At 12:01AM, January 6, 2015, the LGBTQI community of
Florida will receive a gift. It won’t come in a box, wrapped in paper with a
bow on top. It’s not something that can be contained in a bottle of bubbly, or
put in a stocking. It’s a gift that comes in a legal opinion authored by United
States District Court Judge Robert Hinkle declaring Florida’s laws, both in the
state constitution and state statutes that limited marriage to heterosexuals
only, to be in violation of the United States Constitution; hence marriage
equality will be coming to Florida. In the words of Judge Hinkle:
"When observers look back 50 years from now, the arguments
supporting Florida's ban on same-sex marriage... will again seem an obvious pretext for discrimination. Observers who are not
now of age will wonder just how those views could have been held. The
institution of marriage survived when bans on interracial marriage were struck down,
and the institution will survive when bans on same-sex marriage are struck
down. Liberty, tolerance, and respect are not zero-sum concepts. Those who
enter opposite-sex marriages are harmed not at all when others, including these
plaintiffs, are given the liberty to choose their own life partners and are
shown the respect that comes with formal marriage. Tolerating views with which
one disagrees is a hallmark of civilized society." (Judge Hinkle, August
21, 2014)
Pardon me while I wipe away tears.
This has been a long slog for many of us. When my partner
and I were first dating and I asked about having some kind of a commitment
ceremony that was all we could hope for. It wouldn't come with state and
federal recognition, so that we might have benefits and protection of our
property. And certainly, neither of us at that time conceived of having our union
blessed. (Neither of us was active in a religious community, and the Episcopal
Church wasn't
anywhere close to blessing same-sex couples!) When the movement
for marriage equality began in Hawaii, and then had success in Massachusetts,
it was intriguing, but still seemed a far-fetched notion that this would catch
on, especially in Florida.
Then came Iowa.
And Vermont, Connecticut, New Hampshire, California (on
again, off again, on again) the District of Columbia…
As marriage equality was becoming a reality, opponents
continued their fight. It wasn’t enough to have marriage outlawed in four
places in the Florida statutes; they needed a constitutional amendment.
And
they got it…with just over 61-percent of the vote in 2008. It was a moment of
bitterness to realize that a majority of those who cast ballots in an election
that helped put Barack Obama in the White House also brought out voters who
were willing to make me and my partner second-class citizens. It was
devastating.
And so we marched. We shared our lives and our stories.
We organized. And we filed lawsuits.
And we won a victory in June, 2013, in the United States
Supreme Court with the Windsor decision.
Quickly, the dominoes began to fall. State after state,
some by popular vote, many by court order. Secular and religious leaders were
standing up for our rights. Even President Barack Obama arrived at a place
where he was comfortable saying he had no problem with marriage equality.
Still, as all this happened, those of us in Florida kept
wondering, “When will this be our reality?”
That time has arrived. Not without pain and suffering
through the attempts to stall Judge Hinkle’s order. But it has now really
arrived.
That this moment is coming to pass on the day that
Christians celebrate the Epiphany, the arrival of the Magi bearing frankincense,
gold, and myrrh, could not be more perfect. These wise men following a star in
the east come bearing gifts to one whose purpose will be to spread the Good
News of Love. They are overjoyed at the sight of this child, born in exile, and
unpack their treasures for him.
This is very much what this moment in our
state’s history feels like. The courts have followed Wisdom that has led
justices to bestow upon a community, singled out for who we love, with the gift
of equal rights in marriage.
It is also not lost on me that our wonderful happy day is
coming on the same day that the opponents of the LGBTQI community will be
taking the oath of office for another four-year term. John Stemberger, the man
who put the noxious anti-marriage amendment on the ballot in 2008 is on the
guest list for the pre-inaugural prayer breakfast. There are clerks of court in
Baker, Clay, Duval, Okaloosa, and Santa Rosa Counties who have responded to the
ruling by ending the tradition of courthouse weddings for anyone rather than be
compelled to marry a lesbian or gay couple. Without statewide, or in many places county
protections from discrimination, we may get married, but we aren’t necessarily protected
from losing our jobs, housing or access to public accommodations. After the
Magi left the manger, Mary and Joseph had to stay on the run with Jesus because
King Herod was out to kill him. Love seems to never know complete peace or
absence of fear and loathing in the world. We are still a long way from
reaching full equality.
For now, however, the celebrations are on. My partner and
I will be heading to the clerk’s office to make our application for a marriage
license. It will be a lovely step forward in this 23+ year “courtship” and the
start of the state-recognition of our marriage. Let the wedding bells of
freedom peal out over the Sunshine State.
1 comment:
Wonderful and gracious connections to the Celebration of Epiphany. Am so happy for Florida as they take this step.
People of Georgia are betting that we are the last State to have Marriage Equality; so many people in our way.
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