Tailwinds…and Tail-Covering

Don't miss Ryan Sager's post (especially the graphs) on the chasm between younger and older people on gay marriage. Citing a new paper by academics Jeffrey Lax and Justin Phillips, he sez:

If people over 65 in each state made the laws, zero states would have gay marriage; if people under 30 made the laws, 38 states would have gay marriage.

Also must-read: In the Chicago Tribune, Steve Chapman wonders why the same folks who predict social catastrophe if gay marriage is allowed refuse to make specific, testable predictions.

I have a strong suspicion that both sides of the debate are right. The supporters of same-sex marriage are right in predicting that it will have no bad side effects. And the opponents are right not to make predictions.

Turning Over a New Brief

Here's a flip-flop to welcome. In its original brief in a California lawsuit challenging the Defense of Marriage Act, the Obama Justice Department adduced a bevy of standard anti-gay-marriage arguments to defend DOMA's constitutionality-including the old standby that restricting marriage to opposite-sex couples isn't discriminatory because, after all, homosexuals can have opposite-sex marriages too.

Now, in its latest reply brief, the administration switches tack. It states unequivocally that the ban on gay marriage is a form of discrimination, as IGF contributor Dale Carpenter notes over at Volokh.com. And although DOMA passes the so-called rational basis test (ergo Congress had the power to enact it), it's not rational because banning gay marriage is rational (it isn't), but only because Congress is entitled, for the time being, to leave the issue to the states. There's no attempt to characterize DOMA as anything but discriminatory and unjustified.

Unlike some gay-marriage advocates, I believe that DOMA is, in fact, constitutional, in the sense that Congress has the power to enact it. I also believe, however, that setting up a federal definition of marriage at odds with those of (now) six states is bad policy. So, second time around, Obama gets it right.

And better late than never. Dale concludes:

While gay-rights groups complain that the DOJ is continuing to defend the constitutionality of DOMA, and are understandably disturbed by the still-unabandoned arguments the DOJ made back in June, they should be delighted by the turn taken in this reply brief. It will serve the cause of SSM in state and especially federal courts for years to come.

Famly Guy: Just Kidding

As I've mentioned before, I think the right's attempt to conflate gay marriage and abortion is both wrong and deceptive, certainly as a constitutional matter. And I'm coming to believe this false analogy might also be wrong as a cultural matter.

Fox's " Family Guy " is easily the most wildly satiric, boundary-crossing show on network television. It is sometimes compared to "The Simpsons," but no matter how far out "The Simpsons" gets, it always swings back to television's essential sentimentality; "Family Guy" will have none of that. "South Park" is more caustic, still, but "Family Guy" sets the network standard for how far comedy can go.

And that's pretty far. For the unitiated, one year-old baby Stewie is gay (and has made several aggressive attempts to murder his mother), next-door neighbor Quagmire is a sex-addicted airline pilot, and any attempt to chronicle the carnal lives of husband and wife Peter and Lois would not be publishable in most newspapers. And that's not to mention the old pedophile who lives across the street, with his eternal affection for very underage boys.

Amidst all that explicitly sexual content is a lot of homosexuality, which Fox seems to have had no problem with. But abortion is where Fox draws the line. The show's inspired creator, the divine Seth MacFarlane, finally decided to do a show about abortion (35 years after "Maude" did, with no intervening encounters), and the network wouldn't air it. The best they'd agree to do is include it on a DVD of the series.

Even reading a description of the episode, and watching the three darkly riotous clips read by the cast, shows that abortion is in a completely different class from homosexuality -- it is still incendiary as the subject of humor.

That is as telling as anything I can think of. In fact, it may clarify what distinguishes the right from the rest of the country. With sitcoms like "Ellen" and "Will & Grace" happily ensconced in syndication, most of the nation is comfortable enough with homosexuality to laugh about it and with us. It's not a touchy issue for the most part, except among a shrinking number of cranks and malcontents. In contrast, abortion is something that really is, always, deeply serious and off-limits to jokes.

To be fair, a lot of lesbians and gay men can tend to be ill-humored, particularly when our rights are at stake. I'm that way, myself, sometimes. But it should comfort us all that there is room in the culture for kidding around about homosexuality. It shows a healthy acceptance.

Breathing Room

For the most part I'm with Dale, and am, if anything, more optimistic than he is about 2012. Two extra years gives us, and the voters, breathing room. My biggest disagreement with him is whether a vote in 2010 would be a "calamity."

In my opinion, we get to keep doing this until we get it right. Marriage equality is no longer a mere possibility. It will happen. It's not necessary for anyone to think opponents are bigots to see that they misunderstand us. The seemingly ancient argument about us demanding "special rights" has faded into obscurity. That rhetoric depends on people viewing the status quo -- and our exclusion from it -- as eternal. That's no longer the dominant cultural assumption, and as it eroded, heterosexual voters (and judges) could see that we really are asking for nothing more than exactly the same rights they have and take for granted. They can see the status quo as tilted in their favor, and once you see that, our own inequality really does come into focus.

That means we can lose elections without losing our moral standing. More important, our opponents look smaller and meaner with each increasingly fragile victory. As their numbers fall off, their empty arguments seem more incoherent. The case of Doug Manchester illustrates the point. One of Prop. 8's largest early donors, he opposed our equality because of his "Catholic faith and longtime affiliation with the Catholic Church," as he told the NY Times. That's fair enough, except that a couple months after that donation, he and his wife separated and began divorce proceedings, which are now at their most disagreeable stage. Neither divorce nor hypocrisy is alien to human nature, but cases like this help people see the selfishness and convenience of hoarding religious favor for yourself and denying it to others.

The cornucopia of groups supporting same-sex marriage almost assures that it's possible someone not affiliated with our leadership might be able to qualify a repeal initiative. Equality California's very good report, Winning Back Marriage Equality in California lists 78 distinct groups they are working with. That's a testament to the vibrancy and diversity of our cause. But it's also a sign that our self-selected leadership cannot be as monolithic as it sometimes seems to wish.

And that is my concern. Here is how EQCA views the job we have to do in California:

We need to do outreach to every progressive organization in California: to labor unions, to progressive churches (more on that below), to women's groups and civil rights organizations.

Are there really that many progressives out there who need to be convinced on gay equality? The assumption of our leadership continues to be that they need to appeal to the liberal in everyone. That assumption is clearest in their invocation to broaden their base:

At the same time, we need to continue and expand our work on issues of concern to our partners in the broader struggle for social justice. We must also identify and enlist new spokespeople, particularly those who are not "usual suspects"-Republicans, business leaders, leaders from communities of color, "mainstream" clergy, cultural and entertainment stars and others. And we must identify appropriate outlets for them to help make the case.

Am I the only one who detects just a whiff of condescension here to the very people I think are the key targets of any attempt to overturn Prop. 8 at the ballot box? While there are still "partners" in the fight for social justice to be embraced, the movement is just looking for "new spokespeople" among Republicans, business leaders and others, for whom the leaders "must identify appropriate outlets" in order to help them out.

The fact that EQCA does not see Republicans -- and business leaders, for heaven's sake! -- as partners (or even as independent thinkers when it comes to gay marriage) reveals the worst aspects of the Democratic left as it tries to achieve the best aspirations of Democratic philosophy. Two years may not be enough to cure that, but there are enough Republicans, not to mention those ever-suspect "business leaders"who can suck up this kind of condescension for the greater good.

Right Call

Despite what I had feared (see here and here), it seems common sense has prevailed. Equality California, the main gay lobbying group in the state, has announced it won't support a Prop 8 repeal effort in 2010. See the group's analysis here. This despite the group's hint last May that it probably would support a 2010 effort. It seems that EQCA looked hard at the voter projections and polls, the short time frame, the lack of unity among gay advocates for 2010, and especially at the lack of support for 2010 among big donors, and has decided to target 2012.

I'm still not persuaded that even 2012 is the right time, but at least it's more realistic. Further, I understand the need to start a fundraising, organizing, and educational campaign now on the basis of a target date that isn't five or more years away (2014 or 2016).

Of course, some of the "grassroots" activists on Facebook and elsewhere who think a campaign is a matter of sending around a bunch of emails and starting a website will continue the quixotic 2010 effort. But without the backing of the main existing California group, and especially without the backing of major donors, they will probably fail even to qualify language for the ballot. At least let's hope they fail, because if they succeed we'll face a real calamity: a 2010 fight we won't win.

Now comes the hard part: actually raising the money and organizing for a possible ballot fight in three years.

Gay Marriage in California: More Than Spreadsheets

One of California's best -- and quirkiest -- political writers is Bill Bradley, whose New West Notes is essential reading if you're interested in California. He has a new piece at the Huffington Post on the strategic debate over when to repeal Prop. 8 that surveys the landscape pretty well.

But his discussion of strategy, like most discussions of strategy, I suppose, is too clinical. Political strategy can be a cold science, but as we learned from Yes on 8's Frank Schubert (who is now in Maine, trying to establish himself as the nation's go-to guy for the anti-gay marriage crowd), politics is very often best practiced by intuition and guts. A less nimble opponent might have missed the implications of Gavin Newsom's "Whether you like it or not" gaffe, which no strategy could ever have anticipated. Schubert's instinct for populist homophobia was right on, and he capitalized on it, to his -- well, "credit" isn't exactly the right word for his amoral achievement.

But there's not much life left in that horse, and maybe next time we'll have some folks of our own whose instincts are better than their spreadhseets. It's that aspect of politics -- and particularly the politics of gay marriage -- that I think our leaders are missing. The other side claims a vague and tattered morality, but we've got the real thing.

There is another non-strategic fact about any repeal of Prop. 8 that transcends the pie charts. Whether it happens in 2010 or 2012, or even, god forbid, 2014, California will, almost certainly, be the first state to have its voters amend their constitution to eliminate a ban on gay marriage. The constitutional bans, and particularly Prop. 8, were the last creakings of the machine of discrimination. The repeal of Prop. 8, whenever it comes, will be looked back on as the death knell for an unlamented age. And I'm still quite sure California will be the state that strikes that blow.

Crashing the (Grand Old) Party

The scene at the White House East Room on June 29 was incongruous, if predictable. Nearly 200 gay leaders were assembled to hear the soothing words of the president, who has yet to do anything significant regarding the causes for which they lobby. But that didn't stop the activists from fawning over Barack Obama; the Washington Blade reported that cries of "I love you!" could be heard from the crowd. Such embarrassing expressions of infatuation were not owing to the open bar.

In the four decades that it has been politically active, the gay community has stood foursquare behind the Democratic Party. Gay identification with liberalism in general and the Democrats in particular is so strong that many conflate the success of the party with that of the movement. Gays overwhelmingly vote for Democratic candidates and pour millions of dollars into Democratic coffers. Homosexuality and political liberalism are inextricably intertwined in the popular consciousness. Even when Democrats support antigay measures - like the odious Defense of Marriage Act and "don't ask, don't tell," for which we have Bill Clinton to thank - gays rally to the party with votes and cash.

More telling than this ostensibly "pro-gay" president's dilatory strategy on moving legislation, however, is the mix of indignation and bewilderment on the part of so many gay activists. Given their unconditional support for Democrats, how can gays credibly claim to be surprised that Democratic politicians take us for granted? Why move pro-gay legislation forward when there are no consequences for doing nothing? The relationship between gays and Democrats is like battered wife syndrome. We keep coming back for more abuse.

"The facade of the gay movement has always been that Republicans are the bad guys," says Rich Tafel, the former executive director of the Log Cabin Republicans. "Now that [Republicans] are completely powerless, the illusion that the Democrats are everything is being torn down." That's a wise perception as far as the cowardice and double-talk of the Democrats goes. But is there any hope for gays on the other side of the aisle?

In an ideal world the GOP would be a more hospitable place for the gay electorate. Battered in the 2008 congressional election and having waved goodbye to one of the most unpopular presidents in the history of polling, the Republican Party is now in the early stages of a long and vicious rebuilding phase. One would hope that as they examine the factors that have contributed to their downfall, Republicans will recognize that their positions on issues affecting gay Americans have played some part.

Unfortunately, with the internal disarray of the Log Cabin Republicans, the party is lacking the institutional apparatus to support pro-gay figures from within. Many gay Republicans understandably gave up on their party long ago; President Bush's support for the Federal Marriage Amendment was the last nail in the coffin for this beleaguered crew. The creation of the Log Cabin splinter group GOProud earlier this year should not be taken as a resurgence of gay support for Republicans, as it had more to do with personality differences between the leaders of both organizations than a newfound burst of conservatism among gays.

If Republican leaders were smart (which, to be sure, they show few signs of being), one of the first steps they could take to persuade younger voters of their electoral worthiness would be to drop active opposition to gay rights. If they can't be persuaded to do this on substantive grounds, then the polling numbers ought to convince them that their platform will soon prove to be a huge electoral liability.

That's because the political utility of gay bashing is past its peak. With each passing day more and more Americans see the sense of allowing same-sex couples to gain legal recognition for their relationships and patriotic gay Americans to serve openly in the nation's armed forces. Younger voters overwhelmingly support gay rights, and the more the party solidifies its reputation as a bulwark against this major societal shift, the greater will be the lasting damage to its reputation, much like Richard Nixon's southern strategy doomed the Republican Party - once the political home of African-Americans - with black voters. Adopting a more tolerant stance is also in the best traditions of a party that purports to stand for individual liberty, limited government, and the fundamental right of Americans to live their lives as they see fit - all tenets of the gay rights movement.

The more perceptive Republicans realize this. Take Meghan McCain, daughter of Sen. John McCain. In a matter of months she's written, talked, and tweeted her way into becoming the most outspoken Republican advocate for gay rights, doing everything from a photo shoot on behalf of the No H8 campaign to raising money for the Trevor Project anti-suicide hotline to acting as the keynote speaker at this year's Log Cabin Republicans convention. Gays should welcome whatever support they can find within the ranks of the GOP, but at the end of the day McCain is the daughter of a failed presidential candidate who was never particularly popular among Republicans in the first place. She's not a potential party leader.

As for an actual elected official who could lead the party out of the antigay wilderness, such hopes rested largely on the shoulders of former Utah governor Jon Huntsman, a Mormon who, in contrast to the leaders of his church, supports civil unions for gay couples. Earlier this year, however, in a brilliant political move that neutralized a rising star and potential rival, President Obama appointed Huntsman as his ambassador to China. And so the gays' loss is the country's gain.

In June former vice president Dick Cheney reiterated, however vaguely, his support for gay marriage, stating, "I think people ought to be free to enter into any kind of union they wish." This was not exactly news; Cheney, after all, has a gay daughter, and he registered his opposition to the FMA in the 2004 presidential campaign. And it's slightly disingenuous for gay conservatives like those in GOProud to trumpet Cheney's halfhearted endorsement of gay marriage as proof that he's better on the issue than Obama. Cheney did nothing to press the cause of gay rights when he was in the White House. Now that he's liberated to speak his mind on a whole host of topics - something he's shown no hesitation in doing - he can only be bothered to talk about gay rights when pressed by reporters. If Cheney can launch a campaign attacking the Obama administration's antiterrorism policies, why can't he find time to rebut the antigay figures on the right wing of his own party who wish to treat his daughter as a second-class citizen? Surely, as a former secretary of Defense, Cheney has insights into the utility of "don't ask, don't tell"?

The apparent self-inflicted immolation of Sarah Palin's political career cannot be viewed as anything but a boon for gay rights. Though she has a scant record on the issues, as the GOP's vice-presidential candidate, Palin opposed the man at the top of the ticket with her support for the Federal Marriage Amendment. And her careerist attempt to position herself as the standard-bearer of the party's socially conservative wing suggests that she would effortlessly embrace its antigay politics were she to run for national office. But even with Palin out of the picture (for now), there's little reason to be hopeful about the 2012 GOP field. Front-runner Mitt Romney cemented his reputation as a flip-flopper largely due to his cynical positioning as a "pro-family" candidate during the 2008 Republican presidential primaries, trumpeting his opposition to gay marriage during his years as Massachusetts governor to win over evangelicals wary of his Mormonism. Mike Huckabee, another 2012 contender, campaigned on explicitly conservative Christian themes, while Newt Gingrich railed about "gay and secular fascism" in the wake of Proposition 8.

So is a gay-friendly GOP too much to hope for? Probably, at least in the near future. But just because the Republican Party shows little sign of moderating does not mean that Democrats should get a free ride, and the decision by some major gay activists and donors to boycott a June DNC fund-raiser is a welcome development. Obama has delivered major speeches on divisive topics like race and abortion, speeches that, unlike so much political pabulum these days, made Americans think. Why can't he deliver a White House address tearing down the last acceptable social prejudice? His unique station as the nation's first African-American president provides him with a historic opportunity to do just that.

Divining what the president might say were he inclined to deliver such a game-changing speech is not difficult; a recent proclamation he issued celebrating June as LGBT Pride Month contained a few hints. "As long as the promise of equality for all remains unfulfilled," Obama declared, "all Americans are affected." By framing the lack of equality for gays as an issue that affects all citizens - and not just those directly affected by discriminatory laws - the president went further than any of his predecessors in emphasizing the fundamental injustice of the status quo, and he intimated that his sweeping promise of "change" will also benefit gay people. As a candidate, Obama complained about those who criticized his campaign as offering "just words." But words are all he's offered thus far, leading us to the conclusion that the conflation of the Democratic Party's interests and those of the gay rights movement is a status quo equally in need of change.

Robert George’s Reality

Robert George's recent piece in the Wall Street Journal, "Gay Marriage, Democracy, and the Courts," contains both sense and nonsense-but more of the latter.

George, a Princeton professor of jurisprudence and founder of the American Principles Project, is a preeminent conservative scholar. In the op-ed, he considers the federal lawsuit challenging California's Proposition 8 and claims that a U.S. Supreme Court ruling in favor of marriage equality would be "disastrous," constituting a "judicial usurpation" of popular authority and inflaming the culture wars beyond repair.

First, the good points: George is quite right to insist that the Court's role is to interpret the Constitution, not to make policy. He's also right to argue that marriage law has been, and should be, tied closely to the needs of children. And he exhibits a refreshing "don't panic" attitude, asserting that "democracy is working"-although by democracy, he seems to mean only voter referenda, and not our more complex representative system, with its various checks and balances. On the latter, broader understanding, I'd agree that "democracy is working:" in the last year, five additional states have embraced marriage equality.

But the misunderstandings in George's piece are legion.

(1) George provides a lengthy analogy with the 1973 Supreme Court decision Roe v. Wade, which recognized abortion rights. But while this analogy may be relevant to the culture-war angle, it says absolutely nothing about the legal merits-since rather different issues were at stake in Roe.

What's more, it's not even clear how relevant it is to the culture-war angle. Most abortion opponents believe that abortion involves large-scale killing of innocent babies. Compare that to Adam and Steve setting up house in the suburbs. Whatever your view of homosexuality, there's no comparison in terms of moral urgency.

(2) George also considers-and summarily rejects-an analogy with the 1967 Loving v. Virginia. He writes,

"The definition of marriage was not at stake in Loving. Everyone agreed that interracial marriages were marriages. Racists just wanted to ban them as part of the evil regime of white supremacy that the equal protection clause was designed to destroy."

Seriously? Perhaps "everyone agreed" that they were marriages in some sense-as one could say equally about same-sex marriages-but they certainly didn't agree that they were valid marriages. When the Loving trial court judge declared, "The fact that [God] separated the races shows that he did not intend the races to mix," he expressed the widespread view that interracial marriage violated a divinely ordained natural order.

George's reference to the "evil regime of white supremacy" is also telling. In order to undermine any analogy between racial prejudice and homophobia, right-wingers often paint all those who opposed interracial-marriage as angry KKK types. But most opponents of miscegenation sincerely believed that the Bible condemns it, that it's unnatural, and that it's bad for children. In other words, they cited the same "respectable" reasons as modern-day marriage-equality opponents.

That these two groups cite the same reasons doesn't show that their arguments are equally bad or their motives equally flawed. It does show, however, that religious conviction doesn't secure a free pass for discrimination, and that friendly, well-intentioned folks can nevertheless be guilty of bigotry.

(3) George, a noted natural-law theorist, asserts that marriage "takes its distinctive character" from bodily unions of the procreative kind. By "procreative kind," George doesn't mean that procreation must be intended, or even possible-oddly, sterile heterosexuals can have sex "of the procreative kind" on George's view. He means penis-in-vagina. According to George,

"This explains why our law has historically permitted annulment of marriage for non-consummation, but not for infertility; and why acts of sodomy, even between legally wed spouses, have never been recognized as consummating marriages."

"Historically" is the key word here-as in "not any more." There's a reason consummation laws have been almost universally discarded (and were seldom invoked when present). Such laws reflected, not the law's majestic correspondence with Catholic natural-law doctrine, but an outdated mixture of concerns about male lineage and female purity.

(4) Finally, George asserts the standard false dilemma: Either accept the traditional natural-law understanding of marriage, or else have no principled basis for any marriage regulation:

"If marriage is redefined, its connection to organic bodily union-and thus to procreation-will be undermined. It will increasingly be understood as an emotional union for the sake of adult satisfaction that is served by mutually agreeable sexual play. But there is no reason that primarily emotional unions like friendships should be permanent, exclusive, limited to two, or legally regulated at all. Thus, there will remain no principled basis for upholding marital norms like monogamy."

No principled basis? How about the fact that polygamy-which historically is far more common than monogamy-is highly correlated with a variety of social ills? Or that the stability provided by long-term romantic pair-bonding is good for individuals and society-far more profoundly than typical "friendships"? Or that the state legally regulates important contracts of all sorts, and the commitment to "for better or worse, 'til death do us part" is a pretty important contract? Here as elsewhere, George seems incapable of recognizing any principles beyond those prescribed by a narrow natural-law theory.

Ultimately, the trouble with George is that his theory-which is supposed to be rooted in "nature"-is in fact divorced from reality. The reality is that gay people exist, fall in love, pair off, settle down, and build lives together-sometimes with children, often without. When we do, we seek the same legal protection for our relationships that other Americans take for granted. If the denial of such protections is not an appropriate subject for judicial scrutiny, I'm not sure what is.

A Crossroads for Conservatives

Last October, Bill Meezan, my cousin, left his home in Columbus, Ohio, for a business trip to Philadelphia. Bill is the dean of Ohio State University's College of Social Work, and he travels quite a bit. In Philadelphia, he thought he felt an old cold coming back. Then he developed a nasty cough. On October 31, he went to the hospital.

He remembers nothing of that day, but Mike Brittenback recalls sharply how doctors in Philadelphia called him in Columbus to say they suspected pneumonia. Mike, an organist and choirmaster, is Bill's partner of 30 years. A few hours later that Friday, they called back to confirm the diagnosis. Mike was concerned but not alarmed.

At 3 a.m. the next day, the phone woke him up. It was a doctor in Philadelphia. Mike needed to come to Philadelphia immediately. Bill had gone into septic shock and might not survive more than a few hours.

* * *

"Here's the key principle," Peter Sprigg, a gay-marriage opponent with the Family Research Council, said in an April radio interview on Southern California's KCRW. "Society gives benefits to marriage because marriage gives benefits to society. And therefore the burden of proof has to be on the advocates of same-sex marriage to demonstrate that homosexual relationships benefit society. Not just benefit the individuals who participate but benefit society in the same way and to the same degree that heterosexual marriage does. And that's a burden that I don't think they can meet."

Can't they?

* * *

Having just been told, at 3 a.m., that his partner of three decades might die within hours, Mike Brittenback was told something else: Before rushing to Bill's side, he needed to collect and bring with him documents proving his medical power of attorney. This indignity, unheard-of in the world of heterosexual marriage, is a commonplace of American gay life.

Frantic, Mike tore through the house but could not find the papers. He would need to retrieve them from a safe-deposit box. Which was at a bank. Which did not open until 9 a.m.

Somehow Mike made it through the next six hours, "crying and frantic and all kinds of awful things running through my mind," fetched the documents, and got on the road. By some higher mercy, those lost hours did not cost Bill his life. When Mike arrived in Philadelphia on Saturday afternoon, Bill was still alive, though in grave danger.

Mike had packed clothes for a week.

* * *

National Review has a cover story this month by Maggie Gallagher, a prominent anti-gay-marriage activist, subtitled: "Why Gay Marriage Isn't Inevitable." She is right, in a sense. Most states explicitly ban same-sex marriage, often by constitutional amendment, and the country remains deeply divided. The national argument over marriage's meaning will go on for years to come.

In another sense, however, she is wrong. Never again will America _not_ have gay marriage, and never again will less than a majority favor some kind of legal and social recognition for same-sex couples. The genie that gay-marriage opponents still hope to stuff back into the bottle is out and out for good.

Oddly, Gallagher, Sprigg, and other gay-marriage opponents don't understand why this has happened. It comes down not to demographics (young people are more likely than their elders to favor gay marriage, but the demographics are changing quite slowly), nor to liberal elites' cultural influence (Gallagher's explanation). It comes down to Mike and Bill.

* * *

At the hospital, Mike found Bill in an induced coma, attached to so much equipment that the only place Mike could touch him without touching a tube was on the forehead.

A vigil began. Mike spent days at Bill's bedside and nights at a hotel. His career and personal life mostly stopped while he fielded queries from friends and relatives, kept in close touch with Bill's anxious parents, and dealt with mail and household business from Columbus. Above all, he managed Bill's care.

Bill had repeated setbacks. Two cardiac arrests. The dialysis machine kept failing. Thrush spread to the lungs. Heart arrhythmia. Hallucinations. Trouble removing a breathing tube. In person by day, on the phone at night, doctors huddled with Mike.

Days stretched into weeks. Thanksgiving came and went. Six weeks passed in Philadelphia. "I never missed a day," Mike recalls. "I felt he needed me there. I really felt he knew I was there. He would smile when I came in, even when he was in an induced coma."

* * *

Peter Sprigg and Maggie Gallagher are cut from different cloths in some respects-Sprigg condemns homosexuality, whereas Gallagher accepts it-but they have in common what they offer to couples like Mike and Bill: silence. The same is true of nearly all other prominent opponents of same-sex marriage. (David Blankenhorn of the Institute for American Values is an honorable exception.)

If gay couples can't be allowed to marry, what _should_ they be able to do? Asked this question, cultural conservatives say, in the words of Tom Lehrer's song about the German rocket scientist Wernher von Braun, "That's not my department." Effectively, conservatives are saying that what Mike and Bill do for each other has no significance outside their own bedroom.

But what happened in that hospital in Philadelphia for those six weeks was not just Mike and Bill's business, a fact that is self-evident to any reasonable human being who hears the story. "Mike was making a medical decision at least once a day that would have serious consequences," Bill told me. Who but a life partner would or could have done that? Who but a life partner will drop everything to provide constant care? Bill's mother told me that if not for Mike, her son would have died. Faced with this reality, what kind of person, morally, simply turns away and offers silence?

Not the sort of person who populates the United States of America. If Republicans wonder why they find themselves culturally marginalized, particularly by younger Americans, they might consider the fact that when the party looks at couples like Mike and Bill it sees, in effect, nothing.

* * *

By Thanksgiving, Bill was stable enough to be brought out of sedation. As he drifted in and out of consciousness, he formulated a plan. Tubes and a tracheostomy prevented talking, but almost as soon as he could write on a whiteboard, he scrawled a message for Mike. "Will you marry me?"

Mike broke down. "I cried. It was tears of joy."

In January, now back in Columbus, Bill was finally released from the hospital, his weight down by more than a fourth. Over the next few months, he underwent weeks of physical therapy, and Mike developed post-traumatic stress disorder, and Bill's mother died, and Bill decided not to renew his deanship. In the press of events, the marriage proposal seemed to recede. In conversations with Mike, Bill equivocated about when to tie the knot.

* * *

Conservatives have a decision to make. They can continue pretending that the bond between Mike and Bill does not exist, is of no social value, or has no place on conservatives' agenda. Doing so would be of a piece with their retreat to economic Hooverism, their embrace of cultural Palinism, and, in general, their preference for purity over relevance.

Or they can acknowledge what to most of the country is already obvious: Whether the nation finally settles on marriage or on something else for gay couples, Bill and Mike are now in the mainstream and the Republican Party is not. If cultural conservatism continues to treat same-sex couples as outside the social covenant, the currents of history will flow right around it, and future generations of conservatives will wonder how their predecessors could ever have made such a callous and politically costly mistake.

* * *

This month, Mike and Bill will vacation on Cape Cod. Mike is expecting to relax. Bill has been shopping, secretly, for wedding rings. His equivocation, of course, is a ruse. Same-sex marriage is legal in Massachusetts. On August 20, without warning Mike, Bill will produce the same whiteboard that he used in the hospital last year, and on it he will again write, "Will you marry me?" Four days later, they will be married in a small ceremony with friends.

"When I asked him to marry me in the hospital," Bill says, "I have never seen a smile on his face like that. I have never seen that kind of joy. Ever. I want to re-create that. And that's why I want this to be a surprise."

And so it will be, reader, if you can keep a secret.

Face It: ‘No’ Means ‘No’

Last month, former president Bill Clinton joined the increasing number of Democratic politicians who publicly back same-sex marriage. Granted, Clinton's endorsement - offered in response to a questioner at a Washington conference for liberal college activists - was heavily qualified: Clinton said he is "basically in support" of providing legal recognition to gay couples.

This latter-day epiphany from the man who signed the 1996 Defense of Marriage Act, which prohibits the federal government from recognizing same-sex unions, earned warm praise from gay activists. "I personally support people doing what they want to do," Clinton said, and people seemed to believe his apparent change of heart.

Others, however, claimed to know that he has been for gay marriage all along. Kerry Eleveld, Washington correspondent for The Advocate, wrote that "no one ever really believed [Clinton] opposed marriage equality. Call it craven politics, but everyone knows Clinton signed DOMA into law before the '96 election to avoid a potential GOP family-values offensive at the ballot box." Eleveld and others contend that support for same-sex marriage among liberal elected officials is a given. It's just that pesky political exigencies prevent them from publicly expressing their "real" beliefs.

There's no doubt that part of Clinton's motivation for signing DOMA was to prevent the Republican Party from using it as a wedge issue. But whether or not that law went against his actual convictions, it is part of Clinton's legacy to the gay community, along with "don't ask, don't tell." Repealing both is the most important task of the gay rights movement today.

When it comes to same-sex marriage, the movement can't count on support from the current president either. When White House press secretary Robert Gibbs was asked about Clinton's comments, he told reporters that his boss "does not support" same-sex marriage. "He supports civil unions," Gibbs assured. And despite President Obama's statement that he opposes the ban on gays serving openly in the military, Democratic Rep. Alcee Hastings (Fla.) last week said that the White House pressured him to withdraw an amendment that would have prohibited funds from being spent on investigating "don't ask, don't tell" violations.

Even if Obama does in fact believe in marriage equality, he hasn't done - and is unlikely to do - much to forward the cause. And apart from some toothless sniping from a handful of gay activists and donors, he seems to be getting away with it. In this way, the presumed (yet secret) good intentions of Democrats can wind up doing more harm than good: They tell the gay community that Democrats are at least better than the GOP, thus providing an excuse that can be employed endlessly while they stall.

This trust in covert backing from liberal elected officials is an article of faith among most supporters of same-sex marriage. In a recent interview with Newsweek, gay playwright Tony Kushner spoke of Obama's secret belief in the righteousness of same-sex marriage as if it were painfully obvious. "Pbbbht! Of course he's in favor of gay marriage!" Kushner exclaimed. His views were echoed by Steve Hildebrand, a gay political consultant who served as Obama's deputy national campaign director. "I do believe that in his heart he will fight his tail off until we've achieved full equality in the gay community," he told journalist Rex Wockner. I've lost track of the number of liberal friends and acquaintances, gay and straight alike, who assure me that Obama "really" supports same-sex marriage and, furthermore, that this point is obvious.

How can they be so sure? People want to like political leaders, and when someone as charismatic as Clinton or Obama comes along, it's easy to ignore the facts that get in the way of an idealized image. That liberal politicians are indifferent - if not outright opposed - to same-sex marriage stands at utter odds with liberals' notion of an enlightened community of like-minded progressives. "Does anybody actually believe that Barack Obama and Michelle Obama think that we shouldn't have - that this man who is a constitutional-law scholar - is it a complicated issue?" Kushner sputtered, as if anyone who disagreed were an imbecile.

Because people such as Kushner view political liberalism as a positive personality trait and not just a worldview, they assume that someone who opposed the Iraq war and sees himself as a "citizen of the world" would also believe in the right of gays to marry. People cannot conceive that such a cosmopolitan and eloquent man as Obama would disagree with them on an issue that they consider a no-brainer.

This is convenient for liberals because it allows them to deflect blame from politicians they like onto those they don't, namely conservatives, the sincerity of whose opposition to same-sex marriage they never challenge. If only Republicans desisted in their homophobia, this narrative goes, justifiably timid liberals would come out of their closets of prevarication, so to speak, and support gay marriage unambiguously.

Framing gay rights as a strictly partisan issue also allows liberals to obscure the awkward fact that while they are more likely than conservatives to support same-sex marriage, a key Democratic constituency, African Americans, overwhelmingly opposes it. Obama's history on the issue does have a complicating twist. On a 1996 Illinois Senate race questionnaire, Obama (or more likely a staffer) wrote, "I favor legalizing same-sex marriages, and would fight efforts to prohibit such marriages." Liberals take from this revelation the assumption that Obama's apparent flip was insincere.

But there is nothing in his record since he became a national political figure that should give them any reason to think he will revert to his supposedly pro-gay-marriage position. And if Obama actually does believe in same-sex marriage, that makes his public opposition to it worse than it would be if he were genuinely opposed. How is it in any way reassuring to liberals to suppose that a politician agrees with them while selling them down the river? Even if Obama's apparent flip isn't genuine, he nonetheless acts as if it were, rendering his supposedly silent support worthless in tangible political terms. Whatever he "really" thinks, Obama's stance on gay marriage is virtually indistinguishable from that of John McCain.

For some time, liberal politicians have taken a largely wink-and-nod approach to gay issues. They've done so with the excuse that the culture must catch up before any progress can be made (an excuse that conveniently doesn't apply to other liberal interest groups, such as unions and trial lawyers, that do very well when Democrats are in power). Obama paid tribute to this timeworn tactic recently when he told gay activists at the White House: "I want you to know that I expect and hope to be judged not by words, but by the promises my administration keeps. By the time this administration is over, I think you guys will have pretty good feelings about the Obama administration."

Talking about "feelings" is a cuddly liberal pastime, and Obama's promise conjures up the phrase that Clinton famously entered into our political lexicon when he told an angry AIDS activist, "I feel your pain." Maybe now, when it comes to same-sex marriage, he finally does. But it would be nice to have a sitting president whose feelings translate into action.