Historic for Some, Same Old Shit for the Rest of Us

Harvey Fierstein: While we dance in the streets and pat ourselves on the back for being a nation great enough to reach beyond racial divides to elect our first African-American president let us not forget that we remain a nation still proudly practicing prejudice.

I have heard this day described as one of transcendence where Americans came together to prove that we are, above all, a nation of fairness. World witnesses wrote that we rose above ideology, politics and bigotry to achieve a great moment for America. Meanwhile, on this same Election Day, we great Americans passed laws as heinous as any Jim Crow legislation. We great Americans reached out and willfully put our name to language that denies an entire minority group their equal rights.

Of course I am referring to the states of Florida, Arizona and California passing legislation to specifically deny gay people from entering into the contract of marriage. Actually, that's not true. We can still get married, just not to each other. Yes my friends, Florida and California have now made it legal for gay men and lesbians to marry as long as we don't marry our partners. How much sense does that make?

Now, before you rise up on your high horse to holler, "We're not against Civil Unions, just Gay Marriage", let me once again explain that THE SUPREME COURT HAS STATED THAT SEPARATE BUT EQUAL IS NOT EQUAL. And even if it were, civil unions are simply not equal to marriage.

Let me give you a simple example that anyone can follow. John and Jim are registered as domestic partners and so, just like a married couple; Jim is covered by John's employee health care. That's really nice. BUT... since the IRS does not recognize civil unions or domestic partnership Jim has to pay income tax on the value of this coverage. So, unlike a married couple, John and Jim are penalized hundreds of dollars for not being married. That's not fair. That's not in the spirit of the civil union legislation. And that's just the tip of the iceberg of the inequality being offered.

Listen, my fellow Americans, I am only asking that we get sensible about this controversy. Gays are not asking for religious blessings. We are not asking for everyone to come to our weddings. We are not asking the government to force churches and synagogues to perform marriage rituals or even to allow us into their tax-exempt edifices. We are simply and forcefully demanding equal protection under the laws of this nation as tax paying, voting, property owning citizens. I want no more or less protection than granted any heterosexual to control and distribute my holdings.

State sanctioned marriage is a civil contract period. A contract is not a judgment of moral value. It is a legal agreement between two parties that testifies to a meeting of minds between those consenting entities. It is not a religious act or rite and so has nothing to do with Adam and Eve or Steve or even Harvey. I often say that if you want to really want to understand the contract of marriage just ask anyone who has been divorced. The marriage contract is one of property rights. Or maybe you can look in the bible to see what Adam had to say about divorce since Eve was his second wife.

So, while we rightfully celebrate the election of our first African American president, let us take a moment to mourn the passage of three new laws legalizing prejudice. Of course there will be those who claim that voters were only protecting the institution of marriage to whom I would suggest it is just as likely that Obama's supporters were only voting against W. Breaking the lock on my door doesn't make your home any more secure.