First published on July 23, 2004, in the Chicago Free
Press.
The furor leading up to the disposition of the Federal Marriage
Amendment was a tangle of feints, posturing, mixed signals and
tactical maneuvering. But the final result was almost a
letdown.
In the end, anti-gay zealots and their fellow travelers were
unable to get even a simple majority on a vote to close off debate,
much less the 60 votes they needed and far less than the two-thirds
vote necessary to pass the amendment. And the 48 votes for cloture
included some Republicans such as U.S. Sens. Arlen Specter (Pa.)
and John Warner (Va.) who were willing to go along with party
leaders on cloture but announced their opposition to the amendment
itself.
But the "debate" - mostly "end of the world" rhetoric from
social conservatives - was disappointing since the issues were
never joined. As with the anti-gay marriage arguments all along, no
senator ever explained how marriage by gays would harm marriage,
children or the country.
Co-sponsor Wayne Allard, R-Colo., claimed that "Marriage is the
foundation of a free society." Wrong, bozo! The Soviet Union had
marriage. Communist China has marriage. The actual foundations of a
free society are - pay attention now! - private property, laws
against initiating force, enforcement of contracts and limited
government.
The supposedly pro-gay side was disappointing too.
Anti-amendment senators argued that the amendment was unnecessary
since the Defense of Marriage Act was in place. Or that the Senate
should be spending its time on other issues. But no senator, even
liberal senators with safe seats, ever managed to say that the
amendment was bad because gay marriage was a good thing, that it
would be good for gays and good for the country.
It was as if the Brave Knight rode up to a clearing where the
Evil Dragon had the Innocent Damsel tied to a stake and instead of
killing the dragon, the knight said to it, "Really now, this is
just so inappropriate at this time! I totally sympathize with your
feelings but we already have laws against unescorted damsels
gadding about outside of castles and, anyway, there really are more
important things dragons should spend their time on - like guarding
treasure hordes. And isn't this really just a ploy to get
attention, perhaps even a subconscious cry for help?"
To be sure, anti-amendment senators might say they were trying
to appeal to their undecided colleagues but does anyone really
think that by the time debate began any senator was really
undecided? Put it down rather to politicians' long ingrained habit
of anticipatory damage control, never exposing him - or herself any
more than absolutely necessary.
It was particularly disappointing that U.S. Sens. John Kerry and
John Edwards, touted by gay Democratic groups as "the most pro-gay
presidential ticket ever" managed to be elsewhere and were the only
senators not to cast a vote. To be sure, both men said they opposed
the amendment and would have returned to Washington had the
amendment itself been voted on.
So they said. But it cannot be encouraging for those seeking
evidence of either man's willingness to pursue gay-supportive
policies when faced with the risk of any political damage. Ah,
someone might say, but this is just during the campaign. Once they
are safely elected they will be different. Well, not necessarily.
After all, a President Kerry would want to be re-elected. Seeking
re-election, Bill Clinton signed the Defense of Marriage Act.
Supporters of the amendment say now they never expected to win
passage on the first attempt. Funny how they never said anything
like that before the debate. And they say they will bring the
amendment back again. Brave talk, but having lost once, and lost
significantly, momentum can hardly be said to be with them. So the
helium may be leaking out of their blimp. That would be for two
reasons:
1. Anti-gay advocates pin their hopes on defeating
senators, mostly Democrats, who opposed the amendment.
"This will be a big issue in November and I think a couple of
senators who we saw today won't be coming back in January,"
anti-gay crusader Gary Bauer said.
But gay marriage is hardly a major issue in most states and in
so close an election, President George W. Bush has no electoral
"coattails" to offer his party, so the GOP can expect to pick up at
most two or three seats, not enough to change the dynamics of the
senate. And at least one of those senators who won't be coming back
is amendment co-sponsor Peter Fitzgerald, R-Ill., who will likely
be replaced by Democrat Barack Obama.
2. Time is on the pro-gay side. Public opinion
continues to move slowly in a pro-gay direction, so as time goes on
the chance of the amendment's passage dwindles. Young people moving
into the ranks of voters are increasingly gay-supportive. The
New York Times reported recently that the former editor of
Northwestern University's conservative magazine "said his college
paper had trouble finding any conservatives on campus who supported
amending the constitution to ban same-sex marriage."