It seems clear to me that we are now headed toward a terrible and possibly definitive tempest on the issue of gay equality. President Bush said yesterday, in so many words, that he is considering amending the constitution to deny gays legal equality in their relationships – indeed to enshrine second-class citizenship for gays in the sacred words of the founding document. It is very hard to think of any act any politican could endorse that would alienate and marginalize gay citizens and their families more. The Republican leadership in the Senate has signed on:
The pace of the gay marriage activists’ campaign through the nation’s courts is uncertain, but it is not at all certain that DOMA or other legislation will stop determined activists and their judicial allies from pursuing this agenda – only a constitutional amendment can do that. The Senate should evaluate the Federal Marriage Amendment seriously and consider whether it, or any other constitutional amendment, is the appropriate response.
That’s directly from the Senate leadership, under John Kyl. (What Kyl ignores is that “gay activists” have been the last people to endorse this. The fight for marriage began and continues because of ordinary gay couples refusing to accept second-class citizenship. We had to battle most activists to get it on the agenda at all.) The Weekly Standard has run a cover illustration depicting gays as some sort of barbarians intent on destroying society. National Review views polygamists as preferable to gay couples. Next up: the Vatican will declare that giving gay people equality under the law will also destroy society.
CAN WE AVOID IT? Of course this is one side of the ledger. On the other are polls showing growing support for gay equality and a revolution in attitudes toward gay people. The popular culture suggests that the battle for gay acceptance is over – and tolerance has won. The world – including America’s closest friends and allies – is moving fast toward integrating gay people fully into society. Big majorities in the younger generation support gay equality. The two states contemplating equal marriage rights both have majorities in support of the move. Many principled conservatives balk at amending the constitution on an issue that’s clearly highly volatile in public opinion – and will continue to change in the years ahead. I have faith in this country and the fairness of its people. I cannot believe that they will ostracize gay citizens for ever in an impulsive and explosive constitutional amendment. I also cannot believe that this president wants to marginalize an entire group of citizens for good simply because of who they are. Certainly, if this amendment is pursued by this administration, it’s the end of any relationship between the gay community and the Republican party. Those of us who have tried to build a bridge between the two are watching helplessly as the White House mulls burning it. They won’t, will they? Or will they?
ONE OPTION: Okay, so here’s something that I don’t support but offer to the president as a suggestion. He wants to reserve marriage to heterosexuals but he doesn’t want to hurt, wound or marginalize gay people. I’m prepared to accept that is his genuine position. But it won’t be convincing if all he does is back the FMA, as currently worded. How to avoid that nightmare? He could back an alternative amendment that says merely that no state should be forced to recognize the marriages in any other state. That essentially codifies federalism and prevents a nationalization of gay marriage through the courts (a highly unlikely scenario, in my view anyway). And it doesn’t tell states what they can and cannot do for their own residents. It doesn’t impose a single definition of marriage on the whole country. And it preserves state autonomy. That seems to me a sensible compromise if some kind of amendment looks impossible to stop. It’s conservative in the right sense. I, for one, want to see federalism work on this matter. Why? Because I think the experience in one state will reduce the fear and panic elsewhere. But those who predict disaster also have a chance to prove their case. Isn’t that the way this country is supposed to work?
The Dish 