Skip Navigation

The Daily Dish - 2006-2011 archives for The Daily Dish, featuring Andrew Sullivan

The Legislature Moves

By The Daily Dish
Mar 3 2009, 12:44 PM ET

California's state legislature has passed two resolutions requesting that the state Supreme Court strike down the result of the vote in Proposition 8:

Leno compared passage of Proposition 8 with public reaction in 1964 to a new state fair-housing law. Voters tried to reverse the law by approving an initiative that gave people a right to discriminate against racial minorities when renting or selling a home.

The state Supreme Court in 1966 struck down the initiative, which had been endorsed by aspiring gubernatorial candidate Ronald Reagan.

"These issues of discrimination clearly have their fashionable moments," Leno said, noting that Reagan later reversed his position.

What strikes me is that the opponents of Proposition 8 could have brought this up loud and clear before the initiative - but didn't.



Yes, there was an early court challenge, but the gay establishment in California sure acted as if Prop 8 was kosher when they thought they could win it. Nothing has changed. If the rights were inalienable, and inherently not up for a democratic decision, gay activists and our allies should have refused to take part in the vote at all - or at least make it perfectly clear that they believed the voting was illicit.

I understand the constitutional arguments here and they are not trivial. But there's a danger in being perceived as saying to the opponents of marriage equality: heads we win, tails you lose. We''ll participate in democracy but only if we win. If we lose, the whole exercize is illegitimate. That seems to me to border on bad faith. And it's worse politics. Who wants the critical moment in the securing of marriage rights to be imposed by a court against a clear majority vote of the citizens? Give it time, and conviction, and we'll win where it matters most: at the ballot box.

Presented by

More at The Atlantic

The GOP Primary Is Badly Wounding Mitt Romney Why a Long Primary Fight Will Hurt Romney
The Reverent, Ridiculous Grammys The Reverent, Ridiculous Grammys
Why Israel Might Believe Attacking Iran Is Worthwhile Why Israeli Leaders Might Believe Attacking Iran Is Worth the Effort
A Western Diet High in Sugars and Fat Could Contribute to ADHD A Sugary, Fatty Western Diet Could Be Contributing to ADHD
Mourning in America: Whitney Houston and the Social Speed of Grief Whitney Houston's Death and the Social Speed of Grief
Special Report
Submit Your Photos of America at Work AP Submit Your Photos of America at Work
Send us your images of friends, family, and neighbors on the job. We'll publish the best. Read more ›
View All Correspondents

The Biggest Story in Photos

Athens in Flames

Feb 13, 2012

Subscribe Now

SAVE 59%! 10 issues JUST $2.45 PER COPY

Facebook

Newsletters

Sign up to receive our free newsletters

(sample)

(sample)

(sample)

(sample)