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November 5, 2004

Back to Tempered Moderation

Of all the manifold ways in which worldviews diverge over the perennial issue of same-sex marriage, one of the most irksome is actually relatively minor, in the grand scheme of things. Not surprisingly, the elections' outcome provoked an example from Andrew Sullivan:

A lot of gay people are devastated this morning, and terrified. We have seen, and not for the first time, how using fear of a minority can be so effective a tool in building a political movement. The single most important issue for Republican voters, according to exit polls, was not the war on terror or Iraq or the economy. It was "moral values." Karl Rove understood the American psyche better than I did. By demonizing gay couples, the Republicans were able to bring in whole swathes of new anti-gay believers into their party.

A trend that has been escalating for about a decade reached a fevered peak this year: After hints in Hawaii and Vermont (and, once-removed, Canada), the Massachusetts judiciary introduced into American law the concept of a same-sex marriage. Thereafter, civil servants around the country flaunted the law in an attempt to make legal recognition of such relationships an "in hand" right. In short, the courts, the town halls, and the activists who prodded them gave Americans a straightforward choice: vote on this issue, or we'll take away your opportunity. Well, Americans have started voting — not out of cynicism and aggression, but in defense of deeply held principles.

Indeed, it's somewhat telling that Sullivan and others place homosexuality so prominently in the range of "moral values." True, there were direct votes to be cast on that one issue, but what might have been the results had partial-birth abortion or cloning been available for direct comment via ballot? I'm not entirely sure, but I would hope that Sullivan's crowd could have explained the victory of "moral values" in terms other than hatred for women and sick people. By what calculus is such a large percentage of the population corralled as bigots and extremists when it comes to marriage?

Those who've read Sullivan for a while know the answer: he's back to leaping for the reasonableness turf:

But the intensity of the [traditionalist] passion, and the inherently totalist nature of religiously motivated politics means deep social conflict if we are not careful. Our safety valve must be federalism. We have to live and let live. As blue states become more secular, and red states become less so, the only alternative to a national religious war is to allow different states to pursue different options.

Just about a year ago, back before President Bush voiced support for a Federal Marriage Amendment, Sullivan expressed these same sentiments:

The flip-side of leaving Mississippi alone is that we should also leave Massachusetts alone.

The catch is, of course, that Sullivan's less-politic allies aren't going to leave Mississippi alone. So, while I agree with him, in disconnected theory, that the "passage of so many anti-gay amendments in so many states reduces the need, by any rational measure, for a federal amendment," the most conciliatory response that it is rational to make is: We'll see. The political fortunes of the FMA are more closely linked to "the inherently totalist nature" of homosexual activists than to those American Christians who actually represent the extreme that Sullivan expands so ridiculously.

Posted by Justin Katz at November 5, 2004 2:02 AM
Sullivanalia
Comments

Less than 48 hours old, the Oklahoma Marriage Amendment (marriage by 76%, bush by 66%) is already being challenged in federal court, along with the federal DOMA.

Would that gay activists could learn to tolerate the will of the people of Oklahoma and elsewhere (as sully proclaims), as it is just these sort of challenges that will give the FMA enough momentum to be ratified. The WORST thing that could happen for gay activists is for these women to win their lawsuit.

Posted by: Marty at November 5, 2004 10:58 AM

Check out this hilarious essay by iowahawk, wherin he gives suggestions to leftys on how to deal with the election.

Just like in baseball, more games are won with hustle than with power. In the next election, you should pledge to get out there early and explain to twice as many voters how Bush planned 9-11 and is building secret Gay concentration camps in Utah. Volume counts too, so make sure you scream these facts extra-loud next time, especially to old people.

http://iowahawk.typepad.com/iowahawk/2004/11/let_the_healing.html

Posted by: Mike S. at November 5, 2004 12:05 PM

What conservatives should be working on is changing voters’ perceptions of the role of the courts. Many people hold the vague idea that our very system of government depends on courts that randomly invent new 'constitutional' mandates every few years. The conservatives’ task is to bring that idea into the open and thereby kill it. Until we do that, judicial activism will constantly gnaw at our nation’s stability.

Gay marriage is really a much riskier issue than the liberals realize. The American mind is unclear on the courts’ correct role. Wasn’t Brown v. Board of Education a good thing? What about Miranda? What about forced bussing? What about Roe v. Wade?

It’s difficult to rise above the particulars of each issue and ask the far more important question: Should the courts be deciding this? But gay marriage is a wonderfully clear issue. Everyone understands marriage. Everyone understands homosexuality. That’s what makes the issue so dangerous for the liberals. It has no ready reams of details to bore the voters with. It isn’t a multi-faceted issue in which people disagree on right and wrong in each circumstance. (Compare to abortion, where people disagree on rape, incest, etc.) With gay marriage, there are few details, only one question, and everybody understands it. If the courts insist on treating it like they did abortion, they run a serious risk of helping large numbers of voters question the starting assumption that the courts are---and should be---our moral overlords.

Posted by: Ben Bateman at November 5, 2004 1:47 PM

I thought the FMA was essentially to allow each state to decide for itself (eg, not forced to recognize a marriage other than one man, one woman, form any other state). Was it somehow more than that? If not, then what's the problem with it?

Posted by: c matt at November 5, 2004 3:18 PM

C Matt,

Well, unless it's changed recently, the FMA also defines marriage. It would leave other relationships up to the states.

Posted by: Justin Katz at November 5, 2004 3:21 PM