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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