A lot of people are pondering the state of gay marriage in the
wake of our loss in Maine. But I think Tuesday's election results
should get us all thinking about a more important, and much deeper
storyline: the state of anti-gay prejudice. The full results of
the off-off-year election show that after literally centuries of
predominance, anti-gay prejudice is seeing its final days.
The loss in Maine actually makes that point. While the
conventional wisdom characterizes it as a "stinging setback for the
national gay rights movement" - and that's from our friends at the
NY Times -- that's correct only if you think gay rights equals
marriage. Marriage is the only issue we lose any more, so of
course it presents a tantalizing story for the mainstream press,
who get to sympathize with us while just doing their job reporting
the news of our incomprehensible political impotence.
But on Tuesday in barely noticed elections elsewhere in the
country, we won voter approval of (1) domestic partnerships in
Washington; (2) an anti-discrimination ordinance in Kalamazoo; (3)
an openly gay city council president in Detroit; and (4) an openly
lesbian mayoral candidate in Houston. That seems to say something
about the state of anti-gay prejudice in this country.
The Kalamazoo election was particularly telling and
anachronistic; it's something we just don't see much of any more,
an attempt to take away simple non-discrimination protection. And
nearly 62% of voters
chose to keep it in place. That's some evidence of how deeply
into the mainstream of this country's politics gay acceptance has
moved. Somehow, I'm not thinking Kalamazoo's gay community is
feeling a stinging setback.
Marriage is not just an outlier, it is the only
outlier. The fringe of the right will complain about any legal
protections for lesbians and gay men, but they can't put together a
majority on any issue except for full marital equality. An
enormous majority of Americans even support repeal of Don't Ask,
Don't Tell, though political cowardice on that issue still lingers
in Congress -- the same cowardice that got us the policy in the
first place.
This chart shows that more than a majority in virtually every
state, including the ones with the most anti-gay sentiment,
supports employment and housing protection, hate crimes laws and
health benefits for homosexuals. The trailing issue in all states
is always marriage, with majority-plus support in only six
states.
In short, these are hard times for homophobes. That's why gay
marriage is such a satisfying issue for the ones who are left. It
is the only issue where they can rouse up enough residual bias
against gays among otherwise fair-minded people to win an
election.
And the importance of that last word cannot be overemphasized.
It is direct elections where anti-gay prejudice about marriage can
best be exploited. This may be the most toxic consequence of
Maine. It is a warning shot to legislatures to avoid exercising
their best judgment about fairness for gay citizens. The anti-gay
bias that short-circuits rational debate in the electorate at large
will make legislative action futile, so don't even bother to
try.
As I argued
before, I would like nothing better than to have a full discussion
among the electorate on the merits (or flaws) of the public policy
issue of gay marriage, but neither Maine nor California took
advantage of that opportunity; at the least, it was offered by one
side, but was of little interest in the other side's strategy. The
anti-marriage campaigns were about anything but gay marriage.
If there's any doubt about that, compare the arguments in these
campaigns to the arguments the right makes in court when trying to
defend exclusionary marriage laws. No responsible lawyer could
argue to a court (without worrying about sanctions) that gay
marriage will force schools to teach children about homosexuality
in the second grade, nor can a lawyer try to scare a court with
images of kids reading books like King and King. Lawyers
have to focus on the issue before them in their briefs and
arguments in court, because courts are forced to assess the
rationality of the arguments before them, and have to explain
themselves in written opinions. There is no room in court for the
political slurs that make up anti-gay marriage electoral campaigns.
The best the right can do in court is arguing about procreation,
deference to the legislative branch (an argument I wouldn't expect
them to make in the future -- at least not with a straight face)
and the will of the people. Not a word about second graders.
That enormous distance between the arguments made to courts
about gay marriage and the obfuscations used in political campaigns
says a great deal. I do not ever expect to have the kind of
thoughtful discussion in public that courts are required to have.
But, the very fact we can't have a public discussion about gay
marriage when gay marriage is the issue might suggest, to
reasonable people, that there may be something underlying the
anti-marriage forces besides a desire to do what's best for the
public weal and what's fair for a minority. Contra
Rod Dreher and others, 31 wrongs do not make a right.
Maine was an extremely hard loss. But Washington looks to be a
solid victory, and Kalamazoo was a blow-out. The gay rights
movement is hardly on the ropes in this country, and our opponents
should be taking little comfort from their ability to deny us this
one right.