After the Prop. 8 ruling, the Family Research Council's Tony Perkins proclaimed: "In the face of its toughest challenge, the state's marriage protection amendment withstood its fiercest test. We are determined to fight until marriage enjoys this same protection in all 50 states."
Sic transit the culture war. What the right won in California is a constitutional rule about use of the word "marriage" by same-sex couples. Same-sex couples in California continue to have all the rights of opposite-sex married couples, but can't call themselves married - except, of course, the 18,000 same-sex couples who are married.
Actually, even that's not true. Future domestic partners can call themselves married if they want to. They won't be able to use that word in a legal sense, but who in their local communities, families or workplaces will that make a difference to, except maybe a few self-righteous Christianists who might get huffy. What kind of a lawsuit would they file, though that wouldn't involve a first-amendment defense? People can and do misuse words with legal meanings all the time. Ask a lawyer.
I'm pretty sure that's not really the kind of marriage protection Perkins wants to fight for in the other 49 states (and DC!). He's actually won more substantive battles in states that have constitutional amendments which establish, as a constitutional principle, that same-sex couples are to be treated unequally. That's what FRC is fighting for - full inequality.
In that, California is not a victory for the right. Or if it is, it's the soft victory of low expectations.
2 Comments for “Sic Transit the Culture War”
posted by jpeckjr on
Okay, Tony, fine. We’ll concede that “marriage” is something religious bodies do. In fact, let’s repeal all the state statutes about marriage with laws on civil unions or domestic partnerships. You get the word. We get equality under the law. Sounds fair to me.
posted by jpeckjr on
That would be “replace” instead of “repeal.”