Why DOMA is Unconstitutional or America’s Grand Heritage of Egalitarianism

For those of us concerned about socioeconomic trends and their consequences, Robert Gordon’s The Rise and Fall of American Growth is one of the most important books we’ll see in 2016. This blog post is the third in a series that touches upon the issues the book covers: inequality, economic growth, and poverty, among others. Click on links for first and second posts in the series.


Robert Gordon’s The Rise and Fall of American Growth (Princeton University Press), an economic history of the United States, highlights important moments of American egalitarianism. Yes, good ol’ American egalitarianism!

gordon book

In the current age of excess that exuberates in chest-thumping hyper-partisanship and the attitude of winner-take-all, the meaning and sense of egalitarianism seems forgotten. A biblical concept, egalitarianism is the cry of the Israelites wanting freedom from Pharaoh and slavery; we hear echoes of it when the apostle Paul, calling for unity in the nascent Christian community of Galatia, challenges the Galatians’ understanding of entrenched identities, “There is neither Jew nor Greek, slave nor free, male nor female . . .” The word itself comes from the French egal – meaning “equal”but it refers to much more than equal parts or measurements. Egalitarianism emerges and comes to light from a situation of dominance-subordination, or inequality. Egalitarianism is opportunity and access for rich and poor alike. Egalitarianism is blind to the advantages typically derived from social status, pedigree, and wealth.

“What Happened to Egalitarianism?” is the title of the third chapter of my book Just a Little Bit More. I reference anthropologist Christopher Boehm, who studies primates and their social relationships. Boehm looks for interplay between the competing spirits of egalitarianism and winner-take-all in our evolutionary relatives as he investigates the origins of morality in the human family. He speaks of the principle of “reverse dominance hierarchy” as a form of egalitarianism; he witnessed weaker members in a group joining forces to combat the dominance of alpha males.* I call this not survival of the fittest, but survival of the united. Egalitarianism is a sociopolitical phenomenon. A group or community engaged in the struggle for self-determination within a larger community or with a competing community seeks or maintains a sense of equality. The achievements of the civil rights era in the United States are a prime example of the workings of egalitarianism, as is the process that led to the 2015 Supreme Court ruling that the US Defense of Marriage Act (DOMA) is unconstitutional.

Gordon knows that America has a grand heritage of egalitarianism, starting with the Boston Tea Party and the revolutionary plea “No taxation without representation.” When Thomas Jefferson asserted in the Declaration of Independence that “all men are created equal,” the divine right of kings (sorry, George III) took a decisive egalitarian kick to the groin from which it has not recovered.** The competitive spirit of winner-take-all is legitimate and necessary, and has benefitted American ingenuity, inventiveness, and innovation. The winner-take-all ploy becomes troublesome, however, when there is no mitigating force to keep its excesses in check. Egalitarianism serves as the mitigating force of winner-take-all (and vice versa, for that matter), ensuring that the values of equality and greater access for the many win out over unmerited privilege for the few.

Here are some other gems in the history of American egalitarianism, according to Gordon:

The Price Tag: John Wannamaker opened the nation’s first department store, Grand Depot, in Philadelphia in 1876. Whereas bartering and haggling dominated the ways of buying and selling prior to this time, Wannamaker believed all people were “equal before price.” He eliminated price breaks and discounts for the connected, favored, and powerful. A religious man, he believed that all as equals before the Creator meant “one price for all.” He was the inventor of the price tag, an egalitarian innovation that revoluti0nized the consumer age.

The Networking of  Utilities – Electricity, Heating, Telephone, and Sewer: It wasn’t until the mid-1930s that more than half of Americans lived in cities. A majority of these urban dwellings were constructed after the turn of the century, enabling the inclusion of indoor plumbing, electricity, heat, and telephone. As Gordon says, “Networking implies equality. Everyone, rich and poor, is plugged into the same electric, water, sewer, gas, and telephone network. The poor may only be able to afford to hook up years after the rich, but eventually they receive the same access” (p. 95). Because of American society’s relative youth, the networking revolution of utilities spread much more quickly than it did in older European societies. (The current tragedy of lead-laden water in Flint, Michigan is a shameful example of inequality in this land where we refer to these utilities as “basic.”)

Radio: Pittsburgh’s first department store, Joseph Horne’s, began to sell amateur wireless sets – radios – for 10 dollars in the fall of 1920. On November 2, 1920, KDKA in Pittsburgh made the first radio broadcast in American history by transmitting election results as Warren Harding defeated James Cox to become the nation’s twenty-ninth president. Twenty years later, 80 percent of American households had radios in their domiciles. (For sake of comparison, only 75 percent of American households today have Internet access.) Gordon says the invention and rapid diffusion of radio was an example of “striking egalitarianism . . . enjoyed equally by the richest baron or poorest street cleaner” (p. 193).

Both forces – cooperative egalitarianism and competitive winner-take-all – are legitimate and inherently American; our society shines best when neither force dominates, but when they hold each other’s excesses in check. Too much egalitarianism stifles drive and creativity; too much winner-take-all produces inequality and accompanying ill effects. In Just a Little Bit More, I argue that our much cherished democracy needs egalitarianism in order to function at its best. American egalitarianism has helped make possible the following: emancipation from slavery, women’s suffrage, the many acheivements of the civil rights era, same sex marriage, and other accomplishments. Egalitarianism is a main driver of social progress in American and beyond. May we continue to lift it up and advocate it.


*Christopher Boehm, Hierarchy in the Forest: The Evolution of Egalitarian Behavior, Harvard University Press (1999), pgs. 1-3.

**More than two centuries after Jefferson’s famous formulation, we’re still working on fully living out its implied intention.


This blog and website are representative of the views expressed in my book Just a Little Bit More: The Culture of Excess and the Fate of the Common Good. Distributed by ACTA Publications (Chicago), JaLBM is available on Amazon as a paperback and an ebook. It’s also available on Nook and iBooks/iTunes, and at the website of Blue Ocotillo Publishing.

isbn 9780991532827

If you’re a member of a faith community – Christian, Jewish, Muslim, Buddhist, or other – consider a book study series of Just a Little Bit More. The full-length book (257 pgs.) is intended for engaged readers, whereas the Summary Version and Study Guide (52 pgs.) is intended for readers desiring a quick overview of the work. It also contains discussion questions at the end of all eight chapter summaries.

Readers of both books can join together for study, conversation, and subsequent action in support of the common good.

The Spanish version of the Summary Version and Study Guide will be available in September 2016. ¡Que Bueno!

¡El librito de JaLBM – llamado Solo un Poco Más saldrá este Septiembre de 2016!


2 thoughts on “Why DOMA is Unconstitutional or America’s Grand Heritage of Egalitarianism

  1. This was an excellent post, T. Carlos. I think it is interesting that you and Gordon see the “Price Tag” as an egalitarian invention. Fixed pricing, of course, was originally a Quaker invention and was implemented in that community of believers as a way to level the playing field for all buyers, truly egalitarian move. The price tag, however, in a retail setting where bargaining was the standard practice, could also be seen as a way merchants could avoid having to lower the price for whomever was willing to walk away from a deal. The price tag actually raised the average price of most goods. It was not a way to get the lowest and best price to all customers equally. Wanamaker was a clever merchant with expertise in advertising and promotion that not only exceeded his competitors but other industry leaders. He was a progressive employer who offered his employees benefits (health care, pensions, education, even profit sharing) that were unheard of and ahead of his time. On the other hand, he detested unions and fired any employee who joined or tried to organize his labor force. Wanamaker was known for his philanthropy and gave back to his community like few other business leaders of the day. However, when he died his estate listed ownership of eight homes in four different countries and an equivalent net worth of over $ 1.4 billion. His son inherited his stores, including the Grand Depot in Philly, valued at nearly a half billion dollars. He didn’t do to bad for himself as well as others, I guess. Jud Smith

  2. just started the book today

    On Thu, May 5, 2016 at 8:43 AM, Just a Little Bit More – Book Blog wrote:

    > Tim Anderson posted: “For those of us concerned about socioeconomic trends > and their consequences, Robert Gordon’s The Rise and Fall of American > Growth is one of the most important books we’ll see in 2016. This blog post > is the third in a series that touches upon the issues th” >

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