History Made in the NFL

Michael Sam drafted in the 7^th round; becomes first openly gay player 

As people around the country were tuning in to the National Football League draft extravaganza that took place May 8-10, there was a little more interest than usual in the 2014 version than in previous years.  For in this cycle, there was the possibility (and hope) that an openly gay man, Michael Sam, a defensive end who was a star at the University of Missouri, could have his name called by an NFL team and break the rainbow barrier to become the first ever openly gay man to play in the nation’s most lucrative professional sports league. 



After 248 out of 256 players heard their names called  during the otherwise tedious process that will dramatically change these young men’s lives, hope began to melt into concern and then rationalization as the 7^th and final round was slowly progressing and still no word of Michael Sam, 24, from Hitchcock, Texas.  
 

Will the NFL do the right thing or are the executives still not as progressive on social issues as many of their players?  Is Michael Sam really too slow to be a linebacker and even at 6 foot 2, 260 lbs. too small to be a defensive end in the pros based on a series of physical tests that had taken place at a rigorous audition known as the combine?  Will any team take the risk of having a gay player and potentially cause a distraction in the locker room?  Will the media cause its own distraction?

Analysts at ESPN who dutifully provided all the insight one would want (or could take) during the three-day draft proceedings also speculated on whether or not Sam had the right stuff.  The first-team All-American and 2013 Southeast Conference Co-Defensive Player of the Year did not have the “numbers” or the size or quickness to be a likely draft pick.  Moreover, some team scouts told the media anonymously that when Sam disclosed his sexual orientation in an interview with ESPN in February, his stock had fallen. 

The in-draft analysts on ESPN, nonetheless, effusively praised Sam’s character and work ethic and “motor”.   Sam should be taken in the draft if a team a club needs a special team player or a pass rusher, they opined, and they encouraged his rooters that even if not drafted, he could be invited to a team’s training camp and be signed as an undrafted free agent as 47 did last year.  A development like that could even be more beneficial to him.

Yet something akin to a Hollywood script unfolded.  As the number of available picks was perilously dwindling to a precious few late Saturday afternoon—only eight remained—Michael Sam received the phone call from St. Louis Rams head coach Mike Fisher.  “You are a Ram,” said Fisher. “The wait is finally over.”

Sam was seen on ESPN breaking down and sobbing at the news in real time, barely audibly thanking Fisher. He was in the arms of his boyfriend Vito Cammisano, and then they kissed for several moments—something ESPN did not cut away from as one would have expected not that long ago.

“This is a football decision,” Fisher said. “We are very, very comfortable with everything about him”—high praise indeed.  “We weren't going to miss the opportunity to add an outstanding player to our roster,” he added.

St. Louis is a good fit for Sam as it is only a two-hour drive from Columbia, MO where Sam excelled at the University of Missouri.  People are familiar with him and he is well respected there.

Reactions were mostly positive, and they poured in from everywhere.  The President of the United States weighed in.  “From the playing field to the corporate boardroom, LGBT Americans prove everyday that you should be judged by what you do and not who you are,” Obama said. He also congratulated the NFL and the St. Louis Rams.

The historic breakthrough was not lost on LGBT civil rights leaders.  “We congratulate Michael Sam and the St. Louis Rams on their terrific decision to draft him,” said Human Rights Campaign President Chad Griffin in a statement. “Today, LGBT young people can look to Sam as proof that being open and proud of who you are doesn’t keep you from achieving your dreams.  Gay people are our neighbors and friends.  They’re our United States Senators and, starting today, they're our professional football stars.”

Although he was drafted by the Rams, Michael Sam is not guaranteed to make the team.  But it is a trail blazing moment as was the signing of out NBA player Jason Collins earlier in the year.  With pressure mounting on the NFL to present a better image and the encouragement from its commissioner Roger Goodell, Sam’s ability and heart plus overwhelming support from fans and the media, Sam should succeed.

Equality Wins!

Supreme Court strikes down DOMA, reverses Prop 8

On the 10^th anniversary of the U.S. Supreme Court’s ruling that struck down sodomy laws in Lawrence v Texas, June 26, 2013 turned out to be another seminal landmark in the history of LGBT rights.  By a 5-4 decision the Court struck down Section 3 of DOMA—the Defense of Marriage Act—on the grounds that it violated the equal protection clause in the U.S. Constitution.  

In the case, Windsor v the United States, DOMA was viewed by the majority of the Court, whose opinion was written by Justice Anthony Kennedy, as unconstitutional “as a deprivation of the equal liberty of persons that is protected by the Fifth Amendment.”  Justice Scalia was among three justices authoring dissents.

“By creating two contradictory marriage regimes within the same State, DOMA forces same-sex couples to live as married for the purpose of state law but unmarried for the purpose of federal law, thus diminishing the stability and predictability of basic personal relations the State has found it proper to acknowledge and protect,” wrote Justice Anthony Kennedy. “By this dynamic DOMA undermines both the public and private significance of state sanctioned same-sex marriages; for it tells those couples, and all the world, that their otherwise valid marriages are unworthy of federal recognition. This places same-sex couples in an unstable position of being in a second-tier marriage.”

The result is that same-sex couples who were married in states where such nuptials are legal, including Maryland, will be able to enjoy over a thousand Federal rights, benefits and entitlements that are accorded heterosexual couples. They include such Federal benefits as the right to file joint tax returns, federal pension survivors’, Social Security survivors’ benefits and many more.   Government agencies will be required to revamp their regulations to include legally married same-sex couples. 

With the Court’s decision to allow a lower court’s ruling to stand, which struck down Proposition 8 in California based on the equal protection clause, there are now 13 states plus D.C. where same-sex couples can marry. This represents jurisdictions covering over 93 million Americans.

DOMA was signed into law in 1996 by President Bill Clinton in which the Federal government was barred from recognizing same-sex marriages even if they were legal in certain states.  At the time, no such marriages were legal.

The second landmark decision that struck down Proposition 8 was based on standing that upheld the U.S. District Court of California’s ruling, authored by Vaughn Walker.  “We have never before upheld the standing of a private party to defend the constitutionality of a state statute when state officials have chosen not to,” read the majority opinion in Hollingsworth v. Perry authored by Chief Justice John Roberts. “We decline to do so for the first time here.”

By taking this approach, the Supreme Court nullified Proposition 8 in California but provided no opinion on the rights of states to ban same-sex couples from being legally married.  Observers characterize the Court’s decision as “punting.”  During the oral arguments in March, Justice Kennedy cautioned that the Court was entering “unchartered waters,” which signaled a more likely narrow ruling as opposed to a sweeping broader one, unlike the DOMA ruling.

Hundreds of equality supporters as well as a lesser number of opponents gathered around the Supreme Court building in sweltering heat and humidity cheering the news amidst a sea of rainbow colored flags and signs.  People came from all over the U.S. with some spending the night before to witness history.

“Today the married lives of same-sex couples in Maryland were made whole,” Carrie Evans, executive director of Equality Maryland, told me.   “We can now access the more than 1,000 protections the federal government provides to married couples. And with the ruling in the Perry case, marriage equality returns to California bringing us to 13 states and the District of Columbia that have marriage equality. We will continue our quest in the remaining 37 states until all loving and committed couples in the U.S. have access to marriage equality.”

HRC president Chad Griffin issued a statement that said in part, “Today’s historic decisions put two giant cracks in the dark wall of discrimination that separates committed gay and lesbian couples from full equality.”

Governor Martin O’Malley, who pushed marriage equality in Maryland, weighed in calling the rulings “a powerful step forward for those who live in states like Maryland.”

The White House issued the following statement: “I applaud the Supreme Court’s decision to strike down the Defense of Marriage Act.  This was discrimination enshrined in law.  It treated loving, committed gay and lesbian couples as a separate and lesser class of people.  The Supreme Court has righted that wrong, and our country is better off for it.  We are a people who declared that we are all created equal – and the love we commit to one another must be equal as well.

“This ruling is a victory for couples who have long fought for equal treatment under the law; for children whose parents’ marriages will now be recognized, rightly, as legitimate; for families that, at long last, will get the respect and protection they deserve; and for friends and supporters who have wanted nothing more than to see their loved ones treated fairly and have worked hard to persuade their nation to change for the better.” 

“This is a historical day for all gay and lesbians couples,” said Annapolis resident Kim Hinken. “My wife, Adri and I are overjoyed at the repeal of DOMA. Finally, the country recognizes our vows to each other as they do any couple. The legal protections that this ruling allows us will assure that we are seen as a legally married couple in the U.S.”