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The (Long) Road to Equality

As the Supreme Court’s decision is announced in the Obergefell v. Hodges case, one cannot help but reflect upon the shape the discourse has taken, and the possibilities for continuing the conversation about LGBTQ equality. The media coverage has focused on the right to marry, but what about the host of other heretofore denied rights of contract, such as the right to divorce, or the right to form parental agreements? Consider a thought experiment, one similar to the content of some of the testimony heard before the Court:

Imagine you and your partner are residents of New York and you marry there. You both later move to Louisiana for work (or simply because you want to live on the bayou). At some later point, your marriage fails and you separate (for years). Yet, since the state of Louisiana does not recognize your marriage, you cannot get divorced. As you drive home to visit family in upstate New York, you decide to view Niagara Falls from the Canadian side. As you drive across the border, it occurs to you that Canada will certainly recognize that marriage you could not legally exit—should some unfortunate fate befall you, your estranged spouse might have a say over your healthcare decisions, or could take possession of your body. After your vacation, as you drive back across the United States, you realize how often your marital status changes—married in New York, single in Tennessee, married in North Carolina, single in Kentucky.

This thought experiment was a lived reality for individuals across our country, and arose as a result of a patchwork system of recognition. A patchwork system of recognition exists when individual states can choose whether to extend rights to groups that have historically been denied them, and if so, the terms under which such rights will be recognized, enabled, inhibited, or blocked altogether. When a patchwork system of recognition is in place, it can give rise to a number of practical and ethical concerns.

The first challenge that arises from a patchwork system is the clear limitation on one’s freedom of action and freedom of movement that are antithetical to the spirit of a liberal democracy. In this regard, the state has two corresponding duties derived from the general citizen’s freedom of movement: a guarantee that the State will protect the right to travel across city and state lines, and ensuring a citizen’s right to be treated equally to those who are already residing in the area (e.g., not facing unduly burdensome restrictions placed on the right to vote, freedom of expression and association, and that the public acts of one state will be recognized and upheld in other jurisdictions). While this practical constraint is now lifted for those who are married in one state and heretofore unrecognized in others, what of parental agreements and second-parent adoption rules? There are plenty more barriers to full equality and recognition in the contractual agreements that mediate familial life and personal relationships.

The second, more profoundly philosophical, challenge presented by a patchwork system is the effects on one’s personal identity—to what extent can I conceive of myself as autonomous if the state blocks my ability to enter into certain kinds of agreements and be recognized as I wish to be? The state mediates our personal relationships—those between romantic partners and those between citizens and their children, most notably. Insofar as regulatory mechanisms (i.e., contracts or legislation) reflect how individuals see themselves, or at least provide measures to align identity with recognition, this mediation can appear seamless. However, where recognition and uptake fail, the result is narrative friction. My life’s narrative, the self-told story that helps us maintain a sense of who we are over time, becomes interrupted because of state interference. Marital status and parental status, like a person’s sexual identity is a constitutive part of our lives and determines how we constitute many aspects of our practical identities. There are normative expectations and judgments made about one’s behavior, informing how others treat you.

As we move forward, and take up the next battle in the barrier to LGBTQ equality, let us keep in mind that we are legislating people’s lives, their identities, and whether they are recognized throughout the entire country. How does contract law, in itself, dehumanize the texture of human relationships? To what extent should we be mediating our relationships in this way? These questions should be part of the broader conversation concerning the next steps in the long road to equality.

Social Media, Social Change

When a bandwagon social media trend arises, the critics are certain to follow. Last week, while the Supreme Court heard two cases on gay marriage, a separate discussion was taking place on the Internet. An estimated 2.7 million users changed their Facebook profile picture to the Human Rights Campaign’s symbol for marriage equality. Chances are you’ve seen this image or some clever variation of it—maybe you displayed the image as your profile picture too. Using this image was an act of support for the LGBT community, a perfectly harmless statement advocating for their right to marriage equality—or so many people thought. As this trend quickly took over the sphere of social media, it was the subject of both praise and controversy.

Many people were displeased that the HRC promoted this image when they have come under fire for injustices related to the LGBT community. In 2007, they excluded transgendered people when backing the Employment Non-Discrimination Act. In recent years, the HRC has also been involved in supporting major corporations, which seems rather contrary to their goals as an organization striving for equality. Derrick Clifton’s article for the Huffington Post goes into greater detail about the criticism surrounding the HRC and its involvement with the marriage equality debate. It’s my guess that most people who shared the image had no idea of the controversies surrounding the HRC. I know I wasn’t familiar with them. How does this affect the act of posting their image on Facebook and other social media outlets?

Though I didn’t change my own profile picture, I saw dozens of my friends change theirs, and I generally saw it as a good act. The intention behind it was in support and solidarity of an important cause. Changing your profile picture not only implies this support, but also that you want other people to know what side you’re on. And it’s a great way to discover just how much people care about this issue—with all the buzz about this little red and white equal sign, clearly it’s a matter of great significance among the population. With benevolent intention backing this mass trend, I don’t think the HRC’s mistakes, though disappointing, detract from the message inherent in spreading this image. The image itself is secondary to the belief that all couples have the right to get married, and it is that belief that is really at the root of posting the photo.

Still, there are a couple of things to consider when you observe or partake in any given trend like this. One, be as informed as you can be. Know what it is you’re standing for, do your own research, and reflect on your own beliefs about the issue at hand (i.e. don’t just conform to the fad because you want some Facebook “likes”). Two, don’t let your action stop there. In all honesty, the Supreme Court doesn’t care so much about your new profile picture. Sure, it’s a nice statement and collectively shows that millions of people care, but make sure you’re living out your beliefs aside from the realm of social media. Don’t let it become irrelevant once it’s no longer trendy and the image disappears from your news feed, keep the momentum going. Seek out ways to get involved on campus. For example, the student-run organization United DePauw is dedicated to promoting awareness of LGBT issues, and it’s open to all students regardless of sexuality. Attending some of their meetings and events would be a great way to further the conversation beyond your computer screen.

In regards to gay marriage, one of the most fervent debates of modern times, I think advocacy for the issue will continue to grow stronger. As it does, keep yourself up to date on the ongoing discussion. If you change your profile picture, do so thoughtfully and purposefully because it represents what you believe in—in doing this, it shouldn’t matter what the critics think.