This morning, I read New York Times columnist Ross Douthat’s meandering and incoherent op-ed, “The Marriage Ideal”. It may have been the worst column written in the history of newspaper, and maybe dating back to stone tablets.
Douthat begins by pretending to be fair. He deftly debunks the baseless arguments used by opponents of marriage equality. He points out that “traditional marriage” is not universal across societies worldwide and that monogamy may be the exception, rather than the rule.
Next, Douthat writes that heterosexuals have generally screwed up the institution of monogamous, life-long marriage by participating in “less idealistic” no fault divorce, frequent out-of-wedlock births, and serial monogamy.
Having said that, Douthat gives condescending lip service that feigns respect for gay relationships, but concludes that separate-but-equal treatment is the only way to preserve the heterosexual marriage “ideal”.
If this newer order completely vanquishes the older marital ideal, then gay marriage will become not only acceptable but morally necessary. The lifelong commitment of a gay couple is more impressive than the serial monogamy of straights. And a culture in which weddings are optional celebrations of romantic love, only tangentially connected to procreation, has no business discriminating against the love of homosexuals.
But if we just accept this shift, we’re giving up on one of the great ideas of Western civilization: the celebration of lifelong heterosexual monogamy as a unique and indispensable estate. That ideal is still worth honoring, and still worth striving to preserve. And preserving it ultimately requires some public acknowledgment that heterosexual unions and gay relationships are different: similar in emotional commitment, but distinct both in their challenges and their potential fruit.
But based on Judge Walker’s logic — which suggests that any such distinction is bigoted and un-American — I don’t think a society that declares gay marriage to be a fundamental right will be capable of even entertaining this idea.
What a bizarre conclusion.
I call this the “Jesus Christ argument” to prohibit marriage equality. Douthat is basically saying that the constitutional rights and personal dreams of gay couples, although noble, must sacrificed at the altar to repent for heterosexual sins against the institution of marriage.
If society just stops marriage equality, all the heterosexuals who carelessly trample over marriage will miraculously change their ways over time. Thanks to the sacrifice of the good ole gays, there will be a resurgence of the marriage “ideal”.
Give me a break.
What bothers me is that Douthat printed this drivel without looking at real life examples of places that already have marriage equality. There is the District of Columbia and five states — Iowa, Vermont, New Hampshire, Massachusetts and Connecticut — where LGBT couples can already marry. All of these places are within a short drive from New York City, so Douthat could have jumped in the car and seen for himself that the affect on heterosexual marriage is nil. Instead, Douthat makes erroneous assumptions without a shred of evidence to support his conclusion.
The truth is, a gay couple marrying does nothing to influence or impact what happens to the heterosexual couple next door. Douthat’s absurd column was nothing more than a slippery attempt to assert heterosexual supremacy. But, it was written in a milquetoast and pseudo-intellectual way so he wouldn’t be scorned as a bigot by gays and enlightened heterosexuals at fancy New York cocktail parties.
What a sad, transparent attempt to justify discrimination. Who does he think he’s fooling?
Everything about the climax of the legal quest to overturn California’ ban on gay marriage was appropriately cinematic ‚Äî even the month best to imagine two men atop a wedding cake or two women walking down the aisle.
“It may be appropriate that the case is coming to closing argument now,” Chief Judge Vaughn Walker said with a twinkle. “June is, after all, the month for weddings.”
AP writer Lisa Leff reports on Mayor Jerry Sanders’ testimony in the Prop 8 trial in the mayor’s hometown newspaper, The San Diego Union-Tribune:
The mayor of San Diego testified Tuesday that his views on same-sex marriage evolved after he learned one of his daughters was a lesbian.
Mayor Jerry Sanders took the witness stand on behalf of two same-sex couples suing to overturn Proposition 8, California’s voter-approved gay marriage ban.
“I had been prejudiced,” he said. “I was saying one group of people did not deserve the same respect, did not deserve the same symbolism of marriage, and I was saying their marriages were less important than those of heterosexuals.”
During Sanders’ testimony this morning, the video of the Republican mayor’s reversal of his position on marriage equality was played.
During an emotion-laden press conference in 2007, Sanders revealed that several members of his staff and his daughter, Lisa, are gay. Said the Mayor, “In the end, I could not look any of them in the face and tell them that their relationships ‚Äî their very lives ‚Äî were any less meaningful than the marriage that I share with my wife, Rana.”
When San Francisco City Attorney Dennis Herrera asked Sanders why he was so emotional in the video, Sanders replied, “I felt I came very close to making a bad decision. I came very close to showing the prejudice I obviously had toward my daughter to my staff and to the people of San Diego.”
“If government tolerates discrimination against anyone it is very easy for citizens to do the same thing,” said Sanders.
Pro-Prop 8 attorney Brian Raum seemed intent on convincing Sanders that his earlier position in support of civil unions was not a hostile one and didn’t communicate hatred toward the LGBT community ‚Äî the crux of the trial.
Sanders replied, “I feel like my thoughts were grounded in prejudice, but I don’t feel like I communicated hatred.”
In March 2009, during the city’ Eve of Justice rally the night before the California Supreme Court began considering Proposition 8, Mayor Saunders announced the engagement of his daughter, Lisa Sanders, to her partner, Meaghan Yaple. They were married by a justice of the peace in Vermont last December.
In the big Prop 8 trial in California, President Barack Obama’s position against marriage equality is directly harming our community and being thrown in our faces.
Our opponents are saying, “Mr. Obama is not a bigot and he believes that marriage is between a man and a woman. So, how can the proponents of Prop 8 be bigots if they share the same views as the President?”
Well, actually he is a politician who believes in getting elected.
During his run for Illinois state Senate in 1996, Barack Obama stated his unequivocal support for marriage equality, according to an exclusive story in the Jan. 14, 2009 Windy City Times newspaper:
President-elect Obama’s answer to a 1996 Outlines newspaper question on marriage was: “I favor legalizing same-sex marriages, and would fight efforts to prohibit such marriages.” There was no use of the phrase “civil unions”.
It seems the Windy City Times showed that Obama is a pol with his finger in the wind on this issue.
LGBT groups, including Truth Wins Out, want Obama to take a stand on the Prop 8 trial. Equality California said Friday that it has collected 91,000 signatures on a petition urging the president to file a brief supporting a challenge to the measure. The White House has not responded. (typical)
Mr. Obama, it is time to get off the sidelines. It is time to stand up and do what it right. We are not holding our breath. But, for once, will you please surprise us? The right wing hates you anyway. They think you are a communist and some even hold the view that you are an illegal alien or the anti-Christ.
You will never win over these crazy, irrational people.Never. Ever.
Please, stop trying to do so. If a person hates LGBT people, they are likely not voting for you anyway. Don’t you get it?
As the Tea Party gains prominence, it almost assures that your 2012 Republican opponent (maybe Sarah Palin or Sen. Jim DeMint) will overwhelmingly win the fringe vote. So, why not do what is moral and just, by rallying the people who actually care about your presidency and support you?
We are waiting, Mr. President, and so far we are pained by your silence. Your words are being used as a justification for our oppression. Only you can change this.
If you’re an anti-gay pastor watcher like me, you’re well aware that San Diego area radical clerics Miles McPherson and Jim Garlow relish both the spotlight and the media attention that comes hand-in-hand with being two of California’s better known anti-LGBT advocates.
When he’s not mentoring young Christians like former beauty queen turned soft-porn celebrity Carrie Prejean, Pastor McPherson of San Diego’s Rock Church is happy to take the stage to preach against LGBT rights, as he did in November 2008 at TheCall ‚Äî an anti-marriage-equality extravaganza held at Qualcomm Stadium in San Diego shortly before the 2008 election. McPherson, according to Jeremy Hooper, writing at the Good As You blog, claimed “he and his followers are not ‘freaks’ who hate gays. They are really exterminators called upon to rid the world of satanic roaches.” (Read More)
Here’s a round-up of reactions to and accounts of the first day of the historic federal trial against Proposition 8:
Karen Ocamb at LGBT POV wrote a great piece on the news that really didn’t get reported, including some of her own observations about the general mood of the proceedings. Her entire blog is actually a great resource.
“Judge Walker: If the President’ parents had been in Virginia when he was born, their marriage would have been unlawful. Doesn’t that show a tremendous change in the institution of marriage?”
“Cooper: Racial restrictions were never a feature of the institution of marriage. [Laughter in our courtroom.]
Wow. Choire goes so far as to say that, based on that exchange alone, Cooper “is going to get his ass handed to him.” We’re crossing our fingers! The actions of the opposition (going insane over the proceedings being recorded, witnesses dropping like flies, losing it over the discovery process, etc.) lead me to believe that we’re about to see just how unprepared our opponents really are, in attempting to defend their indefensible positions in grown-up court. It’s one thing to use lies and insinuations to scare people, but being under oath and being asked to prove your assertions, is a different animal.
Also, from what I can see, the testimonials from the plaintiffs, i.e. the actual couples involved, were quite powerful. It would be amazing to see them on, AHEM!, YouTube.
What makes the suit even more unique is that the state of California is a defendant in name only. California refused to defend Prop8′ validity, and the attorney general filed an amicus brief… for the plaintiffs. The suit’ only real defendants are intervenors, private citizens with a glancing bystander’ interest in the litigation, from an organization calling itself “Protect Marriage.” They’re fighting tooth and nail, to the point of tossing out television cameras forcefully(query why they think that little bit necessary), to preserve their right to be free, apparently, from squeamishness about other peoples’ relationships. The intervenors have no real stake in the outcome of the case. If they win, they get nothing but a sense of satisfaction. If they lose, they may, one day, shiver to see two men, hand-in-hand and wearing wedding bands.
Elsewhere in his piece, we find that he’s a bit queasy about the idea of taking this case all the way to the Supreme Court. I agree and, yet, I disagree. But that’s just me, being of two minds again.
If you’d like to read what the anti-gay “thinkers” have to say to this, Maggie Gallagher is holding court in the bathtub with K-Lo, occasionally spittling out a few words at The Corner at National Review Online.
And that’s all I’ve got for now. If you want to follow today’s proceedings in real time, here are the key people tweeting the trial:
Dan Levine, a reporter for legal news publication The Recorder can be followed @FedcourtJunkie. Also NCLR’ Ilona Turner @ilona, The Advocate @TheAdvocateMag, American Foundation for Equal Rights,@AmerEqualRights , and the ACLU of Northern California@ACLU_NorCal are all live tweeting. The Courage Campaign is also tweeting the trial at @CourageCampaign.
Since the Supreme Court has effectively censored video coverage of the Proposition 8 marriage trial, at least until Wednesday, Truth Wins Out supports the efforts of the American Foundation for Equal Rights, Fed Court Junkie, and others to broadcast the trial live via Twitter.
You may visit AFER’s direct feed here. Go here for Fed Court Junkie or read it below. (Read More)
Today, the big federal marriage case in California, Perry v. Schwarzenegger, begins. In a San Francisco courtroom, ideological opposites David Boies (liberal) and Ted Olson (conservative) will team up to overturn the insidious Proposition 8. So far, they have made a persuasive case in the media, pointing out that:
a) Same-sex marriage does not harm heterosexual marriages.
b) The procreation argument does not hold up and allowing people to marry the same sex does not limit population. People marry for a variety of reasons, not necessarily to create an extended family. It is interesting that our opponents never bring into the procreation argument hetero older married couples or younger married couples who are unable to have or choose not to have children. Why do they not have the same problem with those marriages as they do with GLBT marriages.
c) The current prohibition is discriminatory, fueled by animus and exacts harm on LGBT individuals and their families.
d) The only argument that supporters of Proposition really have is that such discrimination is part of our tradition. Boies and Olson have articulated in eloquent fashion that just because a tradition has gone on for a long time does not make it right or just. They point to discrimination against Jews, interracial couples and women – all of which had gone on (and continues to) for centuries. As I have pointed out in the past, there is a difference between “traditional values” and “valueless traditions.”
To win Proposition 8, our opponents resorted to fear tactics and outright lies using despicable, negative attack ads. Without this fear-mongering tool to trick the masses, our foes are realizing they may not do well in court. They understand that they have no rational arguments and that they are intellectually bankrupt.
To make up for this coherency deficit, Proposition 8 supporters are claiming “bias” because the trial is opening in San Francisco. Interestingly, these whiners had no problem claiming home field advantage when the our marriages were put up for a vote in ultra-conservative states. One might call having places like Arkansas, Kentucky and Alabama changing their state constitutions to prohibit gay couples from marrying a gratuitous and cowardly act of bullying by a majority. So, I really don’t want to hear about the trial being held in San Francisco. Wing nuts must realize that they can’t always have all the advantages.
Social conservatives are also regurgitating the lie that because the trial will be filmed and made available on the Internet, it may cause potential harm to witnesses.
“To top it all off, Judge Walker has determined that this case will be the first in the Ninth Circuit to allow cameras in the courtroom, with the proceedings posted on YouTube” writes Edwin Meese III in today’s New York Times. “This will expose supporters of Proposition 8 who appear in the courtroom to the type of vandalism, harassment and bullying attacks already used by some of those who oppose the proposition.”
Of course, this is hogwash. Perhaps, Meese confused the “plight” of these witnesses with another Times story today discussing the opening of Scott Roeder’s trial – the religious zealot who murdered Kansas abortion provider Dr. George Tiller in his church. However, opponents of Proposition 8 have never displayed the violence committed by religious extremists, as much as the Prop 8 supporters try to make it appear to be true. (Even today there is a “debate” over whether killing Tiller was morally justified)
In reality, all that was ever hurt were the feelings of Prop 8 supporters who were rightfully confronted by their neighbors who asked: “Why did you vote to take away my rights? Why did you leave our children in limbo without married parents?”
The truth is, Proposition 8 supporters do not want this trial televised because deep down they are ashamed by their own bigotry. They are allergic to the TV lights, because it will expose their inner-darkness. I really don’t blame them for not wanting their views exposed to a national audience. Not only will it look like they formed their discriminatory ideas with their heads in their posterior, but they will look quite awful for posterity. They realize, on some level, that history will not judge them well. Their grandchildren will regard them with great embarrassment and shame.
I wish Boies and Olson much luck and Truth Wins Out thanks them for the strong case they have made so far. They have undeniably shown that LGBT equality is not a liberal or conservative issue – but an American one. This trial is about the values of our nation, who we are and will we live up to our creed of liberty and justice for all people.
I’m no conservative, but Ted Olson, one of the attorneys in the upcoming case against Proposition 8, makes that argument persuasively in a new piece in Newsweek:
Many of my fellow conservatives have an almost knee-jerk hostility toward gay marriage. This does not make sense, because same-sex unions promote the values conservatives prize. Marriage is one of the basic building blocks of our neighborhoods and our nation. At its best, it is a stable bond between two individuals who work to create a loving household and a social and economic partnership. We encourage couples to marry because the commitments they make to one another provide benefits not only to themselves but also to their families and communities. Marriage requires thinking beyond one’s own needs. It transforms two individuals into a union based on shared aspirations, and in doing so establishes a formal investment in the well-being of society. The fact that individuals who happen to be gay want to share in this vital social institution is evidence that conservative ideals enjoy widespread acceptance. Conservatives should celebrate this, rather than lament it.
Legalizing same-sex marriage would also be a recognition of basic American principles, and would represent the culmination of our nation’s commitment to equal rights. It is, some have said, the last major civil-rights milestone yet to be surpassed in our two-century struggle to attain the goals we set for this nation at its formation.
This bedrock American principle of equality is central to the political and legal convictions of Republicans, Democrats, liberals, and conservatives alike. The dream that became America began with the revolutionary concept expressed in the Declaration of Independence in words that are among the most noble and elegant ever written: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.”
Most of our foes who call themselves “conservatives” are anything but. Ever since the early 1970′s they’ve been trying to change the definition of “conservative” to include policies that cram their theocratic beliefs, by government force, into our relationships, into our children’s schools, and into women’s vaginas. They’ve sadly had some success with that,* but Ted Olson’s argument is sound. Unfortunately, we live in a time when the very concept of the intellectual conservative is for the most partdead,** and that’s not a good thing for our democracy.