No Excuse for Kerry

On July 14, the Senate effectively killed the Federal Marriage Amendment. Ninety-eight Senators were there; only two were not. Unfortunately, the absentees were John Kerry and John Edwards-the Democratic presidential ticket.

Both had already made it clear they oppose a constitutional amendment, so why not actually vote against it? The answer they have given is disingenuous; the real reason for their absence should be disturbing to anyone who's hoping a President Kerry might actually take some chances to advance gay equality.

Kerry has missed many Senate votes over the past few months while campaigning. However, when a matter has come up that he cares about or that has important political implications-like a veterans' issue-he has altered his campaign schedule to return to Washington. You can tell what really counts for Kerry simply by listing these moments of campaignus interruptus.

According to a Kerry campaign spokesperson, while the Senate was voting on gay Americans' constitutional future, the Democratic nominee was in Boston "preparing for the convention," whatever that means. In this modern age of telephones, fax machines, and email, it's hard to imagine Kerry couldn't have prepared for the Democratic convention from his Washington Senate office. (Edwards was giving a speech in Des Moines, which is more excusable but hardly Earth-shattering.)

Is a last-minute plane flight from Boston to D.C. prohibitively expensive? I checked Travelocity. With one-day's notice you can get a round-trip ticket starting at $201. According to a friend of mine who has raised funds for Kerry in San Francisco, he's gotten more than half a million dollars from gays in the Bay Area alone.

Here are three common excuses for Kerry's absence.

Excuse No. 1:

The vote was on a procedural motion, not the substance of the amendment.

This is the excuse offered by Kerry and Edwards themselves, who claimed they would have attended an actual vote on the FMA. The implication is that this "mere procedural vote" wasn't very important.

That's nonsense. During the 1960s, the most important votes on civil rights legislation were "procedural" votes to close debate. Nobody who knows how Congress operates thinks they're trivial. They're often the most effective way to defeat legislation.

Everyone understood that the July 14 vote would be tantamount to a vote on the FMA itself; indeed, it was probably the only vote we'll have on the FMA this congressional session, perhaps ever. "We are casting this, as are our enemies, that this is absolutely a vote on the FMA, this is not a procedural vote, this is a substantive vote," said Human Rights Campaign Executive Director Cheryl Jacques on July 6.

You can gauge the significance of the vote by the reaction to it. Gay groups rejoiced; religious conservatives vowed to fight another day. The media played it as a knockout punch, not a technical triumph. Here was the front-page headline in the New York Times: "Senators Block Initiative to Ban Same-Sex Unions; Amendment, Endorsed by Bush, Fails After Days of Debate."

Excuse No. 2:

Kerry's vote wasn't needed to defeat the amendment.

This is true, but irrelevant. It ignores the fact that opponents of the FMA considered it essential not just to win, but to win big. Again, listen to HRC's Jacques, speaking to reporters the week before the vote: "It isn't just about narrowly defeating this measure, it's about winning soundly, sending a clear message to the House and to the states [considering state constitutional amendments] that discrimination is wrong.... [Kerry] will be there."

It was unclear immediately before the vote whether the FMA would get a bare majority, which would've been a symbolic majoritarian victory for its advocates (though still short of the 60 votes they needed for cloture). In the end it was close, but they didn't get a majority. But we didn't know that beforehand, and neither did Kerry.

In fact, over the past few months Kerry has hurried back to Washington to vote on other issues even when his vote wasn't "needed." What was different this time?

Excuse No. 3:

"This effort [to pass the FMA] is about re-electing George Bush and we don't blame John Kerry and John Edwards for not participating."

That's the word-for-word rationale I received from HRC's political director the day after the vote. It not only contradicts what HRC said before the vote (see # 1 and #2 above), but it's no excuse at all. Every anti-gay effort in Congress has both political and ideological aims. If avoiding even small political cost on gay issues is reason enough for Kerry to stand down from a fight, please remind me what the point of supporting him is.

That gets us to the real reason Kerry stayed away. Since he has publicly opposed a federal amendment, he's already paid most of whatever political price that opposition will entail. The GOP will still run commercials against him for it, and Bush will bring it up in the presidential debates. His vote would have increased the political cost only slightly.

Kerry does not believe we're worth that small additional political cost, even on an issue as fundamental as amending the Constitution. And politically it's a safe call for Kerry since he believes we have nowhere to go.

Considering only gay issues, a friendly but utterly uncommitted candidate (Kerry) is still preferable to a committed and hostile one (Bush). But let's have no illusions about the choice, or about the likely fecklessness of a Kerry administration.

The Anti-Arnolds Take Offense.

California Democrats and left-leaning gay activists are up in arms over a quip last weekend by Gov. Arnold Schwarzenegger, one of the most pro-gay governors in the nation (just how many top Democrats have gone on national TV and said they have "no problem" with legal gay marriage?).

In a speech about the state's stalled budget, Schwarzenegger joked of the Democrat-controlled legislature: "[i]f they don't have the guts to come up here in front of you and say, 'I don't want to represent you, I want to represent those special interests, the unions, the trial lawyers' ... if they don't have the guts, I call them girlie men."

The phrase, of course, comes from an old recurring "Saturday Night Live" skit in which Arnold-style, Austrian-accented body builders say it ubiquitously. But now out come the language police, declaring that the governor's use of the SNL parody line, in which he's making fun of his own reputation for muscleheadedness, is "homophobic" and "sexist."

"It's really painful to hear the governor resort to such blatant homophobia," Sen. Sheila Kuehl (D-Santa Monica), an open lesbian, told the Los Angeles Times, doing her best to parody a hopeless politically correct, censorious, grievance-collecting liberal. "There are many people who are very upset and think he owes an apology to women and to the gay community," said gay Assemblyman Mark Leno, D-San Francisco. I'm just waiting for the governor's liberal opponents to label his jibe racist and anti-poor, but I'm sure they're working on that one, too.

Democrats are now using the brouhaha to fight the governor's budget reforms and defend their gutless pork-barrel ways. "Why would I possibly call him?" said Democratic Senate leader John Burton. "Why in God's name would I call him? I mean, I'm not that much of a girlie man."

Comments Log Cabin California's Jeff Bissiri:

"The Governor's use of the term 'girlie man' was not a slur aimed at the gay and lesbian community and Senator Kuehl knows that", Bissiri stated. "Where was her outrage when the [Democratic gubernatorial candidate Cruz] Bustamante campaign referred to candidate Schwarzenegger as a 'sissy' for not agreeing to an endless series of debates?" Bissiri added.

Where indeed? For his part, Schwarzenegger now says the legislators are "acting like children" (whoops, call out the Children's Defense League) in order to protect the trial lawyers, unions and other special interests who are dug in at the Capitol "like Alabama ticks" (let's add the ASPCA and the Alabama Cultural Heritage Committee to the list of offendees).

GOP Losing the Future.

Writing in the New York Post, Ryan Sager explains why the Bush/Rove strategy of genuflecting to the religious right may drive away the next generation of voters. Of the GOP, he writes:

its leadership may well come to realize that gay marriage was the wrong territory on which to plant their flag.... The Republicans have put themselves on the wrong side of a generation gap. And it won't be easily papered over as today's young voters age into older voters -- who are more likely to show up at the polls.

When it's one of your first presidential elections -- as it is for me -- it's no trivial matter that voting Republican means a vote for a party catering to the worst prejudices about our brothers, sisters, friends from high school, college roommates, co-workers, bosses, drinking buddies and the like.

I'm not sure I can do it. And, if it weren't for the War on Terror, I know few for whom it would even be a question.

And for what purpose? As the Los Angeles Times reports:

For all the attention from the White House, some social conservative leaders are complaining that Bush and others in his administration were too measured in their support for a constitutional amendment to ban gay marriage....

Some conservative activists also are protesting that their most prominent allies have not been given prime speaking spots at next month's Republican National Convention....

"It appears the president has extraordinary passion on his issue, but it doesn't seem that the passion is matched across his administration," said David Zanotti, president of the Ohio Roundtable, an advocacy group for "traditional Judeo-Christian philosophies."

Note to K. Rove: Short of declaring a theocracy, there really is no way to win over the support of these extremists. But I'm sure you'll keep trying.

Family Values.

Also noted in the same LA Times piece:

[Vice President] Cheney and his wife, Lynne, devoted much time on a recent bus tour through battleground states to talking about values and family. Speaking before partisan, conservative crowds, they introduced their 10-year-old granddaughter and celebrated the birth of their first grandson, children of their other daughter, Elizabeth. But they did not introduce Mary -- a full-time campaign staffer who accompanied them on the tour.

Mary, of course, being the out lesbian of the family.

Conservatives Against the Amendment.

Former Georgia Congressman Bob Barr, author of the Defense of Marriage Act, explains why conservatives should be glad the Federal Marriage Amendment failed:

the FMA -- had it been ratified -- would have neutered state authority. Moreover, it would have done so in order to promote a certain brand of social conservatism. I might agree with many of the tenets of this type of social conservatism, but I also believe that these should be promoted through lengthy and democratic deliberation -- not imposed without such deliberation, and especially not imposed by Washington.

And Lyn Nofziger, Ronald Reagan's former press secretary, takes a similar view:

Prohibition aside, efforts to limit freedom by way of constitutional amendments generally have failed, for the reasons that they intrude on state's rights, they are not necessary or their purposes are to limit freedom. ...
On other matters Ronald Reagan used to say that the great thing about America was that a person could vote with his feet. That is, if he didn't like the situation in his town or state he was free to move. This, it seems to me, applies to this issue, too. If you don't like the way your town, state or church deals with homosexual issues and you feel really, really strongly about it you can move.

A constitutional amendment would take that right away from me -- and you. And, while I don't know about you, I am not prepared willingly to accept that possibility.

Some conservatives actually do stick to their principles, even when this leads them not to take the partisan anti-gay position.
--Stephen H. Miller

The Other Critics of Gay Marriage.

Let's not forget that a segment of the gay left has never come onboard the marriage fight. Writes gay "progressive" Michael Bronski in The Boston Phoenix:

Alongside the well-worn plea for gay cultural liberation is emerging a critique of gay marriage based on class rather than culture. Indeed, the push to legalize same-sex marriage has been so rushed and emotionally heady...that complicated legal issues with particular implications for the working poor and people of color were quite simply ignored.

...in the Boston College Law Review, lawyers Kara S. Suffredini and Madeleine V. Findley argue persuasively that while same-sex marriage will provide advantages to some people -- those with incomes that are middle class or higher -- it could have deleterious effects on other groups. Suffredini and Findley examine a myriad of commonly accepted myths about the benefits of same-sex marriage and discover that, often, they deliver far less than they promise, especially if you are poor....

...the simple fact remains that the fight for marriage equality is at its essence not a progressive fight, but rather a deeply conservative one.

Oh, the horror of gays working for mere legal equality, rather than to undermine capitalism and patriarchy!
--Stephen H. Miller

More Recent Postings
7/11/04 - 7/17/04

Guess Again.

Reports Bob Roehr in the Windy City Times, on a recent assertion by Human Rights Campaign President Cheryl Jacques:

"We are casting this, as are our enemies, that this is absolutely a vote on the FMA, this is not a procedural vote, this is a substantive vote," Jacques said at a July 6 telephone news conference. "It isn't just about narrowly defeating this measure, it's about winning soundly, sending a clear message to the House and to the states [considering state constitutional amendments] that discrimination is wrong."

When asked whether Sen. John Kerry, the presidential candidate they have endorsed, will be present to vote on this measure, Jacques strongly asserted, "He will be there."

Roehr then quotes campaign spokeswoman Stephanie Cutter saying Kerry would not be participating in the FMA debate or vote because he'd be "in Boston 'preparing' for the Democratic convention."

Kerry/Edwards were the only two senators not to vote on the amendment.

Dissatisfied with Bush and Kerry?

From Libertarian Party presidential candidate Michael Badnarik, as posted on the LP's website:

"When two people say 'I do,' the government has no business saying: 'Oh no you don't!' -- says Libertarian presidential candidate Michael Badnarik.

"The only reason that marriage licenses even exist is that state and local governments once mandated them as a way to enforce laws against interracial marriage," he said. "In other times and places, marriage licenses were denied to interracial or other politically incorrect couples, just as they can be denied to gay couples today."

As long as any governmental group -- federal, state or local -- controls marriage, controversy will erupt, Badnarik pointed out, because politicians will always have something to gain by favoring one group over another.

The Libertarian solution: Turn decisions on marriage over to "a higher authority" -- namely, churches, other voluntary organizations and individuals.

If your option is not voting, he's an alternative.

One Day After.

They couldn't even get a majority for cloture. Final vote, 48-50. Three Democrats voted for the marriage ban amendment (including extreme homophobe Robert Byrd of W. Va.), while six Republicans crossed party lines to vote it down.

The very conservative Wall Street Journal editorial page, surprisingly, came out against the amendment. Along with Lynne Cheney's apostasy, it's evidence of further cracks on the right.

The only two senators not voting: Kerry and Edwards. The AP daybook placed Kerry at home in Boston -- not on the campaign trail, but not showing up in the Senate to vote on a proposed constitutional amendment. The great gay hope? Puleeeze.

Not voting may prove to have been a poor idea. Kerry's big problem is being seen as a waffler who tries to have it both ways -- voting for the war then against funding it, etc. Now add to the list that he opposed the Federal Marriage Amendment but not enough to vote against it. It's a matter of principle, and Kerry is principle-deficient. But his strategists no doubt took a narrower view, surmising there'd be no gain from voting against the ban (the gay vote is sown up tighter than a drum), and no pain for not voting against it. The politics of the free ride triumphs again.

I often hear, why do you hold Kerry to such a higher standard than the Republicans (in language not so polite). The reason is that we as a community are giving Kerry our money, labor and votes, that's why! If you buy a car from dealer A, you expect to have the car delivered. You kind of expect that dealer B across the street won't be giving you a car. But if dealer A fails to follow through, or provides a cheaper model (he figures he can get away with it because, in fact, dealer B doesn't much like your kind), you still have a right to feel cheated.

McCain Has It Right.

CNN reports:

Republican Sen. John McCain of Arizona broke forcefully with President Bush and the Senate GOP leadership Tuesday evening over the issue of same-sex marriage, taking to the Senate floor to call a constitutional amendment to prohibit the practice unnecessary -- and un-Republican.

"The constitutional amendment we're debating today strikes me as antithetical in every way to the core philosophy of Republicans," McCain said. "It usurps from the states a fundamental authority they have always possessed and imposes a federal remedy for a problem that most states do not believe confronts them."

Out with a Wimper.

So the Bush-backed anti-gay Federal Marriage Amendment sailed toward its doom in the Senate, where GOP mismanagers at the last minute, and to no avail, tried to increase its appeal by removing a clause that would ban "marriage or the incidents thereof" (i.e., domestic partnerships and civil unions). They thus succeeded in angering the religious right (which has held that "marriage by another name" must also be banned) in addition to driving away the 1 million gay votes Bush garnered in 2000.

This isn't the end. House Republicans vow to bring up the amendment and possibly other anti-gay legislation before the election. And Senate majority leader Bill Frist insists that the measure will be back in his chamber for another vote. Split the party, burn the big tent, drive out moderates -- all worth it to prevent gay equality under the law.

Because the amendment died in a "procedural" vote, Kerry/Edwards will get a free ride for not voting. They had interrupted their campaigns in the past to vote on issues vital to what they consider their key constituencies in need of courting -- labor, Hispanics, etc. Shouldn't that tell gay activists something? Dream on.

The FMA, Right and Left: Mendacity All Round.

Tuesday's Wall Street Journal has a powerful op-ed against the Federal Marriage Amendment by esteemed University of Chicago law professor Richard A. Epstein, titled "Live and Let Live: A constitutional libertarian's case for same-sex marriage" (it's online only for WSJ subscribers). Epstein writes:

When President Bush, for example, talks about the need to "protect" the sanctity of marriage, his plea is a giant non sequitur because he does not explain what, precisely, he is protecting marriage against. No proponent of gay marriage want to ban traditional marriage, or to burden couples who want to marry with endless tests, taxes and delays. All gay-marriage advocates want to do is to enjoy the same rights of association that are held by other people.

But Epstein doesn't let leftist activists off the hook, either, citing their clear double standards:

on associational freedoms, the American left has become far more statist in rejecting freedom of association claims in the Boy Scout and campaign finance cases. Its support for gay marriage, therefore, looks opportunistic because it refuses to apply the same standard of free assocaion to economic legislation for fear of what it will do to unions and their fiefdoms.

In its own way, the moral left is as authoritarian as the moral right. Judged against the left's own fractured standard, the conservative criticisms of judicial activism hit the mark. But the conservatives' plea for democratic federalism in defense of traditional values, and then for a constitutional amendment, is wholly misguided. Restore individual liberty to center state, and this state restriction on same-sex marriages fails to the ground with the same speed as the full panoply of employment regulations, and the extension of antidiscrimiation laws into ordinary social and religious affairs.

Read the whole thing if you can.

The Vote Approaches.

The Senate's Federal Marriage Amendment vote, expected on Wednesday, is being held so Republicans can identify and bludgeon Democrats who vote against a national ban on same-sex marriage (and presumably against civil unions, too, given the amendment's ambiguous language about "marriage or the incidents thereof"). But a silver lining is the opportunity it affords us to identify Republicans willing to buck their party's now-dominant theocratic wing, as well as those Democrats who take our money and votes, and give nothing but empty rhetoric in return.

The amendment won't come close to the two-thirds needed, but will it obtain over 50 votes in a Senate split nearly evenly between the parties? We'll soon see.

Update: The AP is reporting, "Kerry, Edwards May Not Vote on Marriage." I suspect enough pressure will be brought to bear that they show up; if it's not, and they don't, then the foot lickers over at the Human Rights Campaign should be run out of town on a rail.