This is the first in what will be a series of online discussions hosted by HarvardCRCL.org. Each discussion will focus on an event held at Harvard Law School discussing issues pertinent to civil rights and civil liberties. Amicus contributors will summarize the discussion that took place at the event, and then anyone who would like to continue the discussion will be encouraged to do so here.
Thurgood Marshall, the great NAACP organizer and litigator, was asked after Brown vs. Board of Education whether, in light of threatened violence and school closures in the South, he would have been “well advised to let things move along gradually for a while.” Marshall responded that he did indeed believe in gradualism, but “I also believe that 90-odd-years [the time elapsed since the Emancipation Proclamation] is pretty gradual.” – Michael Klarman, http://articles.latimes.com/2010/sep/19/opinion/la-oe-klarman-gay-marriage-20100919
Professor Randall Kennedy spoke this week at an event co-sponsored by Harvard BLSA and Lambda. Kennedy began with the question of whether President Obama’s record on gay marriage should more appropriately be referred to as “troubling” or “embarrassing?” He cited Obama’s past support for gay marriage, then his possibly disingenuous conversion to religious opposition, and more recently his description of his position as “evolving.” He believes that Obama’s current opposition to gay marriage is in fact nothing but political prevarication to conform his beliefs to political expediency.
Kennedy also raises alarm at the possibility that Obama’s position could be legitimate religious belief, which may even be more troubling. Religious justification has been used to support such abhorrent practices as slavery and was explicitly part of the analysis in Loving v. Virginia.
If in fact Obama’s reluctance to openly support gay marriage is a recognition of the political realities in presidential swing states, is it justifiable? Is it reasonable that Obama do what is necessary to increase the likelihood of a two-term presidency while he continues a gradual approach to expanding rights for GLBT individuals? Is Obama bowing to political pressure from the African-American or working-class communities critical an electoral college victory? Finally, is there a fair analogy between the movement for gay rights and the African-American civil rights movement?
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