CHIEF JUSTICE REHNQUIST: --If you prevail, Mr. Smith, and this law is struck down, do you think that would also mean that a State could not prefer heterosexuals to homosexuals to teach kindergarten?
PAUL M SMITH: --I think the issue of... of preference in the educational context would involve very different criteria, Your Honor, very different considerations, the State would have to come in with some sort of a justification.
JUSTICE SCALIA: A justification is the same that's alluded to here, disapproval of homosexuality.
PAUL M SMITH: Well, I think it would be high... high problematic, such a custody case.
JUSTICE SCALIA: Yes, it would?
PAUL M SMITH: If that were the only justification that could be offered, there was no some showing that there would be any more concrete harm to the children in the school.
JUSTICE SCALIA: Only that the children might... might be induced to... to follow the path of homosexuality.
And that would not be... that would the not be enough?
-- Lawrence v. Texas orals (2003)
Shortly before the mayor and Harvey Milk was killed in 1978, California voters rejected a statewide measure that would have targeted gay teachers. It was broad enough that even heterosexuals sympathetic to their rights could be fired as well, but anti-gay measures these days (such as against marriage-lite provisions and non-married couples adopting) do the same thing. It's sometimes hard to selectively discriminate without having overlap. Then, again, you don't need crystal clear means to do that. Gay teachers still were targeted without such blunt instruments against them.
[Update: Checking this review, it is underlined how this film works and is important on various levels.
Two things. One, it is a very educational film in that it shows a view of things that many simply are not aware of, including details those friendly to the cause don't know much about. While watching it, this came to mind -- in part simply by where I live and so forth, I "see" things differently than many others. Second, Milk was a coalition building sort. Early in the film, we learn the gay community's support of a boycott helped get them union support. And, his business acumen factored into endorsements. This unity, even for groups strongly in support of a certain cause/people, is soooo important.]
Milk, besides adding to the clear favorites for Best Actor nomination, is a very good film. Those of the era, including those portrayed, found it well done. Progressive activist sorts also have much to love. As do romantics. It is well acted and put together, the director also choosing to make it somewhat more "mainstream" (some felt it too much so, but not moi) than his other works. Overall, it is a powerful look at both an era and a particular man doing some good in it.
Current events, especially an anti-gay California measure strongly supported by certain religious groups, of course give the film a special force. Not that support for basic human decency and rights in general does not bring up deep emotions. For instance, sorry, Rick Warren was brought to mind. His sort of rhetoric dehumanizes gays, causing behavior he will be sure to oppose to be oh so much easier to come about. So, yeah, giving him a special role, using him of all people to be one of two main people to thank and appeal to God, is disgusting.
It matters a bit more than some wish to accept. This film underlines other things are more immediately important, though Milk also opposed going it softly, even if he had to oppose people that were said to be on his side. So, he and his supporters probably would not just be silent because Obama is a good guy generally. Since things are still not so great, and going it slow also will be repeatedly be the mantra now, that lesson should be taken as well. The film teaches the lessons of politics, including such things as how district lines are drawn, but making noise and not being silent is also a basic theme.
But, his basic human decency is what shined throughout. An Academy Award winning documentary on Milk could be the best way to find out about that, but this film helps. It should probably be nominated for Best Picture, especially in a somewhat thin year. Oh well ... good start of film viewing for '09.