Last week over breakfast, our foreign exchange student announced that, on BART, she saw her first gay person.

I snickered a bit privately, since she’s seen way, way, way more than that. But I wanted to hear her story.

She said that, in her country, being gay is bad. That two women kissing on the train is not okay.

I braced myself for what came next and held my breath because the kids were listening. We have a friend who is transgendered and my children think such humans are just another kind of friend to have. In fact, the youngest doesn’t know and assumes, as he should, that our friend is a man because he’s a man. Of course, Butter’s three and thinks most of the trucks on Bob the Builder are female. So he’s clearly not attuned to conventional gender clues yet. But I didn’t know for the first few months of my friendship, either, and learned about Adam’s apples the interesting way.

We haven’t talked to our kids about what it means to be gay or lesbian, in part because gender is something children notice early, but discussing homosexuality involves ideas about attraction and marriage and being more than friends, which are by nature more mature than my children are. They know every family is different, and that some families have kids but some don’t; some have two adults in the family, some don’t; and that the families with two parents might consist of a man and a woman, a man and a man, or a woman and a woman. They know that we really like that different types of people bring different ideas and the more ideas you hear, the better you can choose what you believe.

So when Rosí announced that in her country bring gay is bad, I was prepared to stop her so we could continue later. Her opinions and experiences are valid, but they’re not always appropriate for small children.

“Yes,” she continued. “In my country this is very bad. But I think killing is bad. This? Kiss? Do you say ‘kiss’ in this way? [Yes, but you can say ‘kissing’, too.] This is love, right? And love is good. So I don’t like what they do, and I don’t think it’s right. But it’s not wrong.”

I have to say, I was impressed. I asked my eldest if he understood what we were talking about.

“Do you know the word ‘gay’?” I asked. “You know the families we know with two dads or two moms? The word for having a partner who is the same gender as you is ‘gay’.”

He nodded. “I know.”

“So she’s saying that, in her country, people believe wanting to be a family with someone who’s the same is bad. But she thinks hurting is bad, and that loving is good. What do you think?”

“Well, yeah,” he said. “Kissing is only bad if the other person says ‘stop’.”

Well, damn, readers. He just covered equality and respect in one answer.

These are good, open-minded kids I have. The two I raised and the one who just arrived three weeks ago. May they always kiss people who say “yes.”

[I haven’t talked with our guest yet about the Supreme Court decisions of last week. But when the boys and I heard on the radio, on the way to school, that the justices said the federal government can’t invalidate a legal marriage by withholding spousal benefits, and that the people in California who don’t like gay marriage have no legal standing on which to contest it, I sobbed as I explained to my children how important it is for a country to say that all people are legally the same. Of course we’re not the same. But legally, all people have the same rights. I told them how important it is to know that not liking something is not the same as being hurt by it. And that not understanding something is a reason to find out more, not to pass laws. It’s never too early to train the next generation of legislators, executives, and justices.]

activist judges

So if a court, especially the Supreme Court, makes a ruling you disagree with, it’s activism? It’s legislating from the bench? Just because you disagree? Ever consider that those judges are professional legal scholars and you aren’t, and it’s their job to decide if what we do is legal? If a majority of Americans come together and vote for a law that goes against the Constitution, against everything the country was founded upon (say, for instance, Jim Crow separate but equal, or modern, homophobic separate but equal), then it’s the Court’s fault when they strike down that law? By judging a law unconstitutional, the judiciary does not create laws. They are not legislating. They are judging. It’s their job. And if you don’t like what they decide, you can’t just raise the specter of out of control judges by saying they are legislating. It’s simply not true. Declaring a law unconstitutional says that the people are simply not allowed to make the law they made. It’s judges’ job to decide if what we do is legal.

But if you say that’s activist judges at work, whatever. I mean, I’ve disagreed with the Court’s findings before, and will again. But I don’t consider their decisions activism. I consider their logic flawed and their opinions wrongheaded. But I know they vote exactly the way we could have predicted them to, since their logic is usually the same throughout their career, and their wrongheadedness consistent. That’s why Presidents choose the justices they do.

It seems more than a little ignorant to say that voters can pass laws in favor of slavery, or bigotry, or inequality and expect that Justices will uphold those laws.

btw, Prop 8 has nothing to do with religious freedom. Prop 8 amends the California State Constitution to take away a right that all Californians have. It uses the will of the many to exclude a few. And that’s unAmerican. Not religious or free. That’s ignorant hatred of people who are different than you are. There is no separate set of rules for the majority or for the minority. We all get the same treatment. That’s the point.

Here’s a little secret. If you open your mind to new ideas, it’s not as though your brains will fall out of your head, or that your old opinions will go away. Consider the new ideas. And if you don’t like them, discard them. But for heaven’s sake, just try the ideas out for a little while. You might be surprised at what you find.