A conservative commenter here at AWOP (one who uses his brain a little more than most) had this to say on my last post, which had something to do with same sex marriage:
The point is that everyone is equal in the eyes of the law; bigotry and intolerance cannot be condoned on either end of the spectrum. To the extent that the state has any interest in proclaiming two people as married (another thorny subject) the state cannot discriminate as to whom you wish to marry, obvious exclusions excepted (siblings, cousins, parents).
Nice sentiment. Too bad it’s bullshit. He’s right, of course, in theory. But we don’t live in theory. We live in practice. Here’s my response:
But if we were all equal in the eyes of the law, there wouldn’t be a DOMA or a DADT and there would be an ENDA. If we were all equal in the eyes of the law, then the insurance commissioner in my state wouldn’t have fought tooth and nail to forbid insurance companies from insuring same-sex partners (he eventually lost, although the decision had nothing to do with equality under law). If we were all equal under the law, there would have been no Prop 8.
Of course, that argument that “we’re all equal under the law” destroys the conservative argument that “activist” judges shouldn’t be deciding if we queers can be protected from discrimination, like, for example, saying that under the law, the government can’t forbid same sex marriage. The courts are exactly the place for those kind of decisions, not in the legislature and certainly not by ballot initiative — if we are all equal under the law, then you cannot write a law to take away rights. Right?
And that’s why there are non-discrimination laws protecting us, because there seems to be this unwritten exception clause that excludes certain people from that equality thing.