George,

Ron Hasson's ruminations in his recent Observer editorial ("the politics of 'gay' ") on Sen. Santorum's remarks, gays in Charlottesville, and the "proper" way to fight civil rights battles are distinctive for the two things they lack: knowledge and historical perspective.

Never mind that he says "the Senator was right" about sodomy laws. My concern is with the editorial's contention that the Supreme Court shouldn't look at the issue and that activists shouldn't look for judicial redress to particularly heinous state laws. There are a few late lawyers, e.g. Thurgood Marshall and Charles Houston, that would roll over in their graves if they saw Hasson's naïve explanation of the role of the Court in civil liberties.

Let's take Hasson's own words, but we'll substitute the word "miscegenation" (for those too young to know, that's the way old state laws referred to the marriage of a black person to a white person) for "sodomy" and "civil rights" for "gay." Here's how his editorial, in part, would read:

"Without a Constitutional amendment, miscegenation laws are the prerogative of state and local governments, not the federal courts. The 10th Amendment clearly applies to some degree, which leaves to the state any jurisdiction not spelled out in the Constitution…[P]reventing a state from keeping a miscegenation law on the book based on the argument that such acts are between "consenting adults" does leave the door open for other laws to be struck down. Courts don't write laws, and civil rights activists should stop wasting court time trying to circumvent our government…You get your state leaders to bring legislation to change the code; let your representatives debate it in the fashion the leadership determines, and you live with the outcome."

Yes, Mr. Hasson, there were a lot of people who thought that way back in the 50's and, if they had prevailed, we wouldn't have had Loving v. Virginia (the case that overturned miscegenation laws), nor would we be faced with that onerous Brown v. Board of Education.

I'm not saying gay rights battles are altogether the same as civil rights (as in race relations) struggles. But in many ways they are, and if going to the courts to right the wrongs of despicable legislation was good enough for Thurgood Marshall and the NAACP, it's good enough for the gay community as well.

And oh, by the way, (1) I do have a Human Rights Campaign symbol on my bumper, and I'm not trying to hide my gayness - just trying to advertise a good organization worthy of support; and (2) there is an existent gay community in Charlottesville. Mr. Hasson need only open his eyes - after he opens his mind.

- Jim Heilman (electronic mail, May 7, 2003)