We are living in a time
of progress of thought, ideas, and justice. And in the name of progress, the Supreme
Court of the United States (SCOTUS)
ruled to strike down section 3 of Defense of Marriage Act (DOMA) which didn't recognize same-sex marriage
federally. This adds to a growing fight for equality nationwide, allowing
persons who have already been legally married in their state to receive federal
benefits. This is a victory, for so many queer-committed persons.
However, this
“monumental” ruling will in many ways overshadow most of the terrors/traumas
enacted on women, people of color and the disenfranchised this week. This tiny
victory has the power to erase the myriad of wars going on in this country.
This morsel of “hope” will satiate so many “activist” and “allies” for the next
5, 10, 20 years-- all while injustice still frames, enslaves, and
disenfranchises this country. To contextualize the triviality of today’s ruling
I offer three other SCOTUS rulings and the impact they have on already
marginalized persons.
First, and most
personally horrifying, was the strike down of a critical portion of the 1965 Voter’s Right Act. This ruling allows states to change their
election laws without federal regulation. We live in a country where unbiased
words allow for social enslavement. Lawmakers of the time were fully aware that
left to their own devices, states would continue to limit the laws and further
marginalize Black voters. This law, now gutted, put thousands of poor, Black, and
Latino voters at risk of being denied their right to vote. This unbiased
language makes room for problematic legislation that if passed will be
virtually impossible to revoke. We are not past-race; this legislation proves
that. It took Texas less than two hours redraw voting districts and limit the
types of ID allowed to vote. This law makes it now exponentially harder for poor, disabled,
Black, and Latino voters to vote considering they are most likely to not have
government issued ID’s. We are not post-disenfranchisement.
But SCOTUS, was not just
giving free reign to law makers to deny voting right, they also problematized
our justice system. In Salina v. Texas, SCOTUS struck down the right to remain silent
before one is arrested. Again seemingly not problematic, let us consider what this
statute allows. In times of pre-arrest questioning, before Miranda rights are
given, your Fifth Amendment right can be used against you. This ruling
sanctions confessions from, many undocumented/ unregulated interrogations. In
the day of DNA exoneration and the prison industrial complex, this is a blow to
fair and due process. This is ammunition for a continuing criminalization of
the disenfranchised.
But our SCOTUS did not
stop there, workers rights were compromised in the case of Vance v. Ball State University. A worker can now be subject to day to day
harassment by a supervisor as long as the “supervisor” doesn't have the power
to “hire, fire, demote, promote, or reprimand”. This is ludicrous because of
the semantics. It is torture rather than death. The marginalization can
continue; the subjugation can remain. For anyone who works in an entry level or
lower ranked position this is a blow to work safety. Workplace equality which
has historically been a gendered space now becomes immensely more treacherous
for all. The workplace that has been unsafe for queer person now becomes
another battleground.
If these SCOTUS rulings
show us anything, it is that there is still a war on people of color, a war on
women, and a war on working class persons. And despite the rainbow wishes of
peace and understanding, there is still a scathing war on queer people. We must
see these tiny victories for what they are. Tiny morsels, served top down to
satiate the countless hours, and funds, and work of millions of marginalized
people. This tiny morsel of “marriage equality” is not even that. It gives
already privileged married persons equal rights.
My fear is this; such
satiation will make activist content. Such satiation will help white “allies”
forget the injustice of the Voter Right’s Act. Such satiation will prevent
employee safety. Such satiation will allow for decades to pass before state and
federal marriage is passed. Do not be merely satisfied with morsels. Such
morsels will tide you over till death.
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