States Rights Is Not the Answer 13 July 2007Posted by Todd in Democratic Theory, Gay Rights, Gender, Inequality & Stratification, Multiculturalism, Race & Ethnicity.
In debates about abortion, gay rights, multiculturalism in general, the U.S. by virtue of the Constitution’s devolution of powers leaves open the argument that such decisions should be left up to the states to decide. However, for democratic societies, this leaves open the possibility of differentiated equalities depending on the state you live in. [The E.U. is currently having this problem with abortion (i.e., Ireland and Poland) and gay rights (i.e., Poland, Latvia, Estonia, Lithuania), where individual member-states are picking and choosing which of the human rights conventions they want to adhere to.]
When a group of people is set apart as a class by the society and fundamental human rights are taken away, your democracy is at best, “in process” and at worst a failure. Either you agree as a society that women/gays/ethnic minoriteis are FREE and EQUAL, or you don’t. Making it a “state based” issue means that you as a society have agreed that women/gays/ethnic minorities aren’t EQUAL and do not deserve EQUAL PROTECTION throughout your entire society.
In the U.S., kicking abortion to the states is a cop out to appease anti-abortion moderates who would be happy being able to control their own little backwoods corner of the world. And it leaves women out in the open without universal protection under the law, where their very status as citizens, their ability to choose their own embodied destiny, is not equal throughout the ‘democracy.’
As gay marriage is basically a state-issue at this point, notice how gay couples who travel to different states magically lose their standing once they cross the border, how companies who use out-of-state insurance are not bound by in-state laws requiring same-sex spouses by covered, how power of attorney and wills have to be made separately and strongly despite having a state-level union, because no other state is obligated, thanks to Bill Clinton’s caving to the fuckhead Gingrich on DOMA, to recognize the rights of gay citizens.
To be even more stark here, consider the state-by-state solutions to SLAVERY and JIM CROW.
State-by-state solutions on questions of the equality of citizens are by their very nature the source of inequality, the disenfranchisement of entire groups of people who then are confined to certain states that grant them a simulacrum of freedom and equality.