Author: ctfuqua

Today, a Federal judge overturned Indiana’s ban on gay marriage.

This is Judge Young’s conclusion:

The court has never witnessed a phenomenon throughout the federal court system as is presented with this issue. In less than a year, every federal district court to consider the issue has reached the same conclusion in thoughtful and thorough opinions – laws prohibiting the celebration and recognition of same-sex marriages are unconstitutional. It is clear that the fundamental right to marry shall not be deprived to some individuals based solely on the person they choose to love. In time, Americans will look at the marriage of couples such as Plaintiffs, and refer to it simply as a marriage – not a same-sex marriage. These couples, when gender and sexual orientation are taken away, are in all respects like the family down the street. The Constitution demands that we treat them as such. Today, the “injustice that [we] had not earlier known or understood” ends.

Windsor, 133 S. Ct. at 2689 (citing Marriage Equality Act, 2011 N.Y. Laws 749). Because “[a]s the Constitution endures, persons in every generation can invoke its principles in their own search for greater freedom.” Lawrence, 539 U.S. at 579.

When I think about today’s ruling’s impact on the social fabric of our society it gives me goosebumps. In the same way with Pres. Obama taking office, current and future generations of black youth will will grow up without the social barrier of “you can do anything you want except become President,” current and future generations of gay (*) youth will know they can not only love whomever they choose, but can also get married to that person who happens to be of the same sex.

Unfortunately, since gay youth often come from straight families, parents may not share this same excitement. So unlike most black youth, whose parent(s) will share that same sense of possibility, there are some differences… But in general, a barrier has been removed for us and future generations will grow up with a new reality. There is, I dare say, a “sense of less than” over which we’ve triumphed.

(*) to be complete, this sentiment applies to gay, lesbian or bisexual individuals, where the person they love and desire to marry is of the same sex.