PINE GROVE
I stop and stand
still to listen...
the full chorus
not unlike Bach...
the vibrating forest
when wind rushes
through the wood
hushes crows
perched
and listening
in pine trees
FOR WHAT IT'S WORTH DEPARTMENT

My Brother Jim sent me the following article from a BLOG he reads, and because the blogger invites readers to "share," I am posting it here. It's very timely... speaks to issues about which I have written on my blog:
Issue #45 - February 12, 2010
CALIFORNIA'S VALENTINE
TO GAY AMERICANS

By T.J. Clemente

Years ago, our founding fathers, selling the constitution to a new nation, wrote the Federalist Papers to persuade the states to adopt the document. Within the arguments for adopting this "new rule of law," they expressed the new Constitution's sensitivities to "majority rule and minority rights." For the last month in a San Francisco courtroom, two of America's premier attorneys, David Boies and Theodore Olson (who actually opposed each other before the Supreme Court in Bush vs. Gore, 2000), have been working together to tackle the concept of the unconstitutional nature of California's Proposition 8 that was voted in by the majority to deny a minority in this country the basic right to marry and live in high honor with the person they love.

Same sex marriage has been a polarizing political football for too many politicians who use the issue because "political numbers" energize each party's base. What is lost too often is the human element, that some citizens in this country cannot marry the person of their choice because of sheer opinions from a majority on what is socially, religiously and legally acceptable. The daily testimony by those who proposed Prop 8, which basically overturned the legality of same sex marriage in California that had been voted in by the State Legislature, is alarming. The language of the suit spells it out plainly, by proclaiming, "The unequal treatment of gays and lesbians denies them the basic liberties and equal protection under the law that are guaranteed by the Fourteenth Amendment of the United States Constitution."

Not everyone in the same sex marriage movement is happy with this high profile lawsuit, believing a state-by-state strategy is preferred. Some fear the high risk of a showdown in front of this conservative Supreme Court, and that a negative ruling can set the movement back a decade, or worse. To those who suggested waiting for a more favorable Supreme Court in the future because of the fear of losing, Olson has reportedly said, "I don't take on very important cases to lose them."

But every day the testimony on instant blogs and websites is painful to read, as both sides put the worst face on the issue. At times the testimony is as Byzantine as the famous evolution "Scopes Trial" between legendary lawyer Clarence Darrow, Jr. and Populist politician William Jennings Bryan, with reference to the Bible, religious traditions and fears.

To me the whole issue comes down to the human element: love and commitment. Gays and lesbians are not statistical anomalies; they are real human beings in pursuit of happiness, wanting to make a lifelong commitment to their partners, to live the American dream, with home, hearth and children. The tyranny of a majority must not be allowed to deny honorable citizens the right to live life openly, as who they are, with the same legal rights afforded to other couples.

This is the crux of the issue. And while I understand the arguments about health care, legal visitation at hospitals, child custody, and even issues based on fear, I wonder (with some experience), wouldn't all marriages be banned if we focused on fear? So many marriages end in all manner of tragedy (including domestic violence), that has a lasting impact on children. Others end in caustic, costly divorces. But those possible results don't derail lovers uniting in legal marriage for richer or for poorer, for better or for worse.

Anyone who's ever cohabitated without being legally married understands the difference. Legal marriage provides a cemented foundation from which a successful partnership can, hopefully, be launched.

The negative rhetoric of the past is slowly coming around to common sense on the issue, with over 65% of those under 30 years old supporting same sex marriage. That is why proponents fear risking the trial now, because the percentage of supporters decreases as the age category increases. However, Olson has all but said that would be the same illogic as waiting 88 years (1776-1864) to ban slavery in this country.

The case moves slowly as the architects of Prop 8 testify why they believe same sex marriage is evil. They truly believe what they believe-as is their right. But the question is, are their actions denying the gay and lesbian community its rights under the constitution? Liberty is a thriving tree in the world, with new branches growing every day. It's a shame that it has to evolve slowly at a cost, but the momentum is on the side of all individuals who, "are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness." The long-term result, as was a woman's right to vote and a bi-racial couple's right to marry, is a sure thing. But the process has serious faults.


http://www.danshamptons.com/content/danspapers/issue45_2010/07.html