This week I'm speaking at a National Press Club event
sponsored by the National Lesbian and Gay Journalists Association
about the coming vote on state marriage amendments.
Here's a sneak preview:
On Nov. 7, eight states will vote on state marriage amendments
that define marriage as the union of husband and wife, and also
confine the legal benefits of marriage to married couples (i.e.,
no government-created civil unions). Twenty states have already
passed such amendments, with around 60 percent to 80 percent
voter approval.
This time around, gay rights groups have grown excited about
the prospect of knocking down one or more of these amendments.
Three states in particular are in play: Wisconsin, Arizona and
South Dakota, each of which has had polls in recent months
suggesting the state marriage amendment may be in trouble.
(Amendments in Tennessee, Idaho and South Carolina will likely
pass by wide margins. In Virginia, 53 percent of likely voters
tell pollsters they approve of the state marriage amendment,
despite a vigorous campaign for its defeat. In Colorado, gay
groups have focused less on opposing the state marriage amendment
than on passing a ballot initiative creating civil unions for gay
couples.)
For example, two polls in Arizona showed voters opposed to the
state marriage amendment, and a South Dakota poll showed voters
defeating the amendment by 49 percent to 41 percent. (Other polls
in each state suggest wildly different results). Defeating a
marriage amendment in either or both of two such red states would
be an amazing landmark victory for gay groups.
What do we make of the political situation? Let me begin with
the bad news for gay marriage advocates: I predict all eight
state marriage amendments will pass.
Nonetheless, the margin of victory in the states that gay
marriage advocates have chosen to contest will be narrower than
in the past. The good news from their perspective (and expect to
hear it trumpeted loudly) is that gay marriage advocates have hit
upon a political formula that influences voters at least
somewhat.
Here's more pesky bad news: That strategy has almost nothing
to do with increasing support for gay marriage. Campaigns in
Arizona, Wisconsin and Virginia have largely abandoned marriage
itself, and focused instead on generating opposition to domestic
partnership provisions. "Why Take Away Health Care?" is the
slogan of choice in Arizona, while in Virginia, opponents have
marshaled an impressive array of highly credentialed legal
experts to advance the improbable argument that the state
marriage amendment will prevent unmarried opposite-sex couples
from executing private contracts, receiving domestic violence
protections or receiving visitation rights. (Virginia's state
attorney general recently issued a legal opinion: "I can find no
legal basis for the proposition that passage of the marriage
amendment will limit or infringe upon the ordinary civil and
legal rights of unmarried Virginians.")
I predict another piece of good news for gay rights groups:
Colorado will pass domestic partnership legislation. That victory
in Colorado suggests a possible new strategy for gay rights
groups: Stop promoting gay marriage and start vigorously
advocating for civil unions.
Doing so would create a powerful new wedge issue on their
side, substantially separating Catholics from evangelicals, and
moderates from harder-core religious conservatives. It's an
obvious winning political strategy.
But here's the problem for gay rights groups. Civil union
initiatives substantially undercut public support for gay
marriage. The Human Rights Campaign's own latest poll shows that,
when offered a choice of civil unions, only 21 percent of
Americans continue to support gay marriage.
After vigorously denouncing civil unions as a despised
"separate but equal" insult, can gay rights groups switch course
and invest their time and resources in passing civil union laws
that offer their people "second-class citizenship"?
Interesting times ahead. |