|
In part one, I wrote about the policy problems with the argument that, in the wake of the loss in Maine and the victory in Washington State, the focus for the LGBT movement should shift to domestic partnerships. In this piece, I want to hit on some political issues.
I don't believe the argument that the movement for marriage equality has failed or is failing. Reasons:
- The oft-quoted number, one I've used myself, is that we are 0/31 on statewide marriage votes. I've used that number in the sense that it's a streak we need to break. One colleague used that number as evidence that the strategy for marriage equality isn't working. When you're batting .000, you have to change the strategy, the argument goes.
I would actually argue that only two of these losses were the result of the execution of a strategy. From 2004-2006, something of the dark ages for marriage equality, 24 states adopted constitutional amendments banning same-sex marriage. But during that time, we were playing defense, and not in venues in which we chose to fight under a strategy. They were reactionary moves set off by a court decision in Massachusetts and a unilateral move by Gavin Newsom, and with an assist from George W. Bush, not the failure of some comprehensive state-by-state strategy.
The two I will say were evidence of failure are California and Maine. In CA, we passed it through the legislature twice, it was vetoed twice. A court challenge coordinated by Lambda Legal resulted in a favorable decision. Each of these were executions of strategy that resulted in Prop 8. We lost with 47.53% of the vote. In Maine, the we passed a bill through the legislature, which Gov. Baldacci signed. It went to the ballot, where we lost with 47.18% of the vote. Okay. But both losses were by a field goal, not three touchdowns. We lost by 31,909 votes in Maine. I still believe a better No On 8 campaign could have won in California. In reality, the execution of this strategy has failed on two fronts, not 31. Not evidence to argue a wholesale change in strategy.
- I'm not sure yet that domestic partnerships should be our Grand Strategy based on Washington State's success. In 2006, Colorado voters rejected a statewide referendum to authorize domestic partnerships, 47%-53%. In 2009, Washington State voters approved a more comprehensive law, 53%-47%. While it is true domestic partnerships/civil unions have been extended in many other states without a successful move to repeal it on the ballot, there isn't a lot of evidence yet that this is successful at the ballot box itself.
- The fretting over the 0/31 statistic has also ignored how we can move on marriage without that streak growing. We fought off a ballot vote several years ago in Massachusetts. Neither Vermont nor Connecticut will have a ballot vote. Nor will New Jersey, if we are successful in the lame-duck session. The same is almost assured in New York and DC. In Iowa and New Hampshire it remains to be seen, but a lot of the 0/31 talk ignores that where we are close, we can continue the work without losing a repeal at the ballot.
- The movement for marriage equality has actually led to incrementalist measures in several states as a compromise. And if you start by asking for half a loaf, you are more likely to end up with a quarter loaf, so making domestic partnerships our stated policy goal across the country perhaps isn't wise.
- I am concerned that if you push for some type of federal recognition of domestic partnerships, it could be embraced a compromise measure by those squeamish about repealing DOMA, and we are forced to wait even longer before moving on that. In the meantime, what about same-sex married couples in Massachusetts and other states who need full federal benefits? You effectively write in a separate-but-equal status at the federal level.
While it's true that civil rights advances have, in many cases, historically been done in incremental approaches, there isn't evidence yet that we are far, far away from enacting full marriage equality in more states. There may be repeal fights in New Hampshire and Iowa in 2010, which will further test this argument. But as I see it, incremental steps should be taken where necessary, not as a comprehensive strategy for the future. As I wrote in part one, there are too many policy problems that do not actually result in full equality. The movement for marriage equality remains successful in many places, and should continue.
|
STATE BLOGS
