner of the questions posed from the bench, and how they reveal a very deep cavern of woeful ignorance from some of the best educated men in the world. Moreover, why were the questions posed from the women Justices, as well as Justice Kennedy, much more representative of the reality of daily living for same-sex couples?

            First and foremost, is the manner in which, not only Justices Scalia and Alito, but Chief Justice Roberts as well, seemed to fear the newness of same-sex couples falling in love and wanting to get married. Talk about playing to the lowest common denominator! Homosexuality is nothing new. It’s even in the Bible. The only thing that is new about issues of homosexuality, is that in the 21^st century, most Americans have evolved out of their bigotry, which has been church and state sponsored for centuries. This institutionalized “otherness” is really what is at the core of this, as well as many other issues of our time.

            Justices Scalia and Alito expressed a dumbfoundedness regarding timing and history. When did this maliciously institutionalized discrimination become illegal? And what if this experiment doesn’t work out? And isn’t there research out there suggesting that being parented by homosexuals is bad for kids? This argument reminds me of the arguments against biracial marriages in the 1960’s, which went something like this:  We can’t let these people get married because their children will suffer at the hands of the empowered racists in our country. This argument clearly empowers oppressors and bigots, and excuses their malicious and unlawful conduct as a societal norm. I thought America was about empowering freedom, not state-sponsored hatred. Why are we always playing to the lowest common denominator, even in the face of an overwhelming national change of heart on this particular issue?

Justice Roberts seemed reluctant to see the plaintiffs as victims, and seemed to blame the pro-gay lobby for the fact that this case was even before him. Isn’t that kinda like saying to defendants Miranda or Gideon, “Well, you made it this far – all the way to the Supreme Court, so you obviously don’t need any 5^th or 6^th amendment protections because you have evidenced how empowered you are just by getting here. So go back to jail.”  What kind of judicial review is that? As I listened to these questions I was simply astounded at such profound ignorance in such a majestic setting! Which makes it all the more evident that we really need more women and ethnic minorities on every court in the land. I do not include Justice Thomas in the class of ethnic minorities, but more of an “honorary white” man, as that appears to be his desire.

            Justice Kennedy seemed to struggle with some of the same issues as his male counterparts, but asked questions about the children growing up in these families, showing his human side. Justice Kagan essentially proved the unconstitutionality of DOMA (The Defense of Marriage Act) directly from the bench by reading from a congressional report and revealing a clearly impermissible legislative intent. Justice Ginsberg’s “skim milk” marriage comment made it clear that she easily perceived the distinctions between a marriage that was fully recognized by the federal government and one that was not. Justice Sotomayor also evidenced a focus on the practicality of daily living, as well as a keen awareness of how the history of “otherness” plays out in our society.

            I don’t know what this court will do. It certainly has been full of surprises for everyone. I was hoping that Chief Justice Roberts was smart enough to see the handwriting on the wall, and seize this as his Earl Warren moment, when the then-Chief Justice showed us all how to make an about-face when it is appropriate, and just, to do so. But, alas, that does not appear likely.

            One thing we learned for sure is that old white conservative men, including Justice Thomas, don’t know what they don’t know.

Our New Pope: Reflections of a Catholic Taoist

 

            I have to admit that, as I watched the new pope, Francis I, addressing the crowd last night, I juggled a jumble of emotions – from anger to ecstasy to hope for a newer world. The anger stemmed from, not only the recent chaotic hypocrisy revealed by the child molestation scandals, but also from a life-time of wondering when the church might move past the 3^rd century and address the reality of spiritually parched Catholics all over the world in the 21^st century. We’ve been waiting for a long time.

            Like a lot of people I know, I grew up in a Catholic home and a largely Catholic community. I call myself a Catholic Taoist because, no matter how hard I try or how mad I get, I just can’t seem to tell myself that I’m not a Catholic anymore. Besides, some very nice nuns told me that the word “catholic” really just means universal. When I go to mass or observe Catholic Feast Days, it is because it feeds me inside somehow, and not out of any sense of obligation or duty. As a woman, it is really hard to support an institution that discounts me for no logical reason. Jesus never discounted women. He celebrated and honored us. But, I digress.

            The truth about my faith is that I cannot explain it to you because it is beyond definition, beyond what I can put into words or pictures, beyond fathom. It is a mystery, an unspoken blessing; a leap into the unknown and unknowable. For me, Taoism is the only place where my faith is allowed to be without limits, without prejudices, without need and without demands, other than those self-imposed as a measure the self-improvement and enlightenment which results from devotion and surrender to the Tao. I think whatever helps any individual to connect to the Spirit is a good thing. Catholicism, at some point, ceased to be an aid in communing with the Divine for me, and many others, I’m sure.

            So now we have what we might call, “a regular guy,” chosen to lead the world’s Catholics, Pope Francis I. While I hardly expect the ordination of women any time soon, there is something special about this man that signals possibilities for reform. He appears to be a true shepherd of the many, whose most powerful tool is the love of God. Particularly inspiring was the manner in which he asked the faithful to pray over him, and ask God’s blessing upon him. The powerful silence of the crowd in their communal prayer was heard around the world. This man distinguishes himself in announcing a new set of priorities: the poor, the sick; and all those who live without. Without food. Without shelter. Without love. Without even being noticed by most of us as we go about our busy lives.

            As I watched that spectacular sight, on a most historic night, I cried. I miss my mother a lot, and we would have been on the phone, if not in each other’s company, sharing this experience. But that wasn’t the only reason I was crying. I felt something stir within me. Was it my soul leaping for joy? Was it recognition of a kindred spirit? Or was it a whisper of a wind that brings a new age? A new era of enlightenment and understanding. Is that possible?

            Saint Francis has always been one of my favorite saints because of his love for animals and all those who have no voice in our busy world; the poor and dispossessed. I think it is significant that he chose this saint name; the first ever to do so. I think it is wonderful that we now have a pope from the new world, the Americas. The first Latino Pope ever! And a Jesuit! Wow! For a church that has done things the same way for centuries, this is new. I have known priests who don’t even consider the Jesuits real Catholics.

            Things are changing. Maybe not fast enough for me, but they are changing, and rapidly. There are many beautiful spirits about these days, encouraging us to find a new way to communicate, a new way to govern, a new way to live and a new way to love one another, as we are all in need of love and forgiveness. From Oprah’s Super Soul Sunday to Marianne Williamson’s Sister Giant movement, encouraging more women to, not only run for political office, but to bring their spirituality with them when they succeed, to Miguel Ruiz’s Toltec wisdom to Eckhart Tolle’s New Earth; the messengers are everywhere, championing compassion and respect for each other and for our earth, as we move forward each day, in creating the world that we so desperately want to see, the paradise of plenty that is waiting for us.

            So in this moment, the significance of a new focus on prioritizing, rather than demonizing “the other;” the stranger, the one who is not like us, the meek, who will one day inherit the earth, is truly a breath of fresh air. Could this pope be one of the messengers announcing that that day is upon us?

            This possibility turned my anger to ecstasy, and my ecstasy to hope. I hope. I hope.

Birds, Baseball and the Coming of Spring

by M. Irene Daniel

                Last week I became alarmed when I walked into my living room and there was a layer of soot all over the floor in front of our fireplace. We hadn’t had a fire for several days, and I could not figure out how all that soot got from the fireplace to the floor. I got out my vacuum cleaner and began to try to clean up the mess, and the more I cleaned, the more I realized that a film of grunge had settled on my entire living room. When I turned off my vacuum cleaner, I heard a noise rustling inside the chimney. It appears that some kind of varmint was trapped inside the chimney.

                I went on to other tasks, as I do have to work for a living; and when I returned to the living room some time later, I could see a pretty little bird that was now trapped inside the fireplace. I wondered if it could breathe okay with all that soot, but I also didn’t want to let it loose to fly around the house spreading more soot. Moreover, I wasn’t sure how my dog, Maggie, would react. So I called my husband and told him to hurry home after work to help me get this bird out of our fireplace.

                We were able to trap the bird in a large garbage bag. I held the bird, with its head outside of the bag, and went to let it out outside. It chirped a loud bird scream until I let it go outside my front door and watched it fly away.  It seemed none the worse for the wear of falling down my chimney.

                As I watched it fly away, I remembered how my mother so loved birds, and I felt an unfamiliar sense of freedom. I thought about how I was so like that bird these past few months. I too had fallen into a deep darkness that was blinding and suffocating. The more I struggled alone, the more I fretted and wore myself out. I also lashed out at times at those who tried to help me, for in my dark state, I could not recognize the assistance that was right before me. I too screamed when help arrived in the form of matters requiring my attention, my talent, my love; things that only I could offer to my family, friends and clients. And I too, am ready to fly out of the darkness and isolation of grief and despair.

                This time of year is usually pretty joyous for me. March Madness approaches, early spring blossoms smell sweet and defy winter with pretty flowers. And especially, Major League Baseball Spring Training comes to the Cactus League of Arizona. Spring training is one of the things I most missed when I moved to California, and I try to catch a couple of games every year when I visit home. Regular season games at Dodger Stadium are not the same at all.

                But this year, as the thrill of spring is at hand, with all the newness and freshness it brings, the first anniversary of my mother’s death approaches, and I am having a hard time feeling the wind beneath my wings. For now when I visit home, I can only visit a grave, instead of feeling my mother’s little arms wrap tightly around me, and I find it difficult to find happiness in the little joys and miracles of spring. I don’t even want to go to a spring training game. The thought of seeing the desert in all its beautiful glory, painting the desert with pastels and the bright yellow-green blooms of the Palo Verde trees, is somehow frightening now. My mother was alive last spring and now she is not, and I face the bittersweet experience of a new spring without her laughter and bright smile.

                And yet, I also know that it is time to let go. Let go of my mom. Let go of my grief. Let go of all of my despair and self-doubt. Let go, let go, let go!!

                And today there is new life in my back yard; and I watch squirrels steal fruit from my trees, and I hear the baby birds in their nests. My peach and plum trees are blossoming now. And soon my roses will be blooming again, and let’s not forget the sweet scent of the orange blossoms.  All of this beauty and new life is all around me and I cannot close myself off to it any longer. For to do so would certainly not honor my mother’s memory, and the memories of her joy in seeing the coming of spring. Sometimes I think that I can actually hear her voice telling me to let go now. Let go of death. Embrace life.