September 08, 2005

The arguments against gay marriage have no intellectual merit, part 3.

So, we're all a-twitter over here in California because Arnie vetoed a bill which would have created same-sex marriage in California. (And thanks to Miss Atilla for linking to a post that got me riled up enough to write about it. Isn't the blogosphere great?)

First, sadly, Arnie kind of has a point here (and I'm no fan of Arnie). The bill as written flatly contradicts a voter initiative (Proposition 22) defining marriage as only between a man and a woman (of course, it doesn't define those terms, so TGs may have an interesting court case to bring). The argument that the initiative only applied to out-of-state marriages is, in the precise legal term, silly.

Second, yes, of course this was done (in part) to put Arnie between a rock and a hard place: veto it, and look like a bigot, or sign it, and enrage the Neanderthals in the California Republican Party (motto: "Death before election victory!"). That's realpolitik. Boo-hoo, Arnie, that's what being a politician in this state is all about. Cope.

Third, there are no good arguments against allowing same-sex couples to marry. None. We've been over this before.

Fourth, we're well into the blaming-the-victim stage of this particular part of the civil rights evolution. "If those darn activists would just shut up and accept the second-class rights we've given them, none of this would have happened." I must admit that I do not find that particular patronization a compelling argument.

Lastly, what is so great about these voter initiatives prohibiting gay marriage is that they allow the (quite bigoted, let's not mince words) anti-gay-marriage types to sidestep the issue. Rather than actually talk about why gay marriage isn't a good idea, and actually display their bigotry live on stage, they get to defer to the vast wisdom of the electorate.

"My opinion on gay marriage doesn't matter! It's the voters! They've spoken, and we all must completely obey their view in all things! No matter what! In the entire history of the United States, the voters have never once ever done anything with which I disagree. Please, let's not talk about it anymore."

Proposition 22 was a bad law, and I don't care if every straight person in California voted for it. It's still a bad law. Gay activists have every right to try to find a way around it. Whether Leno was clever or craven in introducing the bill from a realpolitik perspective, he was utterly and completely right to do so from a moral perspective, and hats off to him for doing so.

posted 21:10
Comments

Prop 22 was about recognition of other state's marriages, it didn't preempt California from establishing its own policy.

Posted by: Greg at September 8, 2005 10:40 PM
Prop 22 was about recognition of other state's marriages, it didn't preempt California from establishing its own policy.

I would love for that to be true. There are, unfortunately, two problems with that point of view:

  • It contradicts the plain language of Proposition 22.
  • The State Appeals Court has already ruled that Proposition 22 prevents California from recognizing same-sex marriages, full stop.

I would that this were not true, but I think that the "it only applies to out-of-state marriage" argument is a non-starter.

Posted by: Christophe at September 9, 2005 07:43 AM

Gay marriage will be here. The question is, when and how?

The progress made in gay civil rights over the last 30 years has been extraordinary, and the pressure will not ease up.

But there really is an argument for allowing the middle of the country--and the middle of the state--a chance to catch up, mentally, with the pace of change.

Granted, it's not as aesthetically pleasing a position as I'M FIGHTING EVIL AND WILL ACCEPT NO COMPROMISE!

But it might be more effective.

Posted by: Attila Girl at September 12, 2005 04:49 PM

Well, of course, there's always an argument for moderation in just about anything except emergency dam repair.

My problem is that I don't see any existence proofs that civil rights really advance that way. Just about every major step forward in civil rights in the US happened when a significant block of the country was not yet "ready" for it.

C'mon: If we're not yet ready to accept them in California, when will we be ready to accept it cross-country?

Also, the form that resistance to gay marriage is taking is not a reasoned, "Listen, let's been civilized people and see what this is about," but it's nonsense like the FMA (yes, I know who signed it) which preempts our ability to actually progress organically.

Lastly, as far as what constitutes an aethestically pleasing position or not, I have a great quote:

In conclusion, [Barr] reminds us that "expediency is for cowards. Principles are for winners."

I just wish I could remember where I found it.

Posted by: Christophe at September 13, 2005 03:35 PM
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