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Proposition 8 Ruling Is a Game-Changer
The marriage fight
has largely played out in the court of public opinion, usually via
state ballot initiatives that sought to prevent gay people from
marrying. These campaigns were incredibly heated, and each
side made its case through 30-second sound bites on the radio or TV,
shouting matches on CNN or Fox News, or one-sided editorial pieces.
Real debate, complete with an examination of actual facts and evidence,
was lacking. These fights were about politics, not
policy.
has largely played out in the court of public opinion, usually via
state ballot initiatives that sought to prevent gay people from
marrying. These campaigns were incredibly heated, and each
side made its case through 30-second sound bites on the radio or TV,
shouting matches on CNN or Fox News, or one-sided editorial pieces.
Real debate, complete with an examination of actual facts and evidence,
was lacking. These fights were about politics, not
policy.
But the Perry case
changed all that. Judge Walker showed a keen focus on gathering,
examining, and questioning evidence from both sides in the debate. The
result is what gay rights supporters have long
known: Opponents to marriage equality—and likely a whole host of other
rights for lesbian, gay, bisexual, and transgender people—have no
rational evidence for their opinions or beliefs. As the decision said,
“Moral disapproval alone is an improper basis on
which to deny rights to gay men and lesbians.”
changed all that. Judge Walker showed a keen focus on gathering,
examining, and questioning evidence from both sides in the debate. The
result is what gay rights supporters have long
known: Opponents to marriage equality—and likely a whole host of other
rights for lesbian, gay, bisexual, and transgender people—have no
rational evidence for their opinions or beliefs. As the decision said,
“Moral disapproval alone is an improper basis on
which to deny rights to gay men and lesbians.”
Judge Walker’s ruling
artfully dismantled the primary arguments against allowing gay couples
to marry, including that marriage’s primary purpose is to support
procreation, that having gay parents is somehow
harmful to children, and that domestic partnerships are an adequate
substitute for marriage. Both sides in the case had the same
opportunity to present evidence and otherwise argue why they were
right. Witnesses for the plaintiffs seeking to overturn Prop 8
and secure marriage for gay couples included psychologists, economists,
and other experts. The defense offered just two witnesses, whose
credibility could not withstand questions from Judge Walker or the
plaintiffs.
artfully dismantled the primary arguments against allowing gay couples
to marry, including that marriage’s primary purpose is to support
procreation, that having gay parents is somehow
harmful to children, and that domestic partnerships are an adequate
substitute for marriage. Both sides in the case had the same
opportunity to present evidence and otherwise argue why they were
right. Witnesses for the plaintiffs seeking to overturn Prop 8
and secure marriage for gay couples included psychologists, economists,
and other experts. The defense offered just two witnesses, whose
credibility could not withstand questions from Judge Walker or the
plaintiffs.
But some
conservatives are still fighting against marriage rights for gay
couples despite the evidence and facts and the judge’s rather robust
legal reasoning. After the ruling Pat Buchanan suggested on MSNBC
that Judge Walker was influenced by the fact that he is (rumored to be)
gay. Perhaps Buchanan thinks the case should have been heard by someone
who identifies as asexual so he or she wouldn’t have a dog in the
fight.
conservatives are still fighting against marriage rights for gay
couples despite the evidence and facts and the judge’s rather robust
legal reasoning. After the ruling Pat Buchanan suggested on MSNBC
that Judge Walker was influenced by the fact that he is (rumored to be)
gay. Perhaps Buchanan thinks the case should have been heard by someone
who identifies as asexual so he or she wouldn’t have a dog in the
fight.
Newt Gingrich and
Mike Huckabee are also jumping on the crashing antigay bandwagon.
Gingrich said “Judge Walker’s ruling overturning Prop 8 is an
outrageous disrespect for our Constitution…Congress now has the
responsibility to act immediately to reaffirm marriage as a union of
one man and one woman as our national policy.”
Mike Huckabee are also jumping on the crashing antigay bandwagon.
Gingrich said “Judge Walker’s ruling overturning Prop 8 is an
outrageous disrespect for our Constitution…Congress now has the
responsibility to act immediately to reaffirm marriage as a union of
one man and one woman as our national policy.”
Not to be outdone,
Huckabee said: “Today’s ruling tramples on the will of the people and
sadly, it seems judicial activists are determined to advance their
personal radical agenda. That’s why I believe it’s
time for a federal constitutional amendment that defines marriage as a
union between one man and one woman. That is the only action that will
truly protect marriage.”
Huckabee said: “Today’s ruling tramples on the will of the people and
sadly, it seems judicial activists are determined to advance their
personal radical agenda. That’s why I believe it’s
time for a federal constitutional amendment that defines marriage as a
union between one man and one woman. That is the only action that will
truly protect marriage.”
Some members of
Congress attempted from 2002 to 2008 to pass the Federal Marriage
Amendment, but it was repeatedly defeated. Why Gingrich and Huckabee
think it would move now—after the painstakingly clear evidence
presented in the Perry decision and an American public that
increasingly favors relationship rights for gay couples—shows that they
are merely thinking about the voters they need to appeal to in the 2012
Republican presidential primary.
Congress attempted from 2002 to 2008 to pass the Federal Marriage
Amendment, but it was repeatedly defeated. Why Gingrich and Huckabee
think it would move now—after the painstakingly clear evidence
presented in the Perry decision and an American public that
increasingly favors relationship rights for gay couples—shows that they
are merely thinking about the voters they need to appeal to in the 2012
Republican presidential primary.
Again, it’s a matter of politics over policy.
Thankfully, many
conservatives are changing their views on the issue. Ted Olson,
President George W. Bush’s solicitor general, is leading the case,
along with his Bush v. Gore opponent David Boies. Judge
Walker himself was originally appointed by President Ronald Reagan, and
his nomination faced vehement opposition from Senate Democrats and a
coalition of progressive organizations. My organization, the Center for
American Progress, is partnering with the Cato
Institute on work around the Proposition 8 case.
conservatives are changing their views on the issue. Ted Olson,
President George W. Bush’s solicitor general, is leading the case,
along with his Bush v. Gore opponent David Boies. Judge
Walker himself was originally appointed by President Ronald Reagan, and
his nomination faced vehement opposition from Senate Democrats and a
coalition of progressive organizations. My organization, the Center for
American Progress, is partnering with the Cato
Institute on work around the Proposition 8 case.
This mix of strange
of bedfellows shows that evidence and facts are slowly winning the day.
The Buchanans, Gingriches, and Huckabees of the world are likely lost
causes. But they don’t matter in the long run.
And thanks to yesterday’s ruling even their short-term viability is
questionable.
of bedfellows shows that evidence and facts are slowly winning the day.
The Buchanans, Gingriches, and Huckabees of the world are likely lost
causes. But they don’t matter in the long run.
And thanks to yesterday’s ruling even their short-term viability is
questionable.
Jeff Krehely is the Director of LGBT Research and Communications, Center for American Progress.
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