Wednesday, May 23, 2012
As a constitutional scholar, Mr. Obama knows too well, after studying Brown v. Board of Education (desegregation), that state implementation of civil-rights protection is a dog that does not hunt. In other words, he knows that gay marriage left up to the states does not stand a chance in hell of becoming a right, by law. His Harvard legal education showed him, in no uncertain terms, that when the Supreme Court, under Justice Earl Warren, handed-off the implementation of their landmark rebuke of 'separate but equal' (Plessy v. Ferguson) in 1954, it took the states another twenty years to make it a reality. Even then, desegregation occurred amid street battles. To hear former NAACP lawyer and Justice Thurgood Marshall tell it at the time, the Warren Court was being purposefully "S-L-O-W" in handing their desegregation decision to the states, as I believe is Mr. Obama in his caveat-ed support of gay marriage.
Obama is denying what he knows - that it is the role of the federal government, as outlined in the constitution, to defend the civic-rights of every citizen (including equality under the law), particularly when individual state pursuits might abridge such rights. In true political slight-of-hand, Mr Obama is looking for voter credit, for gesture over real substance, while giving the politician's wink/nod to anti-gay factions that know history, especially those folks in the South.
Thurgood Marshall is certainly shaking his head, somewhere in the after-life, and maybe wishing Obama had attended Howard Law (Marshall's alma mater), rather than Harvard.
James C. Collier
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