Same
sex marriage is evidently one of the most divisive issues in America today.
It’s drawn a line even for Filipinos here – and perhaps a sign of how deeply
fractured they are, is the way Fil-Ams have emerged in the forefront of the
debate for both sides.
The
Wall Street Journal has noted how the crowds in front of the US Supreme Court,
which wrapped up yesterday two days of hearings on California’s Proposition 8
and a challenge against the Defense of Marriage Act (DOMA), appeared larger
than last year’s “Obamacare” hearings.
The
High Tribunal isn’t expected to render a ruling until July.
The
schism can be attributed to how people perceive the issue. Many supporters of
same sex marriage see it as a civil rights issue with a primal impact on the
guarantees of the US Constitution. Those opposed are convinced it is a moral
issue.
Former
Solicitor General Theodore Olson, arguing against Proposition 8, told the
justices that marriage is a fundamental right of all Americans, regardless of
gender.
The
Baltimore Sun wrote Wednesday: “The
argument against Proposition 8 and the argument against DOMA both rely on the
proposition that laws treating gays differently should be subject to
"heightened scrutiny," given the history of discrimination against
them and their inability to defend themselves through the political process.
(The brief defending DOMA, hilariously argues that gays are in fact among the
most politically powerful groups in America, the passage in the last 17 years
of three dozen state laws banning gay marriage notwithstanding.)”
Only
nine states – including Maryland – as well as the District of Columbia have
legalized same sex marriage; 39 other states prohibit it either in their
constitutions or by statute.
Interestingly,
both cases reached the SCOTUS because incumbents refused to defend what are
existing mandates – the California governor viewed Proposition 8
unconstitutional and President Obama ordered last year Attorney General Eric
Holder not to support DOMA in the Supreme Court for the same reason.
Lesbian
partners Jay Mercado and Shirley Tan have testified on Capitol Hill for same
sex rights. They have twin sons and live in Pacifica, California. Mercado is an
American citizen but Tan has been threatened with deportation back to the
Philippines because she’s not recognized as Mercado’s legal spouse that could
have paved the way for acquiring American citizenship.
Pulitzer-winning
Filipino journalist Jose Antonio Vargas has tried to draw a parallel between
the struggle for same sex rights and the campaign to fix the country’s broken
immigration system. For young Fil-Ams, at least in the Metro DC region, those
lines intersect frequently under the LGBT movement.
The
same can be said of opponents of same sex marriage – where it hits the
anti-abortion, pro-life movement. It is small wonder that Fil-Am opposition to
same sex marriage is largely fueled by religious and cultural factors.
When
the otherwise popular Filipino boxing champion and now-lawmaker Manny Pacquiao
weighed in on gay marriage – anchoring his opposition to his interpretation of
the Bible – it drew a quick rebuke from a young gay Fil-Am in California.
Though
Filipinos are generally welcoming to LGBT couples, that has a limit and often it’s
dictated by their understanding of Biblical prohibitions, flavored heavily by the
cultural taboos they have carried across the Pacific.
One
survey showed nearly 80 percent of respondents in the Philippines believe same
sex marriage is “always wrong”. ABS-CBN’s Balitang America ran a poll last
night that showed 71 percent of Filipinos saw same sex marriage as a sin.
Those
who oppose same sex marriage, viewing the debate from a moral and ethical
perspective, have invoked the classic church vs state argument as well. Balitang America had featured Fr. Domeng
Orimaco, a Filipino parish priest in Daly City, California who blamed President
Obama for what he sees as an erosion of the institution of marriage.
Still,
the political history of the United States has rarely favored the status quo.
Same
sex marriage is divisive because it’s so complex and profound, and elicits such
powerful emotions. I’ve tried litigating this at home and after a long,
draining but inconclusive discussion, I vowed never to do it again. I’ll just
wait for the SCOTUS decision.