Wednesday, November 4, 2009

Maine voters repealed a law Tuesday allowing same-sex couples to wed, dealing the gay marriage rights movement its 31st defeat on the issue. Gay marriage has now lost in every single state in which civil rights are left up to the voters.
A number marriage activists have asked why I didn’t use my voice and my blog to advocate more often on behalf of Maine. So let me respond.
First, I’ve written a number of pieces analyzing where the money came from used to fund the antigay marriage effort in Maine. The vast majority came from just two sources: the National Organization for Marriage and the Catholic Church.
Second, I stayed away from the finger pointing and mudslinging leading up to the vote because I know all-too-well what the record is when marriage equality is decided by the voters and it always favors the religious bigots. Hate is a powerful motivator and it turned out that Maine — thought to have a moderate, independent-minded electorate, is no different from Texas or Florida.
I am not remotely surprised by the vote in Maine. That’s not to say I’m not disappointed and even angry — I’m just not surprised. I mean, if gay marriage can’t win in California, was it ever realistic to expect a different outcome in Maine?
I have said for many years that civil rights have no place on the ballot. If gay activists are serious about expanding the definition of “marriage” to include same-sex couples, the only sure way to make this a reality is to challenge the issue as a Federal constitutional matter before the U.S. Supreme Court. Is such a move fraught with risks? Of course but as it stands, antigay marriage advocates are 0-for-31. Gay marriage equality is too important to be left up to individual states.


Salon.com
Comments
I believe that an equivalent of the Civil Rights Act for the gay/transgender community is needed. You may not be able to legislate morality, but you can and should legislate equality. I can dream can't I?
In the meantime, how about an end to the whining about the fact that some people find gay marriages creepy. Leave them to Heaven.
Whether a relationship is gay or straight, its participants shouldn't give a damn what other people think about it.
Personally, I think you would have a low chance of success at the Supreme Court level. As a purely practical matter you would be asking the Court to change the definition of marriage for the entire country after those efforts have failed every time the issue has come up for a popular vote.
The Supreme Court did make some fairly sweeping changes in civil rights for blacks, but those changes were already reasonably popular in many parts of the country. A Supreme Court decision is not a popularity contest, but I don't believe the Court would want to make a decision that is totally out of step with most of the country.
Legally, I think there would also be some barriers, and I think it would be very unlikely that the Court would hold that gays constitute a "suspect class," thus triggering a higher level of judicial scrutiny of whatever law was being challenged.
That said, I think that demographics are ultimately on your side, and that the issue of gay marriage is seen more favorably by the younger generation. It may be two or more decades in the future, but I think you'll eventually see popular opinion swing to your side.
I think the problem is that gay marriage is ultimately not just about marriage per se, but about the elimination of what gay activists call "heteronormativity" -- the idea that heterosexuality is the "default" or normal orientation, and heterosexual relationships the most important to society -- an idea I happen to agree with.
In order to eliminate heteronormativity, you have to sell the "gay" version of gender and sexuality, something that affects countless issues. The only way of doing that effectively is bringing the new thinking into the schools in the name of tolerance and diversity. Thus it's no surprise that there are books such as "Queering Elementary Education," a book that in spite of its "scary" title is primarily about implementing non-heteronormative educational techniques.
The question is how far you want to take that. The counter-heteronormative position is that most everything is normal and good, and nothing is abnormal. Thus, the thinking goes, there's nothing abnormal about being trans-gendered; it's just a different kind of gender, no less normal than what is called "cis-gender." Or, if two men want to have sex in a public restroom there's nothing wrong with that either, and after all, it's their restroom too.
Of course at that point you've pretty much lost the hetero audience, especially the parents. Now I'm not saying that these things would necessarily be taught; I'm saying that you have to decide how much you're going to push the non-heteronormative envelope, and if you say "it's all good," just how inclusive you want to be.
And I think that's a problem for gay activists. The selling point for gay marriage is "we're just like everyone else." But in trying to overcome heteronormativity it becomes clear pretty quickly that they aren't just like everyone else, and a lot of the gay practices and culture involve things that most heteros find very strange. Gay activists see this as bias and bigotry.
The restroom example doesn't fly, IMO - it's the gays' restroom too, but not JUST theirs. But the marriage would be just theirs. We already have the necessary principles in place to keep the Gay Agenda from taking over - if it's private and between/among consenting adults, then it's nobody else's business. The 'Normals' think somehow that 'non-Normal' behavior that doesn't impinge on them still somehow does, in the psychic realm or something...
We have gay marriage here in Canada. NOTHING HAS CHANGED for straight people.
When it comes to civil rights of citizens, there should be NO VOTE. The constitution either protects it's citizens or it doesn't. I'm sick and tired of this "experiment".
Shame on 53% of Maine.
I think in the GLBT community there are different groups, and the interests of those groups are not necessarily the same. First, I think there are the "ordinary" gays and lesbians who simply want to get married, be employed, own property, etc., end of story. They don't really have any "agenda" beyond that.
And then there are the GLBT activists for whom that is only a starting point. They want a world in which "heterosexism" has been overthrown, "gender binary" thinking is gone, and gender and sexuality are seen as "fluid." In such a world virtually everything is "normal" and virtually nothing is "abnormal." In such a world there is nothing preferential about heterosexuality, and nothing preferential about anything having to do with heterosexuality. Monogamy would a matter of personal preference, not morality, and two-person marriage would be no more preferential than group marriage or any other kind of "relationship configuration." All the traditional distinctions about gender and sex would be gone; a genitally-intact man with a full beard who happened to believe that he was a woman would have to be able to use the "ladies" room. All of these follow logically once heteronormativity is gone.
The only way to achieve that kind of change in thinking is to start in the schools. Legalizing gay marriage does have an effect on schools, as documented in this piece from National Public Radio, "Massachusetts Schools Weigh Gay Topics."
http://www.npr.org/templates/story/story.php?storyId=3915906
Not surprisingly, one of the more effective ads for Measure 1 used material taken from that program. But at this point the GLBT perspective in Massachusetts schools goes far beyond what is described in this now five year old program.
In one sense that's fine. There's nothing illegal about it. But my point is always that voters need to consider the implications of what they are approving when they vote for gay marriage. If they are informed and choose to vote for gay marriage I really don't have a problem with that. That's what democracy is all about.
Such as what, mishima666? (This ought to be good.)
Tho, still, rights should not be at the mercy of the mob...