SCOTUS made one of their periodic announcements of the schedule of arguments for upcoming cases for which they had granted a hearing, and I could not help but hear God laughing in the background. Let me draw your attention to this portion of the announcement, via SCOTUSblog:
Tuesday, March 26:
12-144 – Hollingsworth v. Perry – constitutionality of California’s “Proposition 8″ ban on same-sex marriage; also, question of standing to appeal
Wednesday, March 27:
12-307 — United States v. Windsor – constitutionality of Section 3 of the federal Defense of Marriage Act’s benefits limited to married opposite-sex couples; also, question of standing for U.S. government and for House GOP leaders to appeal the case
The laughter I hear comes from looking at the calendar.
On March 26th, Ginsberg, Breyer, and Kagan (the three Jewish members of SCOTUS) will be hearing about the injustices levied by the state against gays and lesbians on the first day of Passover — an eight day commemoration in the Jewish calendar of the liberation of the ancient Israelites from slavery in Egypt. For Jews, the repetition of Moses’ cry “let my people go!” figures prominently in the Passover story, as God’s spokesman went to Pharaoh again and again to demand freedom from slavery and oppression.
Given what LGBTs have endured at the hands of the modern state, “Let my people wed!” has a nice contemporary ring to it.
And then there are the Catholics . . .
For Roberts, Scalia, Thomas, Alito, Kennedy, and Sotomayor — the six Roman Catholics — these two days of arguments take place between Palm Sunday and Easter. It’s Holy Week, when Western Christians recall Jesus and his entry into Jerusalem to the cheers of the crowd, his betrayal and arrest on trumped up charges, his show-trial and execution at the hands of the state with the blessing of the religious authorities, and his resurrection. For Christians, Holy Week is the commemoration of a perversion of justice, set right by a divine veto.
Given how justice has been denied to LGBTs in ways great and small by the enactment of DOMA, it strikes me as divinely ironic that the Bipartisan Legal Advisory Group of the United States House of Representatives will be defending injustice during a week when Catholics and other Christians are in the midst of remembering the injustices perpetrated by Pilate, Herod, and Caiaphas as they tried — unsuccessfully — to preserve their own power.
I fully expect to hear more from the US Conference of Catholic Bishops on this, in the same illogical vein as Chicago’s Roman Catholic Cardinal Francis George’s recent missive. (The best reply I’ve seen to it is from Neil Steinberg in the Chicago Sun-Times.) But using this style of argument during Holy Week will make Cardinal George sound like Caiaphas, not Christ, and I don’t think BLAG will have any more success than did Pilate or Herod.
Back in 2008, five sad days after Prop 8 was approved by California voters, I had the pleasure of hosting an FDL Book Salon chat with Mitchell Gold, discussing his book Crisis: 40 Stories Revealing the Personal, Social, and Religious Pain and Trauma of Growing up Gay in America. As I wrote in the set-up piece, these are stories of pain, power, struggles, partnership, and surprises (both nasty and wonderful). But discussing this book just after Prop 8 was enacted really altered the discussion:
In my head, I actually had two posts ready for this Book Salon, depending upon the results of the Proposition 8 vote in California. If “No on 8″ had prevailed, we could talk about how wonderful it is that the largest state in the US had taken a stand in favor of civil rights and fuller acceptance of gays, lesbians, bisexuals, and transgendered people. We could talk about the positive message that this would send to anyone who is GLBT or who loves someone who is. That post, sadly, will have to wait for another day.
But that day is coming — make no mistake about that — just not as soon as we’d like.
And the young gay people in the Altoona, Pennsylvanias and the Richmond, Minnesotas who are coming out and hear Anita Bryant in television and her story. The only thing they have to look forward to is hope. And you have to give them hope. Hope for a better world, hope for a better tomorrow, hope for a better place to come to if the pressures at home are too great. Hope that all will be all right. Without hope, not only gays, but the blacks, the seniors, the handicapped, the us’es, the us’es will give up. And if you help elect to the central committee and other offices, more gay people, that gives a green light to all who feel disenfranchised, a green light to move forward. It means hope to a nation that has given up, because if a gay person makes it, the doors are open to everyone.
Hope. By the end of the book, that this what these stories are finally about. Hope that life can be better for all of us, and that pain and trauma are not the last words for any of us, regardless of our own sexual orientations or the orientations of those we love.
I truly believe that day of justice and hope is getting closer.
Some might call the connection between the SCOTUS calendar and the Jewish and Christian religious calendars a mere coincidence, but being a pastor, I can’t help but see a little divine humor at work. As BLAG will soon find out, trying to make arguments in defense of injustice during two powerful religious commemorations of justice is hard to do.
“Injustice anywhere is a threat to justice everywhere,” said the Rev. Martin Luther King, Jr., and let all the courts say “Amen!”
No, I’m not suggesting religious appeals have any place in the secular legal discussions at the heart of this case. But that doesn’t keep folks like the USCCB or the evangelical fundamentalists from making them, and I’d like to give these religious appeals a little theological attention before they really start cranking up.
Photo by torbakhopper under Creative Commons license