McShane said it does not surprise him that many would seek to protect the traditional definition of marriage. “But just as the Constitution protects the expression of these moral viewpoints, it equally protects the minority from being diminished by them,” he wrote…. “I believe that if we can look for a moment past gender and sexuality, we can see in these plaintiffs nothing more or less than our own families. Families who we would expect our Constitution to protect, if not exalt, in equal measure. With discernment we see not shadows lurking in closets or the stereotypes of what was once believed; rather we see families committed to the common purpose of love, devotion, and service to the greater community.”
Rare is the day when Oregon is the lead story from coast to coast. Yesterday was one of those rare days, and for a wonderful reason. Oregon’s ban on same-sex marriage was struck down by Federal Judge Michael McShane, and thus one more brick was removed from the way separating the LGBT community from full equality. The decision came as no surprise; there was no one left with legal standing to argue for keeping the ban in place.
The results were immediate. Multnomah County issued close to 100 marriage licenses yesterday afternoon, and the Melody Ballroom in SE Portland instantly became marriage central, promising to stay open as long as their were couples wanting to marry. A decade after Multnomah County first issued marriage licenses, only to see Oregon voters pass a ban on same-sex marriage, marriage equality has become a reality.
McShane’s written decision was extraordinarily personal, understandable given that he’s one of only nine openly gay judges on the federal bench. McShane’s sexuality was what the National Organization for Marriage alleged should have disqualified him from deciding the case, as if only heterosexuals are capable of impartially ruling on cases involved the rights of homosexuals. It was clear from the language of McShane’s decision that the import and personal nature of the case wasn’t lost on him. Nor was the fact that there’s simply no moral or legal basis for denying homosexuals a basic right heterosexuals take for granted.
Within a matter of years, Oregonians will barely think twice about the thing they celebrate so enthusiastically today. That in itself is worth celebrating. As for the couples who’ve rushed to tie the knot, they can expect their children and grandchildren to ask them two questions, with increasing incredulity: Why did you do it on a Monday, and why couldn’t you before?
Someday we’ll look back on the fight for marriage equality and wonder what the fuss was about. With the passage of time, the “controversy” will make even less sense, and we’ll wonder why so many were so concerned with whom and how others love. Looking back half a century at the civil rights movement, it all seems rather silly and impotent. Treating people like second class citizens based solely on the color of their skin? Seems pretty ridiculous, doesn’t it?
Marriage equality is today’s civil rights struggle. As with the fight to allow African-Americans full partnership in the American experience, so we’re fighting to allow everyone, regardless of sexual preference, the right to make a publicly recognized commitment to the person they love. As Martin Luther King, Jr. once said, the moral arc of history is long, and it bends toward justice. Yesterday, that arc inched a bit closer to justice…but it’s not over yet.
Love won another battle yesterday. The fight will continues, because there are still places where the state controls who a person marries. The moral force of history is on the side of love, and eventually those who hate and discriminate will lose and look ridiculous in doing so. I hope that day will be soon.
