Monday, December 05, 2022

Equal Protection Is Only Equal Protection If It Protects Everyone Equally

Another Monday, yet another opportunity to listen to Nina Totenberg dissect yet another Supreme Court case deciding whether the equal protection guaranteed by the Constitution to all Americans equally protects LGBTQ Americans.

To paraphrase Bishop Barbara — who famously said “there’s no such thing as half-assed baptized” — there is no such thing as half-assed equal protection. But there is a definitive difference between the First Amendment protection of the exercise of religion and the ongoing effort to enable the imposition of religion.

And yes, I am grateful for the Respect for Marriage Act wherein DOMA is finally actually repealed and federal protections for marriage rights are provided EVEN if SCOTUS goes rogue and Kentucky or Ohio or Florida or pick-your state acts up.

It's both a backstop to protect extant rights and a beachhead to regroup and get the Equality Act through when we retake the House and get a filibuster proof Senate.

Nevertheless, it is exhausting to continue to have your life, your relationship, your family and your equal protection a subject of ongoing debate.

So it might be a good week to offer the LGBTQ folk in your lives a little extra TLC. And if you’re part of the rainbow tribe to offer yourself a little self-care. Because clearly la lucha continua. And there are miles to go before we rest.

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