Relationship between Justice and Rights

Upon reading Ettelbrick's response to gay marriage rights and the relative importance and power granted to those in the sanctity of marriage, I began reflecting on the notion of Environmental Justice.  Ettelbrick explains that while the "right" to marry may be granted to gay men and lesbians, that does not entail that society grant gays the privileges and respect held by married heterosexual couples. The separation of rights and justice is also an overarching concern of minority groups, marginalized because of socio-economic status, gender, or race, as they face the effects of environmental degradation.  Zoning and the"Not In My Backyard" phenomenon results in the placement of environmentally hazardous processes and materials in low income or often predominantly African-American areas consisting mostly of women. Additionally, low-income housing is often built on land that was previously polluted and deemed to be "appropriate" for construction without proper analysis and enforcement. In class, we studied many examples of neighborhoods first becoming aware of their unjust exposure to toxic pollutants because of the massive amount of miscarriages occurring. Because of the ways toxins affected the body, women were most often the first ones to notice, because of increases in breast cancer rates, noticing skin rashes on children, and having difficulty getting pregnant and/or keeping the fetus alive.  These affected groups often respond by demanding representation amongst their local leaders and access to the political system.  Local and state government officials are pressured by these grassroots groups to visit the locations in question and view degradation and health impacts first hand. In many cases, local groups are granted access to the political system as their statements and desires are heard by those with decision-making power. However this is a huge disconnect between being granted the right to an audience with a politician and having the environmental justice, defined as the "meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies" (http://www.epa.gov/environmentaljustice/).  Attempts to access to actually influence decisions about their land and exposure have been mostly unsuccessful, with minor wins consisting of gaining the support of politically weak local leaders. 


Access to the legal system and the power to effect change in order to coordinate justice and rights discourse is vital to minority movements, including the gay rights movement, the women's movement, and  the environmental justice movement.  Justice is not met by granting a handful of rights by civil unions. It is only achieved when gay men and lesbian women no longer feel the need to be married to follow the status quo of society but can still be granted equal rights by engaging in partnerships rather than marriages. In the case that a couple desires to be married, they should be given federal rights to do so and should not feel shamed for somehow deserting the justice fight by engaging in marriage.