IGF CultureWatch

Two prominent articles today - one from the NY Times and one in Politico - get right to the core of the problem that minorities face in a democracy. In the NY Times, Lou Cannon offers an interesting view of how Perry v. Schwarzenegger could play out in the gubernatorial race in California. At Politico, Maggie Haberman reports on how the national GOP is avoiding gay marriage as it focuses on the economy as its primary theme. In trying to attract independent voters, gay marriage and other social issues might be a distraction. Larry Sabato, from the University of Virginia sums it up: ""I don't think that moderates and independents get very excited about this."

What neither article discusses - or even mentions - is the question of whether gay marriage is a good thing or a bad thing; whether the constitution's guarantee of equal treatment of the law should apply to same-sex couples or not; whether heterosexual marriage will be affected by same-sex marriage; or any other of those nit-picky little issues that gays keep harping on.

For writers whose focus is politics, that's not too surprising. But that is exactly what the equal protection clause exists to address. In a universe of issues that affect people generally, it is easy for a majority (and in the case of heterosexuals a majority of unprecedented size) to not have much interest in how the law treats a very tiny minority. The economy affects every one of us irrespective of sexual orientation, and that is certainly what this upcoming election is about. That's how politics must work.

But it is not so easy - it is, in fact, virtually impossible -- for the minority to set aside its interest in its own rights until a better time comes along. America is at the stage where moderate and independent voters hold the political balance of power for gay rights. They have the luxury (their own rights not being affected one way or the other) to focus on bigger issues. Or bigger issues to them.

But for lesbians and gay men, the lack of equality we face in the law, and specifically the lack of legal recognition for our marriages, is a very big deal. We have fought for our role in society, and have taken it even as some continue to oppose even our simple, open and proud existence as fellow Americans. We are different from the majority in one thing, sexual orientation, but as varied as everyone in everything else. We have not been given anything, but have had to argue and convince and cajole every step of the way, armed with nothing but the facts and justice and pride and the promises in the Constitution. And we have had successes.

The Constitution guarantees that we have every available opportunity to make our case to the public, and to our elected representatives. But it also recognizes that for a minority - and specifically for a minority that many people simply refuse to accept as having any moral worth - the purely political burden may be unfair. The majority may have other things, what they view as bigger things, on their minds, and may not "get very excited" about the fight for equal treatment. If they feel they have nothing to lose, and nothing tangible to gain from a debate over the rights of the minority, their wishes (which, to democratically elected politicians, are a command) will predominate. If a discussion of gay marriage won't benefit a majority of people politically, then politicians won't bring it up.

That is itself evidence of our progress, of course. During George W. Bush's presidency, the discussion of gay marriage was, indeed, politically profitable, but the profit was for those seeking to keep marriage a restricted club. Today that calculation is a wash. A marriage will be valuable in some states and some districts, but as the Politico article notes, there are places where the benefit will accrue to politicians who oppose same-sex marriage, and there are places where it will accrue to our supporters.

But I hope heterosexuals can read these two articles and perhaps see what it feels like to be a political chit as part of your existence as an individual citizen. To politicians, and to political writers, our rights are a commodity, have a value that can be discussed in the abstract and with a sharp eye for the market. This is certainly not slavery, but it does make you understand what it's like to be bought and sold.