Depending on whom you read and rely on, the DADT ban is or is not about to be history. Many stories have been written on the proposed law, but not much has been said about this point: If the repeal does go through, the case for marriage equality becomes rhetorically stronger. Why?

First, unlike many of the laws that seek equality for the LGBT community, DADT and the ban on same-sex marriages are instances where the government itself is doing the discriminating.

Thus, the rhetoric that’s used in one case applies to the other: Government should treat all of its citizens equally. Even an unreconstructed libertarian like Rand Paul – currently in boiling water because of his statements that the government shouldn’t tell private businesses whom they can and can’t deal with (including, say, African-Americans) – should support a principle of basic fairness and equality for all citizens. (He doesn’t, of course, so his libertarianism is born of convenience, not principle.)

Second, the most-often heard argument against allowing gay and lesbian soldiers into the military is that they will disrupt “unit cohesion.” But if this argument is ultimately rejected in the one area in which it at least sounds plausible (if only because of a homophobic atmosphere that has too often come from higher-ranking military), that rejection weakens a similar argument that’s advanced by many of those who oppose marriage equality: Allowing gays, lesbians, and transgendered people to marry will weaken heterosexual marriages – disrupt their “unit cohesion,” if you will.

But if folks in the military can somehow learn to deal with gay and lesbian troops who live and fight alongside them every day, then surely straight couples can absorb the blow inflicted by living in the same society as same-sex couples.

Sometimes the argument is pitched at a slightly more sophisticated level: While marriage equality won’t immediately affect heterosexual couples, in the long run it will change the message of marriage by suggesting that the biological connection between parents and children isn’t important.

Maggie Gallagher is perhaps the anti-equality spokesperson most associated with this argument, but I’ve also heard it made during litigation. For example, during oral argument before the Iowa Supreme Court, the state’s dramatically unsuccessful effort (7-zip) to block equality leaned almost exclusively on a version of that argument.

Courts, though, are rarely impressed by such abstract arguments – especially when they carry more than a whiff of desperation. You’ll notice that the anti-equality forces haven’t been especially vocal about opposing adoption, surrogacy, or no-fault divorce laws, all of which of course sever the biological connections between parents and their children.

Nor do they acknowledge that marriage sends a bunch of other messages, too – including that one about commitment and the raising of children, together.

Against these arguments stand the obvious and debilitating discrimination against all of us – those who’d marry if we could, and those who wouldn’t but who are constantly reminded of our second-class citizenship. Faced with the balancing of that ledger, any self-respecting court should require sounder arguments for the continued exclusion of LGBT couples from the institution of marriage.

And recently, they have: Supreme Courts in California (pre-Prop 8), Massachusetts, Iowa and Connecticut have all read their state constitutional guarantees of equality to require the issuance of marriage licenses to same-sex couples.

Are there other arguments against marriage equality?

Not good ones.

Even Justice Scalia admitted, in his dissent in Lawrence v. Texas, that the marriage-procreation link isn’t a reason (we don’t require proof of reproductive capacity), and the related arguments that opposite-sex couples “need” marriage because only they can procreate “accidentally” (Oops! I Procreated Again!) is just plain dumb (even though it was accepted by the highest courts in both Washington and New York).

Religious arguments, of course, have no place in a public debate (for one thing: whose religion controls?)

So we’re left with this kind of discomfort with marriage equality – that somehow it will affect straight marriages, however indirectly and over time. Once this “unit cohesion” argument falls in the military setting, its demise in civilian life should be briskly achieved. Let’s begin to press this argument.

John Culhane is Professor of Law and Director of the Health Law Institute at Widener University School of Law in Wilmington, Delaware. He blogs about the role of law in everyday life, and about a bunch of other things (LGBT rights, public health, science, certain sports, pop culture, music, philosophy and lots of personal stuff) at: http://wordinedgewise.org. A fuller bio can be found here. He can be reached via email at: johnculhane@comcast.net.

Day One: Prop 8 trial saw some humor, lots of heart

(San Francisco) The trial to challenge Proposition 8 in federal court got underway Monday in San Francisco, but the opening acts were upstaged in Washington, D.C. just minutes before the proceeding began.

U.S. Supreme Court Justice Anthony Kennedy asked the full court to weigh in on the fairness of allowing videotaped …

Ruby-Sachs: Justice Department Will Pursue LGBT Discrimination Claims

The head of the Civil Rights Department of the Justice Department announced today that he is making the pursuit of claims by LGBT Americans a priority for his office. Specifically, Tom Perez said,

“We must fight for fairness and basic equality for our LGBT brothers and sisters who so frequently are …

President Obama to Bestow Presidential Medal of Freedom on Harvey Milk

Equality California Urges Governor to Sign Harvey Milk Day Bill into Law

San Francisco – Today President Obama announced that he will honor assassinated civil rights leader Harvey Milk with the Presidential Medal of Freedom, the nation’s highest civilian honor recognizing significant contributions to the nation and the world. The President will also honor Senator Edward Kennedy and tennis legend Billie Jean King, an open lesbian and longtime champion for the rights of the lesbian, gay, bisexual, and transgender (LGBT) community, with the Medal of Freedom on August 12.

“President Obama understands that Harvey Milk’s legacy reaches far beyond San Francisco, and that his story is an inspiration to everyone who believes in equality and fairness,” said Geoff Kors, Equality California (EQCA) executive director. “Harvey Milk risked everything to change the course of history and to secure many of the civil rights and protections we enjoy today. In light of Harvey Milk receiving this incredible honor, we urge Governor Schwarzenegger to sign the Harvey Milk bill into law as a tribute to Harvey Milk’s courageous work to end discrimination against the lesbian, gay, bisexual and transgender community.”

Last year, EQCA sponsored the first bill in the country to officially honor Milk, the nation’s first openly gay man elected to major political office, but the Governor vetoed it. Senator Mark Leno (D-San Francisco) introduced the Harvey Milk Day bill, sponsored by EQCA, again this year. The legislation would require the governor to annually proclaim May 22 as Harvey Milk Day, designating it as a “day of special significance,” to recognize Milk’s work to secure equal protections.

Equality California (EQCA) is the largest statewide lesbian, gay, bisexual, transgender-rights advocacy organization in California. In the past decade, EQCA has strategically moved California from a state with extremely limited legal protections for LGBT individuals to a state with some of the most comprehensive civil-rights protections in the nation. EQCA has passed over 50 pieces of legislation and continues to advance equality through legislative advocacy, public education and community empowerment. www.eqca.org

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Human Rights Campaign Calls on the LGBT Community and Allies to Participate in National, Grassroots Push to Lobby Congress Face-to-Face

The Human Rights Campaign, the nation’s largest lesbian, gay, bisexual and transgender (LGBT) civil rights organization, today launched a national, grassroots campaign called “No Excuses” to demand action from Congress on key issues of equality. Designed to take advantage of the congressional summer recess, when members are in their local offices and meeting with constituents, “No Excuses” will mobilize HRC’s 750,000 members and their allies to meet directly with lawmakers and push for federal legislative change. Members and supporters can get involved by visiting: http://noexcuses.hrc.org.

“While we salute and acknowledge the heroic members of Congress who have worked tirelessly on our behalf, far too many have dragged their feet on basic matters of fairness and equality that have lingered too long and hurt too many LGBT people and their families,” said Human Rights Campaign President Joe Solmonese. “Yes, there are many challenges facing this Congress and this president. But LGBT people often face additional hardship protecting their families, their loved ones and their jobs, and too few in Congress are willing to champion these issues of basic fairness. Now, more than ever, members of the LGBT community need to make their voices heard face-to-face and in the districts where they live.”

Using innovative online tools, one-on-one trainings and staff and volunteer follow-through, HRC members will press lawmakers to end discrimination in the military, treat all legally married couples equally, pass immigration reform that recognizes and honors LGBT families, outlaw workplace discrimination for LGBT employees, and treat all federal employees’ compensation equally.

The interactive “No Excuses” website allows supporters to download a meeting toolkit, schedule a meeting and report back on how it went. To take action, visit: http://noexcuses.hrc.org.

The in-district meetings will focus on the following key legislative priorities in the 111th Congress:

–Repeal the Defense of Marriage Act (DOMA), which denies legally married lesbian and gay couples more than 1,000 federal protections;

–Prohibit workplace discrimination for the LGBT community by passing an inclusive Employment Non-Discrimination Act (ENDA);

–Repeal “Don’t Ask, Don’t Tell” to ensure that service members who contribute to our nation’s security are no longer summarily discharged for who they are;

–Pass immigration reform that recognizes permanent same-sex couples and ends the painful separation of families;

–And provide health benefits equally to the nearly 3 million federal government employees, including same-sex domestic partners.

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Human Rights Campaign PAC, Gay & Lesbian Victory Fund Endorse Anthony Woods For U.S. Congress

The Human Rights Campaign PAC, the nation’s largest lesbian, gay, bisexual and transgender civil rights organization, and the Gay & Lesbian Victory Fund, which works to grow the number of openly LGBT elected officials across the U.S., announced today the endorsement of Anthony Woods for U.S. Congress. Woods, who is running in the September 1 Special Election for California’s 10th Congressional District, earned the Bronze Star after serving two tours in Iraq in the U.S. Army. He was honorably discharged after challenging the military’s “Don’t Ask, Don’t Tell” law.

“The Human Rights Campaign is proud to endorse Anthony Woods, a veteran of the Iraq war and steadfast advocate for our community, to become the next U.S. Congressman from California’s 10th district,” said Human Rights Campaign President Joe Solmonese. “Anthony hasn’t just shown his support on issues of LGBT equality, he’s lived them — especially the repeal of ‘Don’t Ask, Don’t Tell.’ Anthony’s support of marriage equality will also be important as we work to repeal Proposition 8, which stripped marriage rights away for California’s same-sex couples. There is no doubt that Anthony will be a role model for LGBT youth, and we applaud his continuing service to our country.”

“Anthony Woods is an exciting candidate with a tremendous record of accomplishment. He’s also running an impressive campaign. Anthony has assembled a solid campaign team that understands what it will take to win this extremely competitive race. We need more leaders like Anthony Woods in the U.S. Congress, so we are proud to endorse him,” said Chuck Wolfe, president of the Gay & Lesbian Victory Fund. “His will be an authentic voice not only for the people of California’s 10th Congressional District, but for the millions of Americans for whom the promise of equality remains unfulfilled.”

“I am honored and proud to earn the support of Human Rights Campaign and the Gay & Lesbian Victory Fund,” said Anthony Woods, candidate for California’s 10th Congressional District. “They’re working to make sure America lives up to its promise of equality under the law, which is something I’ll fight for in Congress.”

Anthony Woods was born and raised in Fairfield, California. He is a graduate of West Point and earned his masters degree from the Kennedy School of Government at Harvard University. In addition to his years of service in the Army, Woods has worked on economic policy issues in both the public and private sectors. To learn more visit: www.AnthonyWoodsForCongress.com.

The Human Rights Campaign is America’s largest civil rights organization working to achieve lesbian, gay, bisexual and transgender equality. By inspiring and engaging all Americans, HRC strives to end discrimination against LGBT citizens and realize a nation that achieves fundamental fairness and equality for all.

The Gay & Lesbian Victory Fund is the only national organization dedicated to increasing the number of openly LGBT elected officials at all levels of government in the U.S.

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Another front for fairness

AT A HEARING at the State House last week, supporters of a bill to ban discrimination on the basis of gender identity and expression outlined the myriad barriers that confront transgender people – those who are born male but live as females, or vice versa. Unlike those whose religions or sexual orientations expose them to discrimination, transgendered people might not be able to avoid the issue when applying for jobs, apartments, or loans. The truth may become evident from a check on a Social Security number or a search of credit reports.

Transgender advocates aren’t looking for sympathy. The goal of the legislation, introduced by Representative Carl Sciortino, is to give transgender residents of Massachusetts space to live without discrimination or violence. The bill responds sensibly to a real problem, and deserves to pass.

Transgender people don’t make the transition lightly; many, though not all, undergo gender-reassignment surgery. The case of Dana Zircher, profiled recently by the Globe’s Bella English, underscores the difficulty of the process, even when individuals have supportive families and employers. Zircher, a software designer and a parent, has undergone a divorce, surgery, and 350 hours of electrolysis.

Instead of addressing the complexities of actual people’s lives, though, opponents are trying to undermine Sciortino’s legislation by calling it a “Bathroom Bill.’’ The difference between a transgender woman and a man who wants to infiltrate a ladies’ room is perfectly obvious, at least to anyone who is not deliberately obfuscating the issue. The difference would surely be obvious to police officers and judges. Thirteen other states, including Vermont, Maine, and Rhode Island, and dozens of cities, including Boston and Cambridge, already forbid discrimination against transgendered people – and public washrooms are as safe as ever.

See Another front for fairness

Boston Globe

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Minister defends decision not to fund gay arts festival

OTTAWA — Industry Minister Tony Clement says his government had to consider “regional fairness” when doling out stimulus money to big tourism events – and that’s why a gay arts festival in Montreal didn’t make the cut.

The organizers of Montreal’s Divers-Cite festival, which features gay and lesbian performers from around the world, said they were shocked to find out this week that their application for funding under the new program had been rejected.

They had been told by bureaucrats they had met all the rigorous criteria for their $155,000 bid – a fact not disputed by the government.

Director Suzanne Girard had initially scoffed at suggestions that ideology might be at play in handing out grants, but now says she suspects politics were involved.

After some Conservative caucus members complained last month that Toronto’s Pride Week had received $400,000, junior tourism minister Diane Ablonczy lost responsibility for the file.

But Clement said Wednesday there had been an “avalanche” of applications under the $100-million Marquee Tourism Events Program and decisions had to be made.

See Minister defends decision not to fund gay arts festival

The Canadian Press

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