February 13, 2024

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  • Gay Marriage Issue Kicked Up Another Notch or Two

    I'm thinking that the gay marriage issue is going to be even bigger this year than expected in terms of it being a campaign issue. The evoution of the issue as policy and politics is moving faster than I (and I think many others) anticipated. Ironically, those in favor of gay unions may be shooting themsevles in the foot for pushing the issue, as instead of coming out of this with a compromise position, they may end up mobiizing the anti- forces and end up with very little (at least in the short term). Certainly events like this one: More Than 50 Gay Couples Are Married in San Francisco will go a long may toward mobilizing the forces behind the marriage amendment.

    I am unsure if the support exists, politically, to get such an amendment through the House, but I think there is a real possibility that support could be mustered--especially if pro-gay marriage advocates turn this into a confrontation. Indeed, politically, such a confrontation may not be wise, because sans a fight that fuels an amendment, I foresee the widespread advent of civil union laws which would likley be treated as "marriage" over time. Further, the courts have largely been on the side of gay marriage, but trying to force the issue may create a backlash in the general populace who believe that the courts have overstepped their bounds.

    Ultimately, I think that there will be some form og gay marriage/union in the relative near term--it seems unavoidable, but how we get there, and how messy it will be, is another matter. A big fight during a presidential year may bring a great deal of attention to the subject, but it may also backfire in the sense that it could help anti-gay marriage forces in terms of both the aforementioned amendment and in terms of the politics of judicial nominations.

    The biggest issue, however, is whether congressional support for a marriage amendment which defines marriage for all the states as a male-female union can be obtained. If it can, then I think it would be ratified by the requisite 3/4th of the states. If that happens, it will change the legal climate substantially, and will be a major set back for those who think that gay unions should be normalized under the law. As such, the may the current confrontation unfolds could have substatantial policy consequences.

    Other related stories:

  • Lawsuits in works for gay marriage plan

  • Massachusetts Lawmakers, After Heated Debate, Put Off Vote on Gay Marriage

  • Virginia House OKs ban on gay 'marriage'

    Posted by Steven Taylor at February 13, 2024 06:55 AM | TrackBack
  • Comments

    I'm thinking that the gay marriage issue is going to be even bigger this year than expected in terms of it being a campaign issue. The evoution of the issue as policy and politics is moving faster than I (and I think many others) anticipated.

    I predicted on James' blog that this would be the central theme of the election. After admitting I was going out on a limb, I said this would overshadow WMD, Vietnam et al. I might be right the way things are going.


    Ironically, those in favor of gay unions may be shooting themsevles in the foot for pushing the issue, as instead of coming out of this with a compromise position, they may end up mobiizing the anti- forces and end up with very little (at least in the short term).

    You are absolutely correct, I mailed that thought to Andrew Sullivan who laughed at it. Apparently he never learned how to boil a frog.

    Posted by: Paul at February 13, 2024 07:10 AM

    It won't be the issue--the economy will be, followed closely by national security. But it has the potential to be the chief cultural issue in the campaign.

    Posted by: Steven at February 13, 2024 08:06 AM

    heh- I did also note on James' blog that I was getting too old and out of shape to be going out on limbs. You may be right- but it is mighty volatile.

    Posted by: Paul at February 13, 2024 09:47 AM

    Homosexuals are in an all or nothing game now, and I expect they know it. It may or may not have been wise to get into this position in the first place, though that's a much more complicated matter than it probably seems at first glance, but now that they're in this position I don't see as they have much choice save to run as fast and hard with it as they can.

    There has been talk even here in ultra-liberal (if also terminally puritan) Massachusetts of a DOMA-style law or constitutional amendment for a few years now -- Jane Swift is really the only reason one didn't go before the voters and her actions were arguably illegal. Other states have been passing DOMA-style laws and constitutional amendments right and left. The supposed 'friend' of homosexuals, William Clinton, signed DOMA on the federal level. A DOMA-style federal constitutional amendment has been kicking around for a while now, albeit with less support than its proponents would like. There have been active efforts on multiple fronts for several years to see that there will *NEVER* be legal homosexual marriages and those efforts have been yielding successes in law. Given that, it's pretty hard to argue that if homosexuals just sit back and wait they'll get marriage or a pseudo-marriage eventually when laws are actively being passed to ensure that doesn't happen. In case no one has noticed, it's the homosexual's frog that is rapidly approaching the boiling point.

    Now the SJC has handed homosexuals in this state everything they could have dreamed of and a whole lot more than they probably realistically expected. The Finneran/Romney alliance has so far failed to get the MA Con-Con to pass any of the DOMA variants they've put up (three of the five proposals have been voted down). Even if something passes when the Con-Con reconvenes, it's still a long ways from there to its actual passage. In May there is either going to be a constitutional crisis when Romney/Finneran decide to thwart the SJC, as has been threatened, or legal homosexual marriages are going to become a reality in this country for the first time ever. Likely, one way or the other, the latter, and as soon as that happens it changes the equation markedly.

    Homosexuals quite rightly see that as something worth fighting for. What are they supposed to do? Go to the Con-Con and say "Oh we'll take a second class form of marriage, and thank you so much for it"? Doesn't make any sense and it wouldn't stop the other side from continuing to push more DOMA laws/amendments. The war is on, has been for quite a while, circumstances have handed them the only real opportunity they may get and they'd be stupid not to play for keeps. The other side sure as hell is going to.

    I've often thought homosexual rights groups incredibly tactically stupid, often alienating potential supporters over minor stuff that doesn't matter. But this isn't minor and this does matter, and tactically I can see no smart move other than to go all out for it even if it ends up costing them some support. They've got literally nothing to lose -- assurances that somehow they'll get a pseudo-marriage right 'someday' if they do nothing are foolish in light of thirty-something states passing DOMA laws -- and everything to gain.

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