Adam Sunny Flanders

This is an update from my last post about the DOMA and Prop 8 cases. It was just announced that the 9th Circuit Court lifted the stay on the ruling and same-sex couples in California can now get married again! This comes as welcome and exciting news to many of us who believed it would be at least a month or so until marriages could resume in California.

Also, only hours after the DOMA ruling, California Senator Diane Feinstein reintroduced the Respect for Marriage Act (RMA) into the Senate with 40 co-sponsors. The same bill was simultaneously introduced into the House of Representatives with 160 cosponsors. The RMA is a bill that would completely overturn DOMA. The recent Supreme Court ruling only struck down section 3 of DOMA, meaning the federal government now recognizes same-sex marriages performed in states where it is legal. However, section 2 of DOMA, which allows non-equality states to continue to refuse to recognize same-sex marriages performed in other states, still stands. RMA would eliminate that and same-sex marriage would effectively exist in every state in the US. That is, although every state would have to recognize same-sex marriages, not every state would perform such marriages for the time being, assuming the passage of RMA.

To clarify, prior to the DOMA ruling, a same-sex couple could get married in Maine, for example. Their marriage would only be recognized in Maine and the other states that recognize same-sex marriage. Following the DOMA ruling, the federal government now recognizes such a same-sex marriage performed in Maine and other equality states, which brings with it numerous federal benefits such as tax advantages. If RMA passes and DOMA is completely eliminated, then such a same-sex marriage in Maine should be legally recognized in every state, even states like Texas and Mississippi. Again, those states would still not perform same-sex marriages, but theoretically a resident of a non-equality state could simply get married in an equality state like Maine and then return to their home state and have full marriage recognition. Even if RMA fails in the House, it’s very likely a same-sex couple will soon sue a non-equality state for recognition of their marriage performed in an equality state. This would essentially follow in the footsteps of interracial marriage (see Loving v. Virginia (1967)) and it’s apparent from the court’s DOMA ruling that they would easily find section 2 of DOMA to likewise be unconstitutional.

Spring is here and the weather is so nice. I’ve already been out shooting (archery) and rollerblading. I’ve been working really hard to save up for a new car – almost there! I’ve also been conducting some of my own experiments with plants, mostly tissue culture. I’ll publish results when I have something interesting. Still working on Pom Rush, the iPhone game I’m developing. It’s about two-thirds complete. I’m working on making it more difficult, but all the levels and characters are finished. That’s all I’m saying for now. I think I’ll have it ready and for sale in the App Store sometime this Summer.

This Summer is going to be exciting in the world of gay rights. As many of you know, Rhode Island just became the 10th state to legalize same-sex marriage. It also means that every state in New England has marriage equality! France also recently passed it, making 11 countries that fully embrace equality. It will not be long before the entire US recognizes same-sex marriage. Next month the Supreme Court will hand down rulings on DOMA and Prop 8, both of which are expected to favor equality. I predict Prop 8 will finally be overturned, adding California to the states where gay couples can wed. I believe that parts of DOMA will also be struck down, paving the way for Federal recognition of same-sex marriages and establishing significant precedent that will qualify sexual orientation for “heightened scrutiny” (protected classification along with race, religion, gender, etc.). Once DOMA is out of the way, same-sex marriage will be free to follow in the footsteps of interracial marriage, specifically Loving v. Virginia – there will be nothing to prevent a same-sex couples married in an equality state, such as Maine, from moving to another state such as Florida, and suing that state for marital recognition. At that point it’s a fast track to national recognition in every state. For now, but probably not much longer, DOMA is the only thing standing in our way.

The majority of Americans who support marriage equality continues to climb in number and organizations that previously objected to equality, such as the Boy Scouts, are now reconsidering their position. Even the Republican Party seems to be shifting its stance on several social issues including same-sex marriage. I don’t think anything can stop our momentum 😀

This is why I love Madonna. She’s always been my favorite. She spoke at the GLAAD awards, dressed in a Boy Scout uniform, and called on the BSA to end their discriminatory practices. She presents an award to Anderson Cooper, who recently came out on national TV. She gives a very good speech about the national and international state of prejudice against LGBT people, bullying, and how we cannot accept this as we move forward. She points out that homophobia is no different than a white man hanging a black man before the civil rights movement, or the Taliban shooting a young girl in the head because she blogged about equal education for girls. I totally agree. Homophobia is no different than racism or sexism or any of the past prejudices which have come to fall from popular discourse. Homophobia is on its way out. Please read my February 6th blog about how I used to be a Boy Scout and call on the BSA to end discrimination against LGBT youth, as well as my work in civil rights.

“I don’t know about you, but I can’t take this shit anymore. And that is why I want to start a revolution.”
~Madonna

Madonna Calls on Boy Scouts to Lift Ban on Gays

“Every American boy shall have the opportunity of becoming a good scout.”
~Boy Scouts of America, Handbook for Boys, 1911

I was disappointed with the Boy Scouts today. They were supposed to make a decision regarding their organization-wide ban on gay scout members. Instead, that decision has been deferred to May.

The Boy Scouts are feeling heat from both perspectives on this issue, that is if the side of discrimination and bigotry can be called a perspective (more like a delusion). A number of religious organizations, including the Maine Christian Civic League, have signed a statement encouraging the Boy Scouts to “stay morally straight.” That statement also includes a threat to end their support, including financial support, to the Scouts, if they change their policy.

The topic is not merely a matter of liberal views vs. fundamentalist delusions. Our country is moving in a direction of civil rights and there is no turning back now, anymore than we would turn back and reinstitute racial segregation. Those opposed to basic equality for gay and lesbian individuals, which, for now, includes the Boy Scouts of America, are on the wrong side of history. The direction we are moving in is obvious. DOMA was overturned, more and more states continue to legalize same-sex marriage on the heels of high court rulings in favor of equality, and in every walk of life gay and lesbian people are becoming more accepted. A majority of Americans now support marriage equality and Maine recently became the first state to legalize marriage equality by popular vote. This is the first time in history we’ve had a president who openly affirms equal rights for us.

When I was in high school (Class of 2005) I was harassed and bullied on a daily basis for being gay. Several students and even some teachers regularly did whatever they could to make me feel unwelcome and down about how I was born. It got so bad that I attempted suicide and had to transfer to another high school. When I sued the school district, their attorney said, “Yes, we did all those things, but they weren’t illegal at the time.” In 2005 I told my story to Maine’s legislature and helped pass the anti-discrimination bill that makes it illegal to discriminate based on sexual orientation or gender identity in education, employment, housing, credit, and public accommodation. Now less than a decade later, my little sister attends the same high school and reports that there are several openly gay students who are accepted and that the homophobic bullies are in the minority and remain silent, as they should.

Whether or not it is the right way to make this decision, the Boy Scouts will likely choose a course of action based on finances. Membership has drastically reduced over the years and a large number of major companies have already terminated their funding to the Scouts due to the Scout’s anti-gay policy. Such companies include Intel, Emerson, Verizon, 3M, Bank of America, Wells Fargo, Pfizer, Valero, UPS, U.S. Bank, Eli Lilly and Co., GE, Monsanto, Medtronic, PNC, Nationwide, Abbott, General Mills, Alcoa, Caterpillar, Illinois Tool Works, Allstate and Dow Chemical. In any case, if the Scouts uphold their current policy, they will become increasingly outmoded and unpopular to the point of no longer being able to maintain their existence.

As was true with the US Military prior to the end of Don’t Ask, Don’t Tell, gay scouts and leaders are already present in troops across America. I know this because I was a Boy Scout for several years. I did all the things that you might expect in scouting and it was a very good experience for me. Among other things, I participated in box car racing, skeet shooting, camping, wood carving, and a number of other activities that no boy should be denied just because of how he was born. It is worth pointing out that the Girl Scouts do not ban lesbian leaders or scouts from their troops.

I hope that come this May, the Scouts will make the right decision and end their discriminatory policy. Opponents of equality still have a voice and are putting all their efforts on trying to maintain the last remnants of homophobia in our society. They know they are quickly becoming irrelevant and that their message is rapidly losing support in modern America. When such groups become trivial hate factions and go the way of the KKK and Neo-Nazis, I really hope the Scouts are not in the same boat. Whatever decision they make this May, there will be unhappy people and the Boy Scouts will have to follow their own motto – Be Prepared.