At 01:52 AM 2/15/2004 -0500 Bryon Daly wrote:
>That said, while the MA SJC ruling is an amazing breakthrough, I wonder if 
>it will in some ways harm the gay marriage cause almost as much as help it.  
>The effect that the ruling is having is that it is having a polarizing 
>effect and getting gay-marriage opponents stirred up and prosposing 
>anti-gay-marriage legislation at the state level in many states and at the 
>national level.

I reached a similar conclusion on this issue.    What follows is a response
whom I wrote to my best friend, who is openly gay, who had earlier shared
his thoughts with me on this issue.  His thoughts are not included, so some
of my references will seem a bit incongruous to you, but the key points
will be easy enough to pick out.

I think that it can be instructive to compare this movement with two of the
other most bitterly disputed human rights movements of our time - those for
African-American civil rights and for abortion.    Let's ignore for a
moment the absolute rights-and-wrongs of any of these issues.   _The
Economist_ recently, and rather convincingly, I think, argued that one of
the primary reasons why The United States is essentially the only
industrialized country with a robust pro-life movement is that The United
States is the only industrialized country where abortion was legalized
judicially rather than legislatively.   The article on it is here: 
http://www.economist.com/PrinterFriendly.cfm?Story_ID=1534731
  
In addition to the comparision with Europe, however, I think that the
comparison with desegregation is also instructive.    Despite being a very
passionate and violent debate a mere 40 years ago, today desegregation is a
historical anachronism in the minds of most Americans.   There is no longer
an impassioned pro-segregation minority in America trying to pass
Consitutional amendments.   And while it is certainly possible to argue
that the difference between the desegregation issue - which has faded away
into history and the legalization of abortion - which has produced a "war
that never ends" is the relative wrongness and rightness of the positions
on the two issues, I also have to believe that part of the difference is in
the perceived legitimacy of the way those decisions were made.   The Civil
Rights Act was passed by Congress and signed into law by Lyndon B. Johnson
under the authority of the 14th Amendment which was also passed and debated
under the appropriate Constitutional processes.   Roe vs. Wade on the other
hand was handed down by an unelected judiciary via a court case the defense
thought they couldn't possibly lose, and with little national debate.
  
Thus, what I think is happening today is that a lot of people are very
scared and surprised by the prospect of an unelected judiciary imposing a
radical reinterpretation of the social order without the proper level of
democratic debate on the subject.    After all, let's face it, the primary
impetus behind most of these new laws and behind all of this talk of
Constitutional amendments, is the prospect of judicial decisions like those
in Massachusetts.   (And the one in Massachusetts seems particularly
egregious in my mind because of the inherent time delays required in
amending the Massachusetts State Constitution, thus creating the
possibility for the ludicrous result that Massachusetts will have gay
marriages for the next two years, until the State Constitutional amendment
goes through - as currently seems likely.)  In other words, opposition to
homosexual marriage is not "being promoted as the one thing that will save
our society from inevitable moral and social decay."   There was no great
and successful push to do so until the past year or two.   Indeed, this
issue hardly existed at all in the most recent Presidential Election.
Rather, opposition to homosexual marriage is gaining traction in this
country precisely because of the prospect that without this opposition,
homosexual marriages will happen without a debate and without a vote.
  
Moreover, I also disagree that all of this is happening because people "do
not want to discuss this uncomfortable issue."   Precisely the opposite, I
think that people very much want this issue to be discussed in a more
public forum than some distant courtroom.   I'll admit that there have been
Republicans on the far-right who have been proposing these laws and
Constitutional amendments for a very long time - but until recently they
were going absolutely nowhere.    Or at least only as far as the
Constitutional amendment to ban abortion.    And I think I've made it clear
as to why I think that has changed.
  
Nevertheless, I think that we also need to come to grips, however, with the
fact that as recent court decisions have sparked debates on these laws and
Constitutional amendments that the pro-homosexual marriage side of the
debate has been losing these debates quite resoundedly.   A federal
Constitutional amendment to ban homosexual marriage that was
dead-in-the-water just two years ago now has majority support in the polls,
and will likely be endorsed by an incumbent President seeking re-election
in a few days.   Moreover, not a single major candidate for the Democratic
Presidential nomination has come out in favor of legalizing homosexual
marriages nor for the Massachusetts Supreme Court decision - not even the
leading candidate from its own State, nor Howard Dean, the only major
candidate to vote for civil unions, and yet who rarely made it an issue.
It is very clear which way the political tide is turning on this issue.
  
Thus, right now, I can't help but think that the best case scenario for the
pro-homosexual marriage side that the worst consequence of taking their
fight out of the legislatures and into the Court rooms is that they create
a very large and vocal anti-homosexual minority that nevertheless can never
quite summon the requisite votes to overturn the status quo - i.e.
analogous to the modern pro-life movement.    The worst case scenario is
that people react adversely to what they perceive as an undemocratic
altering of familiar and popular social institutions, and actually go
beyond support of the recent spate of laws (like this one in Ohio) but go
all the way towards supporting various Constitutional amendments on this
subject - thereby setting backwards the cause of homosexual marriages by
several decades at least.
  
JDG   

_______________________________________________________
John D. Giorgis         -                 [EMAIL PROTECTED]
               "The liberty we prize is not America's gift to the world, 
               it is God's gift to humanity." - George W. Bush 1/29/03
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