Yesterday was an extraordinary day and I want to honor it for the light it brought into our lives--light that we cannot always see.
At first sight, there seems to be nothing that links these two events. What connection could there possibly be between a Supreme Court decision on same-sex marriage and a funeral oration by the President after a senseless massacre?
But after reading Justice Kennedy’s majority opinion in the Obergefel v Hodges case and then reading President Obama’s eulogy for the Reverend/Senator Clementa Pinkney, I was struck by the words that each of them had employed to explain a fundamental truth: we do not always see the light or, perhaps, do not want to see the light. Let me explain.
SUPREME COURT OF THE UNITED STATES
_________________
Nos. 14–556, 14-562, 14-571 and 14–574 _________________
JAMES OBERGEFELL, ET AL., PETITIONERS 14–556 v.
RICHARD HODGES, DIRECTOR, OHIO DEPARTMENT OF HEALTH, ET AL.;
_________________
Nos. 14–556, 14-562, 14-571 and 14–574 _________________
JAMES OBERGEFELL, ET AL., PETITIONERS 14–556 v.
RICHARD HODGES, DIRECTOR, OHIO DEPARTMENT OF HEALTH, ET AL.;
I know that only a few of you are lawyers; and that even lawyers will not be terribly excited to read a Supreme Court decision on a wet, gloomy Saturday morning. At least browse through Justice Kennedy’s majority legal opinion in the Obergefell v. Hodges case. It is highly readable and, in parts, almost lyrical, much to the despair (legal) of the Chief Justice and the disgust (political) of Justices Scalia, Thomas and Alito.
There are many passages in Justice Kennedy’s opinion that explain, in down to earth language, how the concept and definition of marriage have evolved over the centuries and have changed even in our own lifetimes. The decision yesterday is but another step in that evolution, providing a more inclusive definition of marriage that respects the Constitution as a living document that can guide successive generations. Here’s the link:
http://www.supremecourt.gov/opinions/14pdf/14-556_3204.pdf
I will only quote one sentence that Justice Kennedy wrote in his opinion because I think it is at the crux of his decision:
“The nature of injustice is that we may not always see it in our own time”.
That is so true. It is much easier to look back into the past and express amazement that marriages were once “arranged” with only political, religious or financial concerns in mind; that marriage was denied to inter-racial couples; that women were not treated with dignity, or seen as equals or given full property rights in earlier “versions” (my word) of marriage. Those were the “bad old days” we like to say.
We should pause though and remember that the exclusion of same-sex couples from the institution of marriage was not seen as an “injustice” for most of our lives. It was staring us in the face but we did not see the light.
President Obama also struck a somewhat similar note, but in a very different context, when he said:
“For too long we’ve been blind to the way injustices of the past continue to shape the present. Perhaps we see that now.”
At another point he said that God had visited grace upon us "for he has allowed us to see where we have been blind.”
Naturally, the President was talking in the context of the institution of slavery, the Jim Crow days, and the terrible oppression of the African American community as a whole. That systemic oppression had to be defeated by an unarmed people who pushed back against their oppressors with peaceful demonstrations and uncommon restraint. Those “bad old days” are supposed to be gone; but we all know that they are not.
In a thousand different ways, the darkness of the past is still haunting all of us and we ourselves are shutting out the light or refusing to see the light. Can that massacre in Charleston be tolerated? Can the senseless killing of welcoming churchgoers in their own church not be the event that rocks and shocks this country into actually DOING something about the systemic and institutional roots of racism. And is it impossible for a majority of decent people in this country--and they are the majority--to demand that this foul hatred that is so commonly on display and its rabid sponsors and enablers be brought to account? President Obama has come as close as he dares, as the President of all Americans, to saying ENOUGH.
The dangers of moral “blindness” and our unwillingness to face up to obvious truths about the injustices in our society today, seem to underpin both the Supreme Court decision and President Obama’s eulogy. That’s what makes them so powerful. They are about seeing the light, a word that for me reflects the essence of truth.
Whatever conflicting views there may be out there on same-sex marriage, Confederate flags or gun violence, I have absolutely no doubt that both the Supreme Court and President Obama came down on the right side of history yesterday. And history will remember that day. The only question is, will we?
Abject apologies to the author, Anthony Doerr, for my appropriation of the title from his superb novel “All the Light We Cannot See” for this blog. His book concerns the Second World War, a blind French girl and a young German soldier who are remorselessly drawn towards each other. The title of his book (which also deals with physical and moral blindness) encapsulates, in a very few words, everything that needs to be said about the Supreme Court decision and President Obama’s eulogy. Maybe Mr. Doerr will forgive me if he knows I am plugging his marvelous book!
One last word. Have a look at a very recent article from the NYT’s “The Upshot” which looks at the way in which the country usually moves together on big rights-based issues such as same-sex marriage and civil rights issues; but is much more divided and polarized on non-rights issues such as gun control, abortion and legalization of drugs (even though these are sometimes portrayed as “rights” issues by their supporters).
http://www.nytimes.com/2015/06/30/upshot/why-gun-control-and-abortion-are-different-from-gay-marriage.html?hp&action=click&pgtype=Homepage&module=second-column-region®ion=top-news&WT.nav=top-news&abt=0002&abg=0
http://www.supremecourt.gov/opinions/14pdf/14-556_3204.pdf
I will only quote one sentence that Justice Kennedy wrote in his opinion because I think it is at the crux of his decision:
“The nature of injustice is that we may not always see it in our own time”.
That is so true. It is much easier to look back into the past and express amazement that marriages were once “arranged” with only political, religious or financial concerns in mind; that marriage was denied to inter-racial couples; that women were not treated with dignity, or seen as equals or given full property rights in earlier “versions” (my word) of marriage. Those were the “bad old days” we like to say.
We should pause though and remember that the exclusion of same-sex couples from the institution of marriage was not seen as an “injustice” for most of our lives. It was staring us in the face but we did not see the light.
Courtesy Monica Almeida/NYT
President Obama also struck a somewhat similar note, but in a very different context, when he said:
“For too long we’ve been blind to the way injustices of the past continue to shape the present. Perhaps we see that now.”
At another point he said that God had visited grace upon us "for he has allowed us to see where we have been blind.”
Naturally, the President was talking in the context of the institution of slavery, the Jim Crow days, and the terrible oppression of the African American community as a whole. That systemic oppression had to be defeated by an unarmed people who pushed back against their oppressors with peaceful demonstrations and uncommon restraint. Those “bad old days” are supposed to be gone; but we all know that they are not.
In a thousand different ways, the darkness of the past is still haunting all of us and we ourselves are shutting out the light or refusing to see the light. Can that massacre in Charleston be tolerated? Can the senseless killing of welcoming churchgoers in their own church not be the event that rocks and shocks this country into actually DOING something about the systemic and institutional roots of racism. And is it impossible for a majority of decent people in this country--and they are the majority--to demand that this foul hatred that is so commonly on display and its rabid sponsors and enablers be brought to account? President Obama has come as close as he dares, as the President of all Americans, to saying ENOUGH.
The dangers of moral “blindness” and our unwillingness to face up to obvious truths about the injustices in our society today, seem to underpin both the Supreme Court decision and President Obama’s eulogy. That’s what makes them so powerful. They are about seeing the light, a word that for me reflects the essence of truth.
Whatever conflicting views there may be out there on same-sex marriage, Confederate flags or gun violence, I have absolutely no doubt that both the Supreme Court and President Obama came down on the right side of history yesterday. And history will remember that day. The only question is, will we?
Abject apologies to the author, Anthony Doerr, for my appropriation of the title from his superb novel “All the Light We Cannot See” for this blog. His book concerns the Second World War, a blind French girl and a young German soldier who are remorselessly drawn towards each other. The title of his book (which also deals with physical and moral blindness) encapsulates, in a very few words, everything that needs to be said about the Supreme Court decision and President Obama’s eulogy. Maybe Mr. Doerr will forgive me if he knows I am plugging his marvelous book!
One last word. Have a look at a very recent article from the NYT’s “The Upshot” which looks at the way in which the country usually moves together on big rights-based issues such as same-sex marriage and civil rights issues; but is much more divided and polarized on non-rights issues such as gun control, abortion and legalization of drugs (even though these are sometimes portrayed as “rights” issues by their supporters).
http://www.nytimes.com/2015/06/30/upshot/why-gun-control-and-abortion-are-different-from-gay-marriage.html?hp&action=click&pgtype=Homepage&module=second-column-region®ion=top-news&WT.nav=top-news&abt=0002&abg=0
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