Supreme Court in the balance: The prospect of McCain appointments to high court should scare us all

[JackBeck]

PAUL M. SMITH
Friday, October 17, 2008

IF YOU CARE about the rights of LGBT citizens, the two most important things you can do in the next few weeks are to vote for Barack Obama and to persuade friends and family to join you. Without for a moment diminishing the importance of the ongoing California initiative fight (which is itself huge), the ground zero for the movement pursuing LGBT equality right now is the presidential election. Either we will go backward, losing key rights we now have and leaving the country in the hands of those who offer at best their grudging “tolerance” (the term Sarah Palin used in the debate), or we go forward with real equality within our grasp.

One reason, of course, is that John McCain opposes every single legislative proposal for greater LGBT rights, whether it is the hate crimes bill, or protection from employment discrimination, or repeal of “Don’t Ask, Don’t Tell.” This is a guy who says we shouldn’t even be able to adopt children! Barack Obama, by contrast, is supportive every time.

But another, even more important reason for electing Barack Obama is the Supreme Court, which now hangs in the balance. And that is particularly true with regard to LGBT issues. In 2003, I was fortunate enough to have the opportunity to argue Lawrence v. Texas, the path-breaking Supreme Court case holding all sodomy laws unconstitutional. Lawrence not only eliminated the odious laws that had been used for many years to keep LGBT persons in a second-class status, it also laid the foundation for future progress in LGBT rights. Without it, our community’s future would look much different.

BUT WHERE ARE we now? We won Lawrence 6-3, but one of those who supported us, Justice O’Connor, has been replaced by the strictly conservative Samuel Alito. So the Lawrence majority is very likely reduced to 5-4 already. And one or more of those in the majority are likely to leave the court in the next four years.

Much more at: http://www.washingtonblade.com/2008/10-17/view/editorial/13446.cfm