As our friends at The Corner debate whom conservatives should blame for losing the reigns of government, Jim Manzi argues that on social issues like abortion and gay marriage
many people who share the same country disagree in good faith, and are unlikely to be persuaded within our lifetimes. As I have argued at length, I think that the only workable compromise is not to try to force the creation of uniform national law when no national consensus on the morality of these issues exists. Instead, I believe that we should have an agenda of devolving as many of these social issues, as a matter of law, to as local a level as possible.
If we really want to devolve these questions – is abortion permissible? What about same-sex marriage? – to as local a level as possible, how about the individual? I can have my abortion, and my neighbor can opt for adoption (maybe by the gay married couple down the street).
Of course conservatives have all kinds of arguments about why my liberal choices will hurt my neighbor. And liberals have our own arguments about how our economic choices affect each other in a different way than our social choices (making it a good idea to ban $1/ hour labor but not condoms). But it’s just not true that a state is the most local level to which we can devolve decision making on charged issues.
Part of what gets lost amidst right-wing rhetoric about courts reaching down to take away Americans’ freedom is that in taking decisions away from state governments, actors that are bigger than particular states can uphold the autonomy of actors smaller than those states: individual Americans, who shouldn’t reasonably be expected to move from California to Massachusetts to get married because 52% of their neighbors don’t want them to.
At a time when November 4 seems to be shaping up to be a very very good night, it’s sad to see California’s Equal Marriage Ban (Prop 8) leading against the opposition in our nation’s biggest state. After months behind by double digits, the marriage ban brigades have pulled ahead on a raft of plentiful money and false advertising. They’ve moved votes by claiming that if civil marriage equality remains in place, churches will be forced to perform religious marriages they oppose and schools will become training grounds for homosexuality. That’s false. So is the slippery idea, promulgated by self-appointed hall monitors of heterosexual marriage, that letting the rest of us get married to the people we love will somehow force them to “not just be tolerant of gay lifestyles, but face mandatory compliance regardless of their personal beliefs.”
Maybe it’s a sign of progress that the “Protect Marriage” crowd can’t scare up a majority just by saying same-sex couples don’t deserve to get married, and instead they have to pretend that your right not to like them getting married is somehow under attack. Indeed, as Paul Waldman argues in Being Right Is Not Enough, what’s really striking about public opinion on same-sex marriage is how far left it’s moved in just a decade. When I was in middle school and domestic partnership seemed like a noble but politically unpalatable concept, it would have been hard to imagine that by 2004 our Republican president would have to say nice things about civil unions days before the election and dispatch his running mate to endorse full marriage equality as a sop to some swing voters.
The arc of history is bending towards progress here, and faster than we might have thought possible. California voters won’t stop it in two weeks, but they will make it go faster or slower.
Honestly, watching Marriage Protection Poster Couple Robb and Robin Wirthlin make their case for why discrimination belongs in California’s constitution, what disturbs me most as one of the people they want their marriage protected from isn’t the dishonesty about what’s actually at stake. It’s their honesty about what they want and what they’re afraid of. As much as they bend over backwards to borrow the language of the left (see, it’s their “rights that are being infringed upon,” and now “it’s no longer OK to disagree”), what’s brought this couple across the country to campaign for Prop 8 is dismay at the idea that their children would be exposed to “human sexuality,” by which they mean gay people (King and King is not a children’s book about gay sex, it’s a children’s book about gay people). They want their kids to “not have them face adult issues while they’re children…we just want them to have a carefree and protected childhood.” No word on whether Robb and Robin’s poor son has yet had his innocence spoiled with talk of America’s struggle against racial apartheid, or god forbid coming into contact with people of a different race from his own. And if their son or one of his classmates should be wrestling with “adult issues” of his own, one gets the sense that Robb and Robin would have little to offer other than cries that the child is oppressing them.
The great thing about legislative civil rights victories like the civil unions bill passed last spring here in Connecticut and the even more historic equal marriage rights legislation passed yesterday by California’s legislature is that it deprives the opponents of civil equality under the law of their judicial tyranny arguments and leaves them stuck opposing equal rights for all couples on the merits. One of the most squeamish about having to take sides on the substantive issue here is Governor Schwarzenegger, who in the LA Times today is grasping desperately for any “unrepresentative elites” argument he can get his hands on. Schwarzenegger’s gambit to have his centrist image and eat it too? Pinning the “unrepresentative elite” argument on the legislature. I expect we’ll see more of this in the future: Republicans rising to disparage the republican system of government in favor of direct democracy through ballot initiatives on the grounds the marriage issue strikes so deep that legislatures, like courts, can’t be trusted with it. That means deliciously ironic statements like this one from Schwarzenegger’s spokeswoman:
The people spoke when they passed Proposition 22. The issue subsequently went to the courts. The governor believes the courts are the correct venue for this decision to be made. He will uphold whatever decision the court renders.