Rainbow celebration needs to fuel fresh momentum in the long struggle to create societies that take consent seriously

Photograph: Rainbow American via photopin (license) (cropped)

In two terms, mired in partisan politics bitterly divided between Liberals and Conservatives, US President Barack Obama has struggled to give his administration a definitive identity. A pair of Supreme Court (SCOTUS) rulings from the past week have certainly helped make that task a little easier.

The first Supreme Court ruling ensured the continued existence of Obama's flagship healthcare reforms, for the near future at least (Roberts & Jacobs, 2015). The ruling decided that the Federal government could deliver its affordable health insurance plan in all fifty states.

The second ruling confirmed equal marriage as a constitutional right (Roberts & Siddiqui, 2015). That means that in all fifty states same-sex couples will have the right to marry, and that marriages from other states have to be recognised.

These rulings, lauded as successes by Obama (Jacobs, 2015), have been heralded as a triumph for liberalism and individual freedoms, over the conservatism of the established social order. Along with having earlier overseen the end of the ban on openly gay military service (McVeigh & Harris, 2011), these rulings have made civic equality into a major theme of the Obama administration.

Although there clearly is still resistance, some of which has been aggressively intolerant (Butterworth, 2015), people will adapt. But that doesn't mean that the work is over. Combined, these steps have established a new social plateau, which represents a renewed acknowledgement of the rights of consenting adults to live on equal terms with their peers. Yet, those who have won equal marriage will still face discrimination and legal hurdles (Roberts and Siddiqui, 2015; Buncombe, 2015).

Though by themselves these rulings are huge victories for human rights, civil rights and individual liberty, they also represent smaller parts of a broader human struggle, towards the attainment of respect for consent as a central human value.

The ideal of a representative democracy is based around consent. Government by the consent of the governed, laws created with the consent of those who have to abide by them, economics with the consent of the community, and social interactions with the consent of the participants.

Without the removal of coercion and fear, whether from economic conditions in which you cannot afford to get ill or from social conditions where you cannot openly define your own identity due to discrimination, there can be no civic participation on the basis of consent. Without liberty from coercion and fear, there can be no free choices.

To get there, the Supreme Court rulings need now to be the inspiration for the next step (Thrasher, 2015). They are breakthroughs in their own right and just cause for celebration, but that energy and solidarity needs to be poured into renewed motivation to keep moving forward.

References

Dan Roberts & Ben Jacobs' 'Obamacare upheld by US supreme court as conservative justices rescue law'; in The Guardian; 25 June 2015

Dan Roberts & Sabrina Siddiqui's 'Gay marriage declared legal across the US in historic supreme court ruling'; in The Guardian; 26 June 2015.

Ben Jacobs' '"Love is love": Obama lauds gay marriage activists in hailing "a victory for America"'; in The Guardian; 26 June 2015.

Karen McVeigh & Paul Harris' 'US military lifts ban on openly gay troops'; in The Guardian; 20 September 2011.

Benjamin Butterworth's 'Same-sex marriage: Do spare a thought for all the homophobes whose marriages now mean nothing'; in The Independent; 26 June 2015.

Andrew Buncombe's 'Gay marriage: Seven key things to know about Supreme Court ruling'; in The Independent; 26 June 2015.

Stephen W Thrasher's '"We did it, babe!" – love won the day on the same-sex marriage decision'; in The Guardian; 26 June 2015.