Judge Feldman tried to draw comfort from the fact that Windsor did not employ the magic phrases “intermediate scrutiny” or “heightened scrutiny.” I would liken that comfort to saying that it’s anybody’s game with two out at the bottom of the ninth inning when the score is 20-0.
Posts Tagged ‘Brown v. Board of Education’
Thurgood Marshall’s 1930s world formed by the separate but equal doctrine, and Perry Mason’s fictional 1930s world in which lawyer ethics were still optional, seem very strange. What will our world seem like in 80 years?
It seems quite possible the Supreme Court could act in such fashion as to lavoid announcing a constitutional right for same-sex couples to marry. And there is a reasonable chunk of the commentariat encouraging the Court to do just that. In my view, such a sidestep would be a big mistake becauseIt would put the Court in bed with stupidity, a place the Court can ill afford to be these days.
“In a Conventional Dither”: Rodgers and Hammerstein’s Camouflaged Critique of Race Relations at Mid-Century
During the three-year stretch in which Richard Rodgers’ and Oscar Hammerstein II’s South Pacific and The King and I reached the Broadway stage, theatrical expressions of support for the equality of black and white were a dicey proposition, courting charges of Communist sympathies. And yet in these two musicals, lyricist and librettist Hammerstein found a way to voice that support. However, in keeping with the times as well as his temperament, he did so by indirection, and also with what might be called camouflage: presenting the “destabilizing” message about race relations in a matrix that included remarkably conventional and reassuring, even retrograde, messages concerning the relations of the sexes and colonialism.
To me, proof exists that the future can be different. The Emancipation Proclamation, Brown, the Civil Rights Acts, and the creation of a society that could elect a mixed-race president are not just American achievements; they are major human achievements. They themselves embody but also point further down the path we as a species are following: gradually reconfiguring our psyches to recognize but one race and one tribe: human.
Cruising US-1 through the South (aka the Jefferson Davis Highway in places), way too much Confederate commemoration, way too fuzzy on actual history, and virtually no offsetting commemoration of slavery and its aftermath.