Arkansas vs New York

Evan Wolfson, whom history will one day credit with pioneering today’s civil rights movement, notes a fascinating wrinkle last week in two civil marriage cases:

"New York’s ruling came just a week after the Arkansas supreme court unanimously rejected precisely the same proffered rationale; unlike the four-member majority of New York‚Äôs highest court, the judges in Arkansas (!) instead relied on the evidence provided by experts in child welfare. That evidence was, of course, available to the New York judges. Institutions such as the American Psychological Association, the National Association of Social Workers, the American Psychiatric Association, the Association to Benefit Children, and the American Academy of Matrimonial Lawyers, among other authorities, submitted briefs to the court calling for an end to marriage discrimination in the interest of children and families."

Evan and I have our differences over tactics – and we’ve had them for thirteen years now. I favor a more legislative and federal approach to his judicial strategy (although I also believe courts have a role to play). But we both believe the fundamental task for gay people and our allies right now is persuasion, advocacy, speech. We have by far the better arguments. if you’re a gay person who hasn’t talked to a co-worker or family member about why marriage matters, then you’re not part of this movement. Stop relying on judges or political lobbies – and fight the fight yourself: person by person, again and again and again. Never duck an opportunity to engage; never let a dumb argument go unchallenged; never be intimidated by those wanting you to be silent or talk about something else. In the immortal words of Quentin Crisp:

It is not the simple statement of facts that ushers in freedom; it is the constant repetition of them that has this liberating effect. Tolerance is the result not of enlightenment, but of boredom.

Bore away.