Rulings on Two DOMA Cases

Judge Joseph Tauro, a federal judge in the Commonwealth of Massachussets, recently ruled on two cases regarding Section 3 of the Defense of Marriage Act (DOMA). In both instances, it was determined that this section of DOMA was unconstitutional by virtue of violations of not one, but two amendments to the Constitution.  In ruling that DOMA was contrary to the due process clause of the Fifth Amendment, equal protection under the law, and the Tenth Amendment, the right of states to make their own laws about marriage, and to have those laws recognized by the federal government, Judge Tauro opened another door toward recognizing inclusive marriage rights for both hetero- and homoamorous couples in the United States.  An excellent article on the details of these cases was written by Lisa Keen in Bay Windows, a large, New England periodical that caters to the LGBT community, entitled, "Doma decision released."

Although the response to the Fifth Amendment was vitally important because it recognizes the inequality among citizens of the U.S., the ruling on the Tenth Amendment held the greatest movement forward.  By stating that state laws that were not otherwise contraindicated by federal law must be recognized by the federal government, homoamorous couples could be recognized by the federal government as married.  Recognizing all marriages as valid at the federal level will provide greater weight to the discussion supporting inclusive marriage.

The U.S. Court of Appeals and the U.S. Supreme Court are still ahead in the battle for marriage equality.  There is nothing wrong with due process.  One of the best ways to communicate change is to define one's terms.  Marriage is... Marriage is not...  These blanks must be filled in at the legislative, judiciary, and social levels to be effective. 

As California awaits the ruling on Proposition 8 in San Francisco, this timely message comes as yet another ray of hope for those who so deeply desire to marry the person they love.  It seems that slowly, the term "gay marriage" is being replaced by "marriage equality" and "inclusive marriage."  This is an important delineation because at the legal level, there should only be one "marriage." 

The cases before the courts right now relate only to civil marriages.  In 2010, every marriage in this country that is found in a state's Bureau of Vital Statistics is a civil marriage.  Although it may be performed by a minister and sanctified by a church, the marriage license itself is for a civil marriage, not a religious one.  Our nation is beginning to understand this concept.  Lawmakers, judges, and voters can no more legislate faith than religious leaders can determine law.  Communist countries legislate religious practice.  Theocracies allow religious tenets to directly affect law.  Although there is a morality to our laws, the United States is a republic that practices democracy.  U.S. citizens have the best seat in the house to see that difference at a national level right now, and it looks good.

The Other Privacy Matters of Facebook

"My father has cancer."  "John Doe's relationship status has changed."  "I got soooo drunk last night." 

In Dunsmuir, where I was reared, there were certain matters people talked about and subjects we simply didn't.  If someone was inebriated, one did not share that with the entire town.  It was sometimes weeks before our family learned that a couple was having serious difficulties.  It was months before we learned of someone's illness. Oh, there was gossip, of course, not unlike Norman Rockwell's print (right); but, most people kept family matters private until they had to address it in a more public forum.  Facebook™, and its cousins, Twitter™, MySpace™, and other social networking sites, have changed all that.

What is the right balance of information to share on a public forum?  There are several arguments that make sense.

Sharing everything that goes on in one's life provides that individual with a community of people who care for, and support, that person during their most difficult passages.  The death of a loved one, accidents, and disappointments are all burdens that may feel a little lighter because of the outpouring of love received from others.  There is less awkwardness after a public announcement like that.  We know what happened, and the person who posted knows we know what happened, so we can discuss it openly.  The same effect is seen during our triumphs.  Notes of congratulations and celebration are posted with emoticons and photos of happy puppies.  On Facebook™, there are very few secrets anymore.  Nearly everything seems available for public consumption. 

On the other hand, are there subjects that should remain inside the home?  News often affects others, as well as the one posting the information.  Has the posting agent consulted with those who might be impacted before announcing whatever news is being presented?  Not likely.  The delicacy of social interactions is going the way of proper grammar and spelling... down the proverbial tubes.

My mother used to say, "Never write down anything you don't want printed on the front page of the New York Times, and never say anything you don't want shouted from the highest mountain top."  There's some wisdom there.  Recently, on television, I heard a commentator report that people were getting arrested, and others were losing out on jobs because of their postings on Facebook™ as well as other social media sites.  The art of discretion is being lost.

It may be surprising to know that a writer is suggesting there are things that should not be shared.  Someone who writes is encouraged to open their lives, thoughts, and feelings for public consumption in the most intimate ways.  There is, however, something to be said for maintaining a certain amount of mystery in public life.  So few surprises exist anymore between people familiar with one another.  With IPhone™ and Droid™ apps that allow Facebook™ to travel with them wherever they go, some people are recording every moment of their lives in posts.  We see examples of this with celebrities all the time; but, they are not alone.

Readers know things about their Facebook™ friends that they may not feel they need to know.  I'm certain people may sometimes feel ambivilent about what I post as well.  Of course, most of what they know about me comes from my blog site and not Facebook™ postings.  The majority of my Facebook™ comments are birthday greetings, thinking-of-you notes, and links to new articles on my blog.  Certainly, everyone has a different perception about Facebook™.  Mine just happens to be that Facebook™ is like seeing an acquaintance on the street.  I'm not going to tell them my most intimate stories as we're passing one another, any more than I would expect them to do the same.  Those stories are saved for times alone with those closest to me.

With all this being said, I do love my friends.  I want to share in their sorrows and their joys.  I am interested in how they are doing.  I am also thrilled to reconnect with those people with whom I've lost contact many years ago.  Facebook™ simply seems to leave me cool when it comes to intimacy.  Perhaps because I am a musician who depends on my aural skills so often, hearing someone's voice means so much more to me.  I miss sitting on the phone for an hour with a friend who lives far away, and catching up on all their news. Even private messages and e-mails provide a better avenue for more intimate discussions than public postings on a website, as far as I'm concerned.

The truth is, I miss the embrace of friends upon our greeting and departure.  The world is so small that it now fits into 13" screen; yet, it is still so large that many of those I love are too far away for me to hug.  Even with those who live closer, we find ourselves with opposing schedules and cannot visit as often as we'd like.

As it stands, I suppose I will have to be satisfied with brief posts to Facebook™ to learn about my friends.  I should be grateful for that. Until the day of inexpensive travel or teletransportation arrives, I will just have to live without the physical presence of so many of my beloved friends. 

James Chávez Glica-Hernandez misses his friends and wishes they were closer. 
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Photos:

Rockwell, Norman (2010) ["Gossip"] Print by Norman Rockwell.  Retrieved from  http://mashedmusings.files.wordpress.com/2009/03/gossip-print.jpg

(2010) [Person passing IPhone advertisement]. BBC.co.uk.  Retrieved from http://www.bbc.co.uk/blogs/technology/080415_afp_iphone3.jpg

Burns, Taurus (2010) ["Group hug"] paintDetroit.com. Retrieve from  http://www.paintdetroit.com/Home/Ghetto%20of%20Eden/images/Group%20Hug.jpg