Written By Tracy Emblem,
Democrat, 50th Congressional District for Congress; written for Lezgetreal.

The Civil Rights Act of 1964 was a landmark act which had far reaching effects protecting people’s constitutional rights against racial segregation.In 1967, the United States Supreme Court in Loving v. Virginia struck down Virginia’s “Racial Integrity Act of 1924” ending all state race-based legal restrictions on marriage in the United States.

Currently, some states allow same sex couples to enter into civil marriages while others do not. On a federal level, in 1996, Congress passed the Defense of Marriage Act known as DOMA, which provides that no state needs to treat a relationship between persons of the same sex as a marriage, even if the relationship is considered a marriage in another state.

DOMA is blatantly unconstitutional because it violates the “full faith and credit” provision in Article IV, Section 1 of the U.S. Constitution which states: Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. It also violates the “equal protection” clause of the Fourteenth Amendment which requires equal treatment for all individuals.

There is nothing more fundamental then forming a family with the person you love. Yet, DOMA bars the federal government from recognizing same sex marriages and denies the same federal rights provided to “traditional” couples such as joint tax returns, Social Security survivor benefits, survivorship and inheritance, veteran’s pensions, just to name a few. Even now, hospitals are not mandated to offer hospital visitation rights for same-sex couples and they are not required to fully honor medical directives.

Loving v. Virginia did not release a flood of litigation or force any religious institutions to marry inter-racial couples. Likewise, because of the separation of church and state provision guaranteed by the First Amendment, no religious institution would be forced to marry same sex couples.

In striking down Virginia’s state law as unconstitutional, the Supreme Court concluded, “There is patently no legitimate overriding purpose independent of invidious racial discrimination which justifies this classification.”

Forty-three years later, there is likewise no overriding legitimate purpose for prohibiting same sex couples the basic human right to marry and form a family — DOMA is unconstitutional.

As President John F. Kennedy said, “In giving rights to others which belong to them, we give rights to ourselves and to our country.”

As a society, we should consider amending the Civil Rights Act of 1964 to include the words “sexual orientation” and “gender identity” placed next to the words “race and gender.”

Comment  by Melanie Nathan:-As my readers know, I avidly advocate for LGBT  Equality to find its home a Civil Rights Amendment – hence my delight at receiving this Article from Candidate Tracy Emblem, a Democrat Running for US Congress in  San Diego’s 50th Congressional District Primary against Francine Busby, Democratic candidate who lost three previous bids against the Republican incumbent, Rep. Brian Bilbray , R-Solana Beach.

This Primary is turning out to be an exciting race for a number or reasons; Emblem is a fresh face, described in local press as an upstart to spice up the primary and while fresh on the  political scene is clearly as savvy as her extensive success as an appellate attorney indicates.

Tracy Emblem is an appellate attorney who has lived in Escondido since 1964. She received her law degree from National University School of Law in 1989, after working at the California Attorney General’s office, writs and appeals division. Working closely with her longtime husband, attorney Thor Emblem, she supervises the civil research on the firm’s major cases and has authored numerous civil and criminal writs and appeals which have been published in the California courts.

Known for solving seemingly impossible cases, special writs of habeas corpus, Tracy Emblem’s work earned her acclaim including a guest appearance on CNN’s Larry King Live. She received the San Diego Defender Board of Directors Distinguished Advocacy Award and an Outstanding Advocate Award from the Consumer Attorneys of San Diego for her effort and work that freed an innocent man. Her professional successes can be attributed to her hard work and perseverance.

After interviewing  both Democrat Primary candidates, I was clear they are both supportive of LGBT equality.  Both promised to support specific legislation such as the Repeal of DOMA,  Immigration reform that includes UAFA. Realizing that the best candidate will be the one more assured of beating Bilbray.

This prompted me to call on local Democratic voters; to local democrats, and the consensus was as that although Busby  had more financial support and had name recognition, her previous inability to beat the incumbent may well serve against her.  While Emblem has less visibility, her labor endorsements are likely to bring many voters to the primary on her behalf.

As far as the LGBT community is concerned – LEZGETREAL suggests voting for the candidate who will beat Bilbray the Baddy!