Red Letter Day

Monday, May 15, 2006

Winds starting to blow again on the same-sex marriage front

Gay marriage seems to have calmed down as a major issue in America. After the drama of 2004, which saw gay marriage legalized in America for the first time and also saw a rash of anti-gay ballot initatives pass by large margins, the issue has settled down. There will be a few more red state anti-gay initiatives this fall, which will probably pass by decent margins, but in many important respects, same-sex marriage has so far not emereged as an issue in 2006. Polls show that same-sex marriage is not a major issue for voters and the planned re-introduction of a federal constitutional amendment to ban same-sex marriage and civil unions is widely seen as a transparent political ploy even by those close to President Bush and it is expected to fail. More proof that voters are not terribly interested in same-sex marriage include the failure of anti-gay activists in California to gather enough signatures to place an amendment before voters this fall in that state, and even a pro-domestic partner initiative that is headed ot the ballot in Colorado. In Washington, an initiative to repeal civil rights for gays and lesbians, which has heavily focused on same-sex marriage (even though the law in question actually deals with employment rights) is having trouble getting signatures. At "ground zero" in Massachusetts, polls show a mjority of people support same-sex marriage and it is likely that the groundbreaking law in that state will be retained when it is on the ballot in 2008.

The problem with all this good news is that I am a pessimist by nature. The slow but steady assimilation of same-sex marriage that is underway is likely to be rocked by further court decisions that are on their way in Washington and New Jersey. If courts in either state rule in favor of same-sex marriage, my concern is that this would be like a shot of adrenaline into the currently-weakening heart of the anti-gay movement, and would grant new vigour to the anti-gay efforts in places like California, Washington, and more frighteningly, the U.S. Congress. In an ideal world, these impeding court rulings wouldn't happen yet, and America would have another solid half-decade to get used to same-sex marriage; five more years of innoculation against the resurgence of the disease of anti-gay bigotry. I am afraid we will not have that luxury and and gay marriage will return as a major issue, the war in Iraq and $4.00 gas aside. Whatever happens, let us hope that federalism is allowed to work and that the effort to write bigotry into the federal constitution continues ot fail.

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