20 February 2012

Ooh baby, ooh baby

We school bus drivers use the radio to keep in touch. It's pretty amateurish; one hears "10-4" used far more often and far less precisely than one should, but it is useful.

And sometimes funny.

Mostly it's for supervisors and the garage passing along information. Or central dispatch looking for drivers who can fill in for other drivers whose buses have broken down, or who are unexpectedly caught in a traffic jam, or who belatedly called in sick. Or drivers who have significant problems to report.

"Base, this is bus 165; my air pressure is falling so I've parked on the side of Edgewater near ...."

"Base, this is bus 279; I've got a Kindergartner whose parent wasn't there so I''m returning him to his school ...."

"Bus 82, this is the garage. Please bring your bus in for servicing before 2:00 p.m. on Tuesday."

"This is base; can any driver second load this p.m. out of Pinebrook elementary for bus 55?


Alas, there are inevitably those drivers who love the sound of their voices who clutter the airwaves with messages we really don't need to hear. "This is bus 497: there's a styrofoam cup on in the right lane of the County Parkway; use extreme caution." Okay, that's an exaggeration, but not by much. I'm often amused (and sometimes nettled) by the superfluous messages that blast though our squawk boxes.

Still, it's a useful tool, the only way to tie together a herd of several hundred yellow boxes roaming around the county's neighborhoods.

But the real joy is that some of the transmissions are just plain funny. My favorite which came deliciously with no warning and no attribution: "I love you, but you still have to move."

02 February 2012

Washington joins the list; why doesn't everybody?

Yesterday the state senate in Washington passed a bill which would permit same-sex couples to marry. Passage is apparently expected in the Assembly, and the governor has indicated that she will sign the bill. Washington will then join Connecticut, Iowa, Massachusetts, New Hampshire, New York, Vermont and the District of Columbia is permitting such marriages.

However, opponents in Washington are already threatening a referendum to overturn the law, although a similar effort in 2009 failed to overturn a civil union law. Prominent among these opponents is the Catholic Church.

This reminds me of a discussion a friend and I had last week. An acquaintance of hers had fulminated against gay marriage, and she was dismayed that her defense hadn’t been a coherent as she would have wished.

In light of these two events, I thought I would commit my thoughts to paper, or at least electrons flitting about the web.

Let me start by noting that I have a number of close friends and relatives who collectively personify all four letters of LGBT, and I've thought about related issues quite a lot.

It seems to me that there's a good chance my friend’s acquaintance was blurring the distinctions between marriage as a legal institution and marriage as a religious institution. That's easy to do, since for most couples the two occur simultaneously; most American couples are married in religious ceremonies officiated by clerics empowered by both the church and the state to perform both functions, and from then on, everybody views the couple as being simply "married."

However, the two aspects of marriage are quite different. The preeminent earthly aspect is, of course, the secular one, as marriage is a unique contractual agreement that conveys specific legal rights and privileges (e.g., preferential tax and inheritance rights). Granted, a civil union law can conceptually be tweaked to fully mimic the legal rights of marriage, but what's the purpose? If the goal is to have exactly parallel legal ramifications, why maintain the separate status? That makes no sense. And at a gut level, my friend’s interlocutor probably realizes this ... and since he perceives a difference, he wants the legal definition to reflect something of the antipathy he feels for "gay marriage."

But of course, civil union laws do not fully mimic marriage laws. The federal "Defense of Marriage Act" (DOMA) and other federal statutes prevent individuals in civil unions (or even same-sex marriages legally sanctioned by states) from enjoying the same rights and privileges of marriage (again, for example, federal tax treatment, and for federal employees, insurance benefits). As was the case with public schools in the era of legal segregation, "separate" is in fact unequal.

There is another, more abstract issue here, as well. Formal marriage carries an imprimatur that is socially valuable. Let's face it: marriage means that we accept without reservation the right of two individuals to engage in behavior which would in any other context be subject to some opprobrium. Further, spouses enjoy a higher social status than “partners.” Granted, standards are more lax now than they once were, but members of a couple desiring to be wed wants the world to recognize their partner as their spouse, and any form of civil union less than marriage fails on that measure.

What then is the basis of the opposition to legally recognizing same-sex marriages? Some argue that the purpose of marriage is procreation, but of course that is a specious argument since our laws and our culture happily embrace the marriages of heterosexual couples unable or unwilling to have children. (For example, who would criticize my 90 year old father if he were to wed his 81 year old "girlfriend"? Or the marital plans of a much younger friend who is sterile because of her endometriosis?)

The other major argument is that homosexual marriage is "wrong." That might be a convincing argument if there was societal unanimity on the subject (as there is, say, with murder or pedophilia), but clearly there isn't. The views of large numbers of citizens who view such marriage as acceptable are just as valid as those who oppose it, with the difference that the former group would not prevent the latter from exercising the right, while the latter group would prevent gays in the former group from doing so.

The core of the argument that it is wrong has religious roots, yet even there we have a good deal of diversity of opinion. A number of faith communities feel very strongly that same-sex marriage is wrong. I have no problem with that. But if we acknowledge the relevance of that perspective, we must also acknowledge the relevance of the opposing perspective, since a goodly number of faith communities and non-faith based value systems embrace the concept, and many of them celebrate such marriages. Examples include the United Church of Christ, Unitarian Universalists (Unitarians), most meeting of the Religious Society of Friends (Quakers), and Reform Judaism.

That being the case, it is inappropriate to cloak within the law the perspective of one or more faith communities to the exclusion or denial of the beliefs of other faith communities and non-faith based value systems. It is inconsistent with our standard of the separation of church and state, for example, for the Catholic Church to use the power of the state to enforce its concept of marriage and prevent the Unitarian Universalists from celebrating theirs.

In other words, the state has no valid reason to limit this class of contractual relationship to heterosexuals, and any attempt to do so should be seen as violating the first amendment's establishment clause, as well as the fourteenth amendment's standard of equality before the law.

This is not to say that homosexual marriage is "right" any more than it is "wrong," since both are value judgments held by members of our society. It is merely to say that in this pluralistic society, such value judgments should be reserved for private entities and not be given the force of law by the state. Nor should one faith seek to use the law to codify its perspective to the negation of the perspectives of other faiths.

However, were same-sex marriage be universally permitted, non-state institutions would still be free to continue to hold such values as they choose, and if they wished to prohibit extending the religious aspects of marriage to homosexual members of their own communities, they could continue to refuse to perform such marriages. If the Catholic Church, for example, refused to marry same-sex couples, that would be fine. Marriage-minded gay or lesbian couples within religious communities prohibiting same-sex marriages would then be able to change religions if religious marriage were still a goal, and they would be free to obtain a state-sanctioned marriage (e.g., before a judge) if they so wished.

Of course, there is yet another argument raised in opposition to same-sex marriage, that somehow such marriages would weaken the traditional institution of marriage between men and women. But that argument is specious; in no way would the ability of two men to marry or two women to marry in any way impinge upon the right or ability of a man and woman to marry. And if one needs proof of this assertion, one merely has to look at those states already permitting same-sex marriage. In all of them, straights still marry straights, and nobody objects.