Wednesday, September 22, 2010

Is Gay Equality Equal?

A few days ago the Israeli Supreme Court issued a decision that forces the Jerusalem Municipality to fund the Gay Rights March organized by the local glbt (gay, lesbian, bisexual, and transsexual) organization - the Jerusalem Open House (Ynet report here, the full decision in Hebrew as a pdf file here). This decision is great news, I think, for anyone who supports glbt rights and equality. However, when I read the decision I felt troubled by it. In pragraph 54 of the decision, Justice Amit mentions that "the Israeli law regarding the gay community and its members reflects the changes that the Israeli society had gone through over the years. The Israeli society believes that the law must be indifferent to sexual orientation..." (my translation). Then Justice Amit goes over important milestones in the history of the gay struggle for legal equality in Israel and concludes, in paragraph 55, that "there's no wonder that scholars described the 1990's as the 'gay decade'... it should be mentioned that Israel's approach towards its gay population is one of the ways in which it proves it is a democratic and liberal state, unlike all other near and far states in the Middle East..." (again my translation).
Without addressing the motives of Justice Amit to compare Israel to its neighbors where such a comparison is completely irrelevant, these comments made me feel like Justice Amit, writing for the court, doesn't see glbt equality as a matter necessitated by a basic principle of justice. Rather, it is an expression of a public opinion that should be praised for its liberalism and acceptance. It should be appreciated.

And if you think that this is only an Israeli thing - yesterday the U.S. Senate voted against a bill that would allow to repeal the 'don't ask don't tell' policy of the U.S. armed forces (here). What I found amazing is not that the bill was repealed but that the bill itself made the repeal of the policy dependent on the outcome of a poll conducted by the Pentagon to survey the opinions of soldiers and find out if the change of policy would not hurt troop morale.

Somehow, glbt equality seems to be perceived as different from women's equality or racial equality. There were always people against them - but I don't think that those supporting them felt like they are doing someone a favor or that such equality depends on public opinion or the willingness of the voters to accept such equality. Is equality something that everyone deserves or does equality depend on the current beliefs of the crowd? Cause if equality should only be given to those who the public sees as equal - doesn't that make equality redundant? I mean, equality is worth something only if the political institutions are forced to provide equal rights to those that the public desires to discriminate. Otherwise, is equality a protection against discrimination at all? Is it even a right?

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