Just a Matter of Time

More evidence that conservative support for same-sex marriage is growing:

A 2014 Pew poll found that 61 percent of Republicans under 30 support gay marriage.

According to Data Science polling, 64 percent of self-identifying Evangelical Millennials support same-sex marriage.

And the most recent survey of incoming freshman at UCLA found that 44.3 percent of students who considered themselves “far right” believed same-sex couples should have the right to legally marry, while 56.6 percent of “conservatives” believed the same.

Which may be why anti-gay-marriage activist Maggie Gallagher, in her latest missive, sounds like an alienated and bitter self-outcast.

More. She’s not alone among social conservative activists, of course. The Heritage Foundation seems to be getting even more anti-gay. Their latest: My Father Was Gay. Why I Oppose Legalizing Same-Sex Marriage.. This sentence, in quotation marks, apparently can be found nowhere on the Internet except in articles by this author:

Statements like this are lies: “Permitting same-sex couples (now also throuples) access to the designation of marriage will not deprive anyone of any rights.”

Heritage, it seems, is on a roll. Now they’re claiming that same-sex marriage will cause 900,000 abortions. Desperation tactics.

Furthermore. Wisconsin Gov. Scott Walker, a likely GOP presidential contender, may not support same-sex marriage, but he attended the reception when his wife’s cousin was married to her partner. The Walker’ then-19-year-old son, Alex, served as a witness and signed his name to the marriage certificate. Generational change.

The Turning Tide

Our occasional co-blogger Walter Olson shared a different take on Indiana, Arkansas and the battles over their Religious Freedom Restoration Acts (RFRAs), via the New York Daily News. A few excerpts, but you should go and read the whole piece:

Even if you think, as I do, that the past week’s great gay rights war was 90% hype…one take-away is still a bit amazing: America’s big businesses have emerged as a hugely effective ally of gay rights.

That is a very big deal that will reshape this crucial cultural cause, and perhaps others, for years to come. …

On what stoked the controversy:

In some parallel universe, bills like Indiana’s could have been pitched with a pluralist and moderate appeal: Until quite recently, after all, RFRAs themselves were seen as something of a bipartisan progressive cause and the group of law professors and religious scholars active in the push for state RFRA bills includes more than a few moderates, liberals and libertarians who themselves favor same-sex marriage and gay rights laws.

In our actual universe, on the other hand, where perception is nine-tenths reality, the Indiana effort was seen as the pet project of hard-liners that the state’s business community didn’t care for and didn’t want to have seen as representing the state. …

Taking aim at Indiana’s hapless governor, Walter writes:

One of the most damaging viral images was that of a ceremony in which Mike Pence was seen signing the initial bill into law surrounded by figures circled and identified as long-time bitter opponents of gay rights. Pence himself floundered on TV when asked to defend the bill, unable to finesse the gap between the culture war themes that had helped fuel its passage at home and the more moderate arguments that might have swayed national viewers. …

But he also warns, quite correctly:

Outrage can blow up in unexpected ways. When a small-town Indiana pizzeria owner truthfully answered a reporter’s inquiry by saying she was happy to serve gay customers but would have qualms about catering a gay wedding, her mom-and-pop business got hit by a classic social-media pile-on that included fake Yelp reviews and even threats of violence. No sane business—especially a big one—would want to get within miles of such mob-driven ritual shaming.

It might be tricky, in fact, to keep getting the symbolic point across while not alienating the majority of the public that—according to most polls—in fact opposes fines and penalties for bakers, florists and photographers that hold religious objections to entering into gay-marriage celebrations. …

From my perspective, after gay marriage is secured nationwide (which the consensus holds is likely to happen with a Supreme Court ruling in June, although one never knows), I think the movement from “live and let live” with legal equality, toward an embrace of authoritarian political correctness intolerant of dissent, could become much worse within the LGBT activist world.

More. Law professor Jonathan Turley, via the Washington Post. He argues that in their rush to support same-sex rights, critics of religious freedom laws have been too quick to dismiss legitimate questions about free speech and expression. You think?

Turning Point: Americans Would Rather Vote for a President Who Supports Marriage Equality

According to a new poll from the liberal Huffington Post and YouGov, “Support for gay marriage has become the majority opinion, and voters now also say they’re more likely to reject a presidential candidate opposed to gay marriage than one who backs it—something gay marriage advocates hope marks a political tipping point for 2016.”

About 20 percent of voters overall who say opposition to gay marriage is a deal-breaker, while about 15 percent say supporting it is.

Most Democrats favor a presidential candidate who supports marriage equality (54 percent). Significantly, however, more Republicans voters say a candidate’s opinion on same-sex marriage doesn’t matter or they’re not sure (47 percent) than those who favor an anti-gay marriage candidate (41 percent), while 12 percent of Republicans would favor a candidate who supports the freedom to marry. If true, this shows progress occurring in both parties.

Some may have assumed that more than 54 percent of Democrats would favor a candidate supporting gay marriage (they are the “progressive” liberal party, aren’t they?). I assume a greater percentage of opposition to marriage equality is still among African Americans, who as a bloc have lagged behind the rest of the party, according to separate polling, although these numbers show signs of shifting in a positive direction as well.

As for voters who identify as independents, the HuffPost/YouGov poll shows that they “tend to line up more closely with Democrats in their opinions of gay marriage, saying by an 8-point margin that they’d prefer a candidate to support than to oppose gay marriage. Those who’d prefer a gay marriage supporter, though, are less likely than their Democratic peers to say the issue would be a deal-breaker.”

Daniel Cox, the research director at the nonpartisan Public Religion Research Institute, observed: “I don’t think you’re going to see a single Republican come out in support of same-sex marriage, but you may see some downplaying it in preparation for facing a general electorate, which is by and large supportive of the issue.” I think that’s right.

Interestingly, YouGov polling in Britain now shows that throughout the UK “those people who thought homosexuality ‘morally wrong’ sat at around 15 percent,” but that “in London the number of people who said they thought homosexuality is immoral was almost double (29 percent) what it was in the rest of the country.” Turns out “diversity” and liberalism (in its true sense) don’t always go hand in hand. (Sorry, this isn’t “racist,” anti-immigrant or anti-Islam; it’s what the poll numbers show.)

More. Ted Cruz is announcing his presidential run at the Jerry Falwell founded Liberty University. His platform includes amending the U.S. Constitution to nullify court rulings on the constitutionality of unequal marriage laws. Cruz, it appears, is partying like it’s 2004. Beyond the insular Iowa caucuses, we’ll see how well that strategy plays out now.

Furthermore. David Boaz, author of The Libertarian Mind: A Manifesto for Freedom, tells Bloomberg Politics:: “Cruz is announcing at the Vatican of fundamentalism. That doesn’t seem like the path to a winning coalition, even within the GOP.”

Maybe he’s trying to be the new William Jennings Bryan.

Frank’s Win-Lose Is a Win-Win.

Following on my previous post addressing former Congressman Barney Frank’s new memoir, let’s turn to Frank’s view of how America has both progressed and regressed. From the New York Times book review:

As Mr. Frank notes at the outset and conclusion of his book, the most sweeping and unexpected change from the moment he became interested in politics as a boy in Eisenhower-era America is that prejudice toward gay people has plummeted while skepticism toward government has spiked.

He is as troubled by the lack of trust in government as he is elated by the rise of cultural tolerance.

For some of us, this is a win-win (or would be, if the size, scope and cost of government hadn’t soared since the days of JFK under both Democrats and Republicans).

Americans should be skeptical about activist government, because its actions are so often counter-productive if not in fact destructive. Government should be held to the highest bar to prove that its interventions are necessary and the these essential objectives cannot be obtained other than through the coercive force of the state, which is backed by the treat of punishment.

Sometimes, federal intervention meets this standard, as when Washington (all three branches, executive, legislative and judiciary) intervened to put an end to unconstitutional state Jim Crow laws that institutionalized discrimination against African-Americans. But one of the greatest domestic failures of government has been its attempts to end poverty, more often fostering dependency instead of independence, in no small measure by undermining African-American families.

Still not convinced government action should be limited by strict scrutiny? Check out the amicus brief of the Mattachine Society of Washington, D.C., submitted to the U.S. Supreme Court in Obergefell v. Hodges (the consolidated same-sex marriage cases), and prepared with attorneys at McDermott Will & Emery LLP. It uses many recently acquired original source documents to show the long, tragic history of federal and state government animus toward, and persecution of, gay Americans. (For an overview, you can also read the press release.)

Rising distrust toward government? I’m all for it.

Gaining Iowa and Losing the (Real) Libertarians

The Republican dilemma: pandering to social conservatives to win primaries in Iowa and the South means alienating younger voters and centrists who are fiscally conservative, socially tolerant, especially on marriage equality. Those voters could be won over by the GOP in a general election, if not permanently offended by pandering to religious rightists.

Rand Paul has pushed himself over that cliff, to his detriment, by saying that same-sex marriage “offends myself and a lot of people,” and suggesting (if, I think, not quite stating) that gay people be denied an equal right to marry under the law, while in some future libertarian age—when the government has no role in marriage whatsoever—everyone could enter into relationship contracts as they desire, to be sanctified by religious ceremony (by willing clergy) if they wish. But until then…

We’ll see if the more moderate positions on marriage taken by Jeb Bush and Scott Walker hold. Obviously, they too have been against marriage equality. However, noting that people have strong feelings on both sides but “it’s the law now, let’s move on” might navigate that thicket, if they can stick to it.

More. Ted Cruz’s animus in Iowa makes Rand Paul seem positively gay friendly.

Furthermore. At reason.com, Scott Shackford argues that Paul is getting a raw deal and was actually offering a nuanced position. “He said the idea of gay marriage ‘offends’ him and some others, so you can guess which part of his response ended up in headlines.” Well, yes.

In fairness, an Oklahoma bill that would take the state out of the marriage licensing business but (if the Supreme Court does the right thing) still recognize same-sex marriages may give a clearer idea of what Paul is suggesting. Shackford writes:

While it is true that the legislation is a direct response to the federal courts striking down Oklahoma’s ban on same-sex marriage recognition and the likelihood that the Supreme Court will uphold those rulings this summer, [state Rep. Todd Russ] said his legislation is intended to take the state out of the fight, not to perpetuate the conflict. He said Oklahomans likely wouldn’t even notice a difference in the legal status of their relationships under his bill.

“I’m not picking a fight with them,” Russ said in reference to opposition to the legislation. “I’m not their judge. I didn’t go there.”

Update. via Scott Shackford at reason.com: Rand Paul Reaches Out to Evangelicals over ‘Moral Crisis’ Connected to Gay Marriage. Sadly, he’s shifting to the right, ever to the right, on the freedom to marry and other issues. Some see a panic response to low poll numbers and to Ted Cruz’s hyperactive lobbying of evangelicals. Others argue that Paul is still telling the pastors that while he shares their views about the “moral crisis” that includes same-sex marriage, they shouldn’t look to Washington for solutions (and instead, they should hold tent revivals, etc., as part of a new religious Great Awakening).

The New Consensus and the Intransigents

LGBT Democratic activists are never at a loss to point out GOP nastiness toward gay legal equality and social inclusion. But when they claim that nothing has—or it’s implied, can—change in the Republican party, they are being willfully disingenuous.

This past week saw Dr. Ben Carson, popular on the GOP social conservative right, come out with some asinine claims that being gay is “absolutely” a choice — and prison proves it, “Because a lot of people who go into prison go into prison straight — and when they come out, they’re gay.” Carson’s remarks were so over the top that even he had to backtrack and issue an apology, sort of.

This same week saw GOP mega-donor David Koch, one half of the brother duo that’s a bête noire of progressive Democrats, join with other conservatives in filing an amicus brief asking the Supreme Court to rule against bans on same-sex marriage. LGBT Democrats will reply that this hardly makes up for the Koch brothers supporting anti-gay candidates through the years (the Kochs give their dollars to conservatives who favor less government intrusion in business and the economy, and many but not all of these candidates are also social conservatives).

But once freedom to marry is the law of the land from sea to sea, and with gay servicemembers now serving openly in the military, the political calculus is going to shift markedly as regards gay issues. There will be an intransigent religious right, but mainstream conservatives will embrace the new consensus that gay marriage, like gays in the military, is a done deal and so let’s move on.

The GOP may, more broadly, defend religious liberty from those who feel wounded that everyone doesn’t share and express their progressive views, and I believe there is merit in the party’s doing so. That will incite LGBT Democrats, but it’s a side skirmish. The war will have been won.

More. Via National Journal:

Any Republican who says something incendiary about gay people will surely get media play. But with public rebuttals, political counsel and money, gay conservative groups are working to build a wall of defense to keep these comments on the fringe—and out of the 2016 conversation.

Furthermore. Some LGBT progressive have in the past accused David Koch of “pinkwashing” the Koch brother’s record by embracing legal equality for same-sex couples. But in the days since Koch signed the amicus supporting same-sex marriage, it’s becoming clearer that the media response around the announcement (fueled to no small extent by the willingness of Koch’s publicists to cooperate) is meant to send a signal to candidates who receive (or will receive) Koch support. Which is, opposition to same-sex marriage is not going to be a winning position going forward, so get over it.

If so, not everyone is getting the message, however. The desire to run on Jeb Bush’s right is a contravening force that will be a political dead end, but it may take at least another election cycle to make that clear to the intransigents.

Breaking Ranks on the Right

Jonathan Rauch and others across the liberal/conservative spectrum ask Can Gay Wedlock Break Political Gridlock?: Some excerpts from their manifesto:

Suddenly, it’s in both parties’ interests to fight the broader decline of marriage. Here’s the case for a “marriage opportunity” agenda. …

But now, particularly as the legal and social barriers to gay marriage come down, we have reached a moment when we may finally be able to change course. Today we have a remarkable and perhaps even unique opportunity to think anew about the meaning and role of marriage and to come together as a nation to address the growing class divide in American marriage. …

Conservatives fighting for social stability and stronger families can now, based on the logic of their deepest values, recognize gays and lesbians who seek the same family values.

As I’ve said before, you won’t convert the hardcore traditionalist religious right, but other conservatives are starting to break ranks (witness the number of GOP governors in states where courts have ordered equal access to marriage, who have stated that same-sex marriage is now the law and it’s time to move on).

Other examples in today’s news: In New Hampshire “Dan Innis, the married gay man who unsuccessfully ran for Congress in New Hampshire, was confirmed to be a member of the state Republican Party’s leadership,” reports BuzzFeed. And Politico reports “The head of the Log Cabin Republicans has been invited to speak on a panel at this week’s Conservative Political Action Conference, the pro-gay rights group announced Monday.” (The Washington Blade’s coverage is here.)

Small moves, perhaps, but signs of the times.

More. Via the Wall Street Journal:

After a court struck down Florida’s ban on same-sex marriage last month, [Jeb] Bush called for “respect for the rule of law.” The softer tone from Mr. Bush contrasts with the positions of other Republicans weighing presidential campaigns. Former Arkansas Gov. Mike Huckabee recently said that expecting Christians to accept gay marriage is like “asking someone who’s Jewish to start serving bacon-wrapped shrimp in their deli.” Other likely GOP candidates have taken stances akin to Mr. Bush’s. …

While socially conservative voters, who typically dominate several of the earliest presidential nominating contests, tend to oppose gay marriage, other Republicans see it as a wedge issue that would inhibit the nominee’s appeal in the general election. “I don’t know how you can be a conservative and want less government and yet want government to tell you what to do in your personal life,” said Julie Finley, who co-hosted a northern Virginia fundraiser for Mr. Bush earlier this month.

Furthermore. I didn’t intend for this to be a post about Jeb Bush, but here’s BuzzFeed on how things are changing in the GOP, which is the point of the original post:

When Bush officially launches his presidential bid later this year, he will likely do so with a campaign manager who has urged the Republican Party to adopt a pro-gay agenda; a chief strategist who signed a Supreme Court amicus brief arguing for marriage equality in California; a longtime adviser who once encouraged her minister to stick to his guns in preaching equality for same-sex couples; and a communications director who is openly gay.

Social conservative Rod Dreher laments:

To an extent that would have been unthinkable in past elections, one of the leading candidates for the Republican presidential nomination has stocked his inner circle with advisers who are vocal proponents of gay rights. … [Bush’s actions] ought to bring home to social conservatives how profoundly we have lost this thing. … Besides, we all know that the Supreme Court is going to constitutionalize same-sex marriage later this year, so there’s a political advantage to getting on the SSM bandwagon before SCOTUS leaves socially conservative Republicans behind.

Final word. Yes, Bush also says, when asked, “I believe in traditional marriage.” As do the GOP governors that are now enforcing marriage equality because it’s the law in their states. This, too, is politics, and there will still be attempts to placate the social conservative faction of the Republican base. But pretending that nothing is changing in the GOP is partisan hackery.

At CPAC, Ted Cruz was noticeably an outlier. That, too, is a sign of change.

Polls and Predictions

New 2016 primary polls by NBC News/Marist College have a surprising finding, reports the Washington Post. The findings show that about half of likely GOP caucus and primary voters in Iowa, New Hampshire and South Carolina said they find opposition to gay marriage either “mostly” or “totally” unacceptable in a candidate. Fifty-two percent of likely Republican primary voters in New Hampshire and South Carolina said opposing gay marriage is either mostly or totally unacceptable, while 47 percent of likely Iowa caucus voters agree.

The findings, however, have some caveats. For instance:

There’s also the possibility that the poll question confused some people. Asking people about gay marriage opposition rather than support for it brings double-negatives into the picture, possibly confusing some poll respondents. And people are more apt to respond in the negative when in doubt. …

You also have to wonder just how much of a deal-breaker gay marriage support is. The poll asked about opposition to gay marriage—not support—so it’s a little harder to suss out just how many people would vote against a candidate who supports gay marriage. We’re guessing it’s still more of a voting issue for those who oppose gay marriage than those who support it— at least on the GOP side.

I think these poll results need to be taken with a grain of salt. But if not now, then sooner than many expect, support for marriage inclusive of same-sex couples will be an accepted conservative stance, as it is in Britain and, albeit to a lesser extent (for now) in Canada, although a religious-traditionalist bloc within the party will remain opposed.

Parsing Bruni

Liberal, openly gay columnist Frank Bruni makes some worthwhile observations about anti-gay prejudice and intransigence among GOP cultural conservatives, but felt the need to score added partisan points by ignoring the Democrats’ own failings. He writes:

…most states have never enacted laws protecting gay people from employment discrimination.

Federal legislation to that effect finally passed the Senate at the end of 2013, when the chamber was controlled by Democrats, but the Republican-led House never bothered to vote on the bill. And there’s no way that the current Congress will send something like it to President Obama for his signature.

OK, but you wouldn’t know from his accusation that the Democrats controlled both House and Senate from 2008-10, and the Employee Non-Discrimination Act never made it out of committee because, well, the Democratic-led House (and Senate) never bothered to vote on the bill.

Meanwhile, the first law the Democratic Congress enacted was the Lilly Ledbetter Fair Pay Act, supported by feminist groups.

There are interesting conclusions that could be drawn about the Democratic leadership’s decision not to spend political capital to pass ENDA despite having the votes, and why LGBT political lobbies didn’t push harder for it. But you can’t get there if you’re just interested in lambasting the GOP.

More. The argument that the GOP would have used Democratic votes for ENDA as a campaign issue so Democrats were forced into inaction is specious. ENDA enjoyed some GOP support, after all, and an anti-discrimination measure was supported by most Americans. Republican opposition didn’t derail Lilly Ledbetter (a bill that did far more for trial lawyers than working women, who already had statutory rights to equal pay for equal work).

Moreover, the claim that ending “don’t ask, don’t tell” was a better priority isn’t supported by the facts; the Democratic leadership was uninterested in moving on either ENDA or DADT repeal. The latter happened only at the end of 2010, when there was an eruption by LGBT bloggers and some activists not beholden to the Human Rights Campaign, as it became apparent Harry Reid was blocking a clean vote that could pass (with more GOP support than Democrats predicted). It was this upsurge of anger from the LGBT community, plus the vital intervention of Sen. Susan Collins and Sen. Joe Lieberman, that finally pushed the vote to the Senate floor.

Sometime during the previous two years ENDA could have been moved, but the strategy was (as with immigration reform) not to pass a bill, but to keep the hope of future passage alive as a campaign issue that would help mobilize targeted voting blocs in the next election cycle.

Changing Times

The New York Times reports:

Speaker John A. Boehner said on Thursday that he expected House Republicans to accept the decision on same-sex marriage that the Supreme Court is scheduled to issue later this year.

“I don’t expect that we’re going to weigh in on this,” Mr. Boehner said. “The court will make its decision, and that’s why they’re there, to be the highest court in the land.”

The statement comes as a bit of a surprise, given the House Republicans’ expensive defense of the Defense of Marriage Act in 2013.

A commenter posted on an earlier item that he was afraid predicting that once the freedom to marry was secured, “rich gay men” would “vote their wallets.” To which I can only say, I hope so. Not because greed is good, but because a prosperous, growing economy that creates real jobs relies on private sector investment and modest, targeted regulation, not higher taxes on investments with ever-expanding regulatory burdens, uncertainties and liabilities.

More. The progressives sound worried. Jonathan Capehart writes:

Finally, the LGBT community must do a better job of making common cause with others seeking equality and freedom from discrimination. Where is the community on immigration? On economic inequality? On racial justice? …

There are poor LGBT Americans. There are millions of people who would benefit from an increase in the national minimum wage who are also LGBT.

By the way, the next time you’re faced with self-checkout at the grocery or drugstore, or an automatic parking garage, or, increasingly, automated self-ordering at fast food restaurants, you can thank those increases in the minimum wage intended to help lower-income Americans but which often end up cutting back their hours and opportunities—or eliminating their employment prospects altogether, especially for the young seeking entry into the workforce.

Furthermore. It’s not just LGBT voters who are feeling more at ease with the GOP. Silicon Valley entrepreneurs are being wooed by Republicans with increasing success, for example. As the Los Angeles Times reports:

Republicans, after musing about the possibility for more than a decade, have finally found a footing in Silicon Valley, ingratiating themselves with tech entrepreneurs who had long eschewed politics in general, conservative politics in particular.

Democrats haven’t yet lost their advantage, but Bay Area techies are writing increasingly sizable checks to GOP candidates and causes.

You betcha that the waning of the marriage issue is making this much easier for them.