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On Gay Marriage, A Way Forward
EFL of a Tech Central Station article. Off topic but consistent with Fredâs stated position on Gay Marriage.The President announced this week that he will support a constitutional amendment to deal with the mushrooming marriage crisis triggered by recent decisions of the Massachusetts Supreme Court. While indicating that the amendment he will support will "defin[e] and protectâŠmarriage as a union of man and woman as husband and wife," the Presidentâs major focus was on the need to protect democratic processes from judicial overreach. More importantly, he carefully and deliberately indicated that he has not yet reached a decision about the wording of the amendment he will support. The President has two different ways open to him to deal with the matter. The first approach, best described as the anti-gay marriage strategy, will please some conservatives and evangelicals, but will go nowhere and will let Sen. John Kerry off the hook. Unfortunately, the President appears to have cast his lot with this approach. The other approach, best described as the pro-democracy approach, is not yet seriously on the table and is thus still (modestly) open for dramatic Presidential introduction. It will reverse the Massachusetts decision, receive reluctant support from most conservatives and evangelicals, can receive surprising support from gays, libertarians and others favoring gay marriage, and can change the terms of the current debate to the Presidentâs advantage. It will create serious political dilemmas for the Presidentâs opponents. Its prospects for success could be real. An anti-gay marriage amendment will focus debate on the propriety of gay marriage; its alternative will put the focus on how decisions regarding gay marriage should be made. The former would use the United States Constitution to forever bar the American people from deciding some questions regarding non-heterosexual unions, while the latter would "simply" bar judges from substituting themselves in such matters for legislative and referendum processes. An amendment focusing on democratic governance rather than the illegitimacy of gay marriage, would reads as follows: Except for distinctions based on race, color or religion, the establishment of civil marriage in all of its forms, and the benefits thereof, shall in each state be solely defined by the legislature or citizens thereof, and shall have such legal force in the remaining states as the legislatures or citizens of such states shall determine. Do you notice a lot of unlikely people calling for stateâs rights lately? You know the people whom I am talking about, the ones who are cheering local officials who thumb their noses at state statutes - and favor judges legislating new rights from te bench. This ammendment would truly flummox that type of "stateâs rights advocates. While many localities would posess majorities that favor gay marriage, very few states would be ready for that step. Posted by: Super Hose 2004-02-29 |
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