"Gay is the new black." I encountered this witty t-shirt slogan for the first time a few weeks ago, and I think it very nicely delivers an important message: civil rights are civil rights, no matter who you are.

Now, certainly, the social struggles of blacks and homosexuals in America are far from identical - the historical weight of slavery in this country is a burden without equal in the history of oppressed people struggling for equality. However, there are similarites in the obstacles faced by out gay men and women to those which precipitated the African American civil rights movement. Gays and lesbians have been discriminated against in hiring and promotion; they have experienced hate crime and public reproach for daring to expect equal status and recognition of their identities; they have been treated as unwanted members of society, an unclean caste. The terror of AIDS in the 1980's, coupled with its perception as the "gay disease" (an impression re-enforced in the propaganda of religious firebrands) did a great deal to support that last position.

A great deal of progress has been made in assuring legal protection for gays and lesbians, and at the same time, society has become more accepting of different sexual orientations. Homosexuality found it's way into the popular culture in television and movies, though it is still very often presented in near-caricature. Celebrities have lent their status to increasing acceptance, as WNBA basketball star Sheryl Swoopes did when she came out this past October, a courageous decision in the still-often-homophobic world of professional sports.

But it is not enough to be satisfied with the progress that has been made so far. The issue of gay marriage has only recently emerged in the national spotlight, but its seeming novelty as an issue is absolutely no excuse to consider it unimportant. That gays deserve identical status to heterosexuals in all legal contracts, including marriage, is a Constitutional - and moral - no-brainer. That the Democratic Party, which in the 1960's came to define itself as the party of civil rights, has not taken up this cause whole-heartedly is a shame and an embarassment.

For now, progress on this issue comes in the form of periodic court victories. The latest was in my home state of Maryland, where Baltimore City Circuit Court Judge M. Brooke Murdock ruled that a law barring same-sex couples from wedding in Maryland violated the state constitution. The judgment is suspended pending appeal.

The published opinion (available online here) dissected the arguements of the state with surgical precision. On the arguement that same-sex marriage bans are not discriminatory, because all men are free to marry all women and vice versa, the judge concluded thusly:

"This Court finds that the equal application theory fails as a matter of law because it is inherently illogical as a matter of fact."

On the arguement that a discriminatory law can be allowed if it serves a particular state interest, Judge Murdock wrote:

"...these assumptions are not rational speculation, they are broad unsupported generalizations that do not establish a rational relation between same-sex marriage and the State's interests in promoting procreation, child-rearing, and the best interests of children."

On the arguement that the demands of gay couples could be adequately met with civil unions:

"If these ancilary statutes make a married couple and a non-married couple essentially equivalent with respect to the effects of marriage, there is simply no rational reason to prevent the marriage."

In the 2004 election, 11 states voted by referendum on constitutional amendments banning gay marriage. All of these initiatives passed. Public opinion in America remains largely against gay marriage. As with the civil rights struggles of the past, it is in the courts where progress will be made, at least for the time being. Ultimately, though, it is the responsibility of Congress and the state legislatures to enshrine protections. Before equality is fully realized, gay marriage will have to face more battles in the political realm, and fare better than it has done in the past. This demands the unwavering support of the Democratic party. It also demands that each of us take a strong stand: the protections of marriage are not special rights, they are basic rights. To discriminate against individuals based on who they chose to marry - whatever the justification - is wrong. Gay is the new black - and discrimination is ugly, whoever the victim may be.