The Abandonment of Incrementalism.

Perhaps it was morally right to adopt a strategy of using state courts to gain full marriage equality, damn the consequences, but in retrospect there was little real debate within what's called the gay "community" about the risks of going for full marriage, rather than spousal rights through civil unions.

From the AP (via the Washington Blade):

German lawmakers expanded the rights of same-sex couples last week, allowing registered domestic partners to adopt each other's children and making rules on splitting up and alimony similar to those for heterosexual marriages.

That's the incremental approach that got the Netherlands and Belgium from civil unions/partnerships to full marriage -- but not in one, judicially degreed swoop. It's the path we were on in this country, state by state, until the Massachusetts Supreme Judicial Court's marriage ruling, followed by San Francisco Mayor Gavin Newsom's high-media (but legally vacuous) gay marriage decree.

As good as those developments felt, they were seen as a radical slap in the face by the conservative U.S. electorate, which differs markedly from Canada, where judicially ordered same-sex marriage is not, apparently, provoking a comparable backlash. But in this country, the slew of state amendments banning gay marriage -- and in several cases, now even civil unions -- shows that we've reaped the whirlwind.

From liberal Tina Brown's Washington Post column:

On Wednesday morning, even the gay editors of liberal upscale magazines were prepared to tell you that if there's one person who should get a big bouquet from Karl Rove it's Massachusetts Chief Justice Margaret Marshall, aka Mrs. [columnist] Anthony Lewis, who forced her state to authorize gay marriage.

From a Wall Street Journal editorial:

Having ignored the 11 state gay marriage initiatives before Tuesday's election, our friends in the mainstream media now can't talk about anything else. They seem astonished that even voters in Oregon and Michigan, states that President Bush lost, supported traditional marriage by landslides.

Will we have a wide-open debate about strategy now? In the wake of last week's electoral losses, activists' are pledging a new round of lawsuits to overturn what the voters decreed. Will these suits focus on the civil unions bans while working to educate the country on marriage rights? I doubt it.

[Update: A reader responds, in our mailbag.]

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10/31/04 - 11/6/04

The Gay Leadership Crisis.

Gay Patriot West takes a look at just how wrong-headed HRC has been, with its focus on defeating Bush instead of fighting state referendums. And an excellent point relayed about their infantile "George Bush, You're Fired" sound trucks during last summer's GOP convention:

Who were they trying to influence? I mean, did HRC actually think GOP delegates who spent thousands of dollars to go the convention (not to mention all the political capital, such as years of activism for GOP causes, it takes to win election as a delegate) would read those signs and change their minds about a man whose nomination they came to celebrate?

[Update: As quoted in the Washington Blade, gay Republican activist Carl Schmid drives the point home:

"You can just fight, fight, fight and try to defeat these Republicans, but that hasn't been successful," Schmid said. "HRC spent millions to defeat Republicans and maybe they should spend some money on educating Republicans. The issue of gay marriage is not doing so well. I don't think 'George Bush: You're Fired' does a good job at educating America about gay marriage."]

Gay Patriot also ponders why Log Cabin can't bring itself (as of this late writing) to comment on Bush's victory. I'd add that LCR has a big problem right now. The nonendorsement (which I supported) and public criticism of Bush (which I think did veer close to endorsing Kerry) put them on the outs with the White House. For the life of me, I can't fathom why or how Chris Barron, who began 2003 supporting John Edwards for president, became political director and spokesperson -- the most highly visible position after executive director Patrick Guerriero. Did this not seem like it would be a problem?

And I'm disappointed that when Bush made his statement a few weeks ago that civil unions were ok by him and that the GOP platform committee was wrong to oppose them, there was no response whatsoever from LCR. Talk about missing an opportunity to re-open dialog! This really did make it seem that they were hoping and betting on a Kerry victory.

LCR is needed, but Guerriero and the board have made terrible mistakes. If they don't shape up, they'll remain totally marginalized. Championing core Republican policy initiatives would help them re-establish their now-in-doubt GOP credentials and not seem like Democrats in drag. Sulking with the gay left about Bush's victory (with over 1 million self-identified gay votes!) is simply churlish.

Massachusetts Court Gave Bush Victory.

Writing in the well-respected Washington Monthly, columnist Kevin Drum argues that in retrospect "the most important event of the campaign" was:

the Massachusett's Supreme Court's decision to legalize gay marriage. The result was nearly a dozen initiatives across the country to ban gay marriage and a perfect wedge issue for Republicans.

Over at one of my favorite sites, Tech Central Station, Arnold Kling writes:

Although I take a liberal attitude toward gay marriage, I do believe that the Massachusetts Supreme Court need not have found a right to gay marriage in that state's Constitution. The Democratic Party reaped the whirlwind from that exercise in judicial activism.

And at The Agitator site, libertarian blogger Radley Balko concurs.

Gay activists who bellow that those who voted to ban gay marriage are all "bigots" and "haters" don't get it. Most of those voters are work-a-day folks who fear same-sex matrimony is an invitation to moral anarchy. We can say that's misguided, but it's just not the same thing as rank bigotry. And given the overall state of the culture, which is far ruder and cruder than ever, the fear that things are spinning out of control is not that hard to fathom.

What's needed is education over time, and probably the incremental steps of domestic partnerships and civil unions -- contrary to the Massachusetts court's radical judicial decree.

But gay activists still think filing lawsuits, regardless of popular opinion, is that path to victory. On the heels of the 11-state defeat, National Gay & Lesbian Task Force leader Matt Foreman issued a statement saying:

The results underscore why we have a Bill of Rights -- because it is always wrong to put basic rights up to a popular vote. ...In the end, we know the Bill of Rights will guarantee every American the freedom to marry. ...This is only one round and when the fight is over, complete equality for gay people will be the only side left standing.

The courts do have an important role in guaranteeing legal equality. But at the same time you can't just steamroll over popular opinion or (as I think Foreman does) dismiss it contemptuously and say only court rulings matter -- because in the end judges are either elected or appointed by those who are elected. And Big Daddy Government isn't going to do the job of reaching hearts and minds for us.

How HRC’s Partisanship Threatens Our Rights.

Sen. Arlen Specter (R-Pa.), a moderate, gay-rights supporting Republican poised to take over chairmanship of the Senate Judiciary Committee, "bluntly warned newly re-elected President Bush today against putting forth Supreme Court nominees who would seek to overturn abortion rights or are otherwise too conservative to win confirmation," reports the AP.

Specter helped kill President Reagan's nomination of arch-homophobe Robert Bork to the Supreme Court, and of Jeff Sessions to a federal judgeship. Specter called both nominees too extreme on civil rights issues. Sessions later became a Republican senator from Alabama and now sits on the Judiciary Committee with Specter.

The Human Rights Campaign vigorously opposed Specter's re-election, despite his co-sponsorship of the HRC's Employee Non-Discrimination Act (ENDA) and Hate Crimes Prevention Act, among other measures. If HRC had been successful and Specter had been defeated, the Judiciary Committee could have been headed by a right-wing social conservative such as Alabama's Sessions.

[Updte: A new letter in our mailbag takes me to task over Sen. Specter's liklihood to stand up to anti-gay judicial nominees.]

Miles to Go for Marriage

First published on November 4, 2004, in the The Dartmouth.

Our ongoing culture war over marriage for gays and lesbians bears striking resemblances to America's culture war over interracial marriage (also known as miscegenation, or the mixing of races). Like all analogies, there are differences as well as similarities, but perhaps we have not pressed the analogy far enough. The entire history of miscegenation has valuable lessons to teach us today.

Two items from that earlier struggle clearly mirror our current situation. First, the arguments against miscegenation sound eerily like the arguments against same-sex marriage, with appeals to the Bible, nature, tradition, and the welfare of children. Second, the 2003 Goodridge decision that extended marriage to gay couples in Massachusetts (a 4-3 decision) is reminiscent of the 1948 case of Perez v. Sharp (another 4-3 decision), in which California's highest court struck down that state's anti-miscegenation law some 20 years before the U.S. Supreme Court struck down all state and federal anti-miscegenation laws in Loving v. Virginia (1967).

But should we conclude that we are in a post-Perez, pre-Loving phase in the battle for marriage benefits for gay couples? No one seriously believes that the U.S. Supreme Court will impose gay marriage upon our nation anytime soon. Rather, recent events suggest that we are in a pre-Perez, post-Civil War phase of same-sex marriage, with many more twists and turns before us.

Consider first the politics of miscegenation. Interracial marriage is as old as humanity, and various cultures embraced miscegenation to varying degrees. The American colonies, for example, alternately allowed and discouraged the practice. It wasn't until 1863, though, that the issue heated up and boiled over into a presidential campaign.

The word "miscegenation" was coined that year when two Democrat writers anonymously published a pamphlet that extolled the virtues of interracial marriage. It was a trap, and some unwitting Republicans fell into it. The Democrats labeled the Republicans as being too pro-black for the good of the country. Abraham Lincoln had his hands full with a major war; his opponents tried to use miscegenation as a wedge issue. Today, Lincoln's party uses gay marriage as a wedge issue; the Republican National Committee even distributed a pamphlet in Arkansas and West Virginia that said the Democrats would ban Bibles and usher in gay marriage. Meanwhile, the Democrats work overtime to show themselves as not being too gay-friendly.

Then take the case of Burns v. State. In 1872, the Alabama Supreme Court ruled that the state's anti-miscegenation law was unconstitutional. There was such a backlash from white supremacists that, five years later in Green v. State, the court reversed itself and reinstated the law. Some states (like Massachusetts) repealed their anti-miscegenation laws in the 19th century, but others (such as Virginia) toughened their statutes. Fast forward to this year, when 13 states have amended their constitutions to forbid same-sex marriage and at least eight of these amendments also outlaw civil unions.

Consider also the goings-on at the federal level. In 1911, Rep. Seaborn Roddenberry (D-GA) introduced a constitutional amendment that would have outlawed miscegenation throughout the republic. His proposal was advanced at a time when state anti-miscegenation laws reached a peak in number and severity and when Jack Johnson, the 1910 black heavyweight champion, cavorted with white women. We see a similar attempt at the federal level to ban gay marriage at a time when state bans pass with supermajorities and gay couples are visible throughout society.

One other comparison needs to be drawn. Most Americans a century ago were not white supremacists. Many believed that blacks deserved some legal protections, and most knew that miscegenation was unlikely to affect them personally. All the same, these white Americans were ambivalent toward black Americans. They allowed the rhetoric and actions of white supremacists to prevail. They chose to ignore the hurtful - and sometimes fatal - consequences of their complicity. And all Americans continue to pay the price for that quiet capitulation to white supremacy.

Today, straight supremacists are trying to impose their vision of America upon those who are unsure about gay people. In this last election, 64 percent of voters said in exit polls that they support the legal recognition of gay couples. And yet many of these same people, goaded by straight supremacists, voted for laws that make legal recognition for gay couples all but impossible. Their hearts are in the right place, but when push comes to shove, they choose the preservation of privilege over the expansion of justice.

Eventually gay couples will achieve full legal equality throughout America, just as interracial couples achieved equality. How soon that day arrives depends on how loudly the advocates for same-sex marriage denounce straight supremacists and how long it takes the majority of Americans to abandon its double-mindedness toward gays. Even so, the sad history of miscegenation suggests that if we are in a pre-Perez phase, as I believe we are, full gay marriage equality may be years - even decades - away.

Exit Poll Shocker: 21%+ of Gays Vote for Bush.

Exit polls from CNN and the Washington Post report that 4 percent of the overall electorate self-identified as gay, lesbian or bisexual, down from 5 percent in 1996, (the Washington Blade has a good wrap up). CNN says Kerry garnered 77 percent of the gay vote; compared with the 70 percent that went to Gore four years ago (the 2000 figure is from an ABC poll). But hold on to your horses: Bush got 23 percent of gay votes this time, says CNN - the same percentage as four years ago. The Washington Post comes close to the same conclusion, putting the gay vote breakdown at 78 percent Kerry, 21 percent Bush and 2 percent Nader. And the polls were skewing toward Kerry!

Very quick analysis: gay culture is so dominated by liberal-left (and left-left) activists and media that we forget that many gay folks are just folks, going to work, running small businesses, attending church and worrying about security, taxes and crime. They don't view Bush with the paranoid vision of gay activists.

I can also relate that among a good quarter of gay folks there is outright hostility toward a dominant gay left that does not speak on their behalf, though it claims to. As for the Log Cabin Republicans, their "non-endorsement" of Bush didn't seem to have much effect on the gay GOP electorate, either.

[Update: In 2000, Bush actually received about 25% of the gay vote according to exit polls. If we take the 21% gay vote figure that the Washington Post reports Bush received this year, the falloff is 4% -- within the margin of error.]

The Day After.

Bush has won. And more comfortably than it seemed last night. I'm not in mourning. Kerry would have offered little to gays other than symbolism that didn't require expending political capital - and some mid-level patronage appointments to the leading gay Democrats who helped mobilize votes on his behalf. Gay Democrats demanded nothing of Kerry for their support, and nothing is what they would have gotten. The man who declared, "The president and I have the same position, fundamentally, on gay marriage. We do. Same position," would have proved, in this case at least, true to his word.

On the downside, anti-gay marriage bans (endorsed in principle by Kerry), bulldozed to victory in all 11 states that voted on them: Arkansas, Georgia, Kentucky, Michigan, Mississippi, Montana, North Dakota, Ohio, Oklahoma, Oregon and Utah. Amendments banning same-sex marriage were passed earlier this year in Louisiana and Missouri. They joined Alaska, Hawaii, Nevada and Nebraska, whose constitutions define marriage as a union between a man and a woman.

There's just no way to put a spin on that. But it does mean we need to ask a bold question -- given the American electorate, was fighting for the "M" word too much, too fast, too soon? Great Britain just established same-sex "civil partnerships" apart from marriage. That's the path taken by many EU countries -- even some, such as the Netherlands, that later evolved their partnerships into full marriage.

Prior to last year's Massachusetts' court decision declaring that the state must provide equal marriage access for same-sex couples, I feared that such a ruling would result in a huge backlash. Then I got caught up in the euphoria. Now, I think it would have been far better if the court had followed Vermont and ordered the rights of marriage, but not necessarily full marriage, via civil unions.

This is a matter that is, of course, debatable both in terms of what's right and what's strategic, but it's a debate we need to have.

Initial Election Reflections.

Four years of incumbency should have given a sitting president with a relatively robust economy a clear edge; instead, Iraq remained the dominant issue, trumping the economy and everything else - including gay issues. Americans are fiercely split over the war and its continuing casualties, though I believe history will judge Bush right on this, the big one.

Nevertheless, it's clear that his support for the Federal Marriage Amendment wasn't the winner Bush (and Karl Rove) expected it to be. The millions of "missing" evangelicals that Rove believed could be brought into the GOP fold never materialized. Instead, the FMA cost Bush the active support and votes of gay and gay-friendly moderates, libertarians and economic conservatives, as well as all those turned off by what seemed an extremist ploy. And significantly, the anti-gay perception helped drive away young voters, who turned out in higher numbers than ever and voted overwhelmingly for Kerry. The GOP now must decide whether, going forward, it will be the party of Arnold Schwarzeneggerr, John McCain and Rudy Giuliani, or of Bill Frist and Rick Santorum.

[Update: OK, if you've read down this far you know Bush's victory was bigger than it first appeared on Tuesday evening, and that the passage of gay marriage bans in 11 states (by huge margins) showed the issue did play a significant role. That's why this was an initial reflection. Enough of the e-mails! ]

More Recent Postings
10/24/04 - 10/30/04

It’s Different Over There.

The European Parliament forced the rejection of the Italian nominee to be the EU's commissioner for Justice, Freedom and Security after he caused an uproar by saying "homosexuality is a sin." OK, he additionally said marriage was designed to give women "the right to have children and the protection of a man," which also didn't sit too well with the liberal parliament.

Honest Abe.

I never put much stock in claims by Larry Kramer and others that Abe Lincoln was homosexual. But this review of an upcoming posthumous work by psychologist C.A. Tripp does seem to make a case. Still, there have been so many assertions that historical personages are "gay" based on scant proof that even a mountain of circumstantial evidence in Lincoln's case is likely to be scorned.