The Seattle
Times,
PI, and local TV stations have now picked up on
WA-DOMA's Initiative 957 and through them, the
AP and just about
everyone else.
And that's released a
flood of blog posts on the measure that its sponsors call "political theater."
The Carpetbagger Report has a great discussion in the comments to
this explanatory post.
Ridenbaugh Press gives the measure a
typically insightful analysis. The ever-wonderful
Towleroad explainsThe Washington Defense of Marriage Alliance has filed an initiative in an attempt to expose the misguided philosophy behind the July 2006 State Supreme Court ruling that claimed a "legitimate state interest" allowed the Court to limit marriage to couples able to have and raise children together.
Several general themes or "memes" in blogospeak emerge from the coverage:
The parody meme
The initiative's prime sponsor, Gregory Gadow, has been busy explaining that this is one primary impetus for the measure.
Many get it.
Andy Heyman, on his
blackwhite blog, is
at least grinning:
This is the first time, that I know of, that satire and irony have been used as a legal strategy. It strikes me as pure genius.
"Sara no H" couldn't stop giggling after reading about the initiative
in Daily Dose of Queer:
Okay, so I'm over here cackling like a mad old bat and cheering on this initiative, and my housemate is pursing his lips and saying, "But that's not fair to people who can't reproduce." And, probably because I'm not versed in disability rights and I'm too rapturous right now to employ any sound other than a glee-filled giggle, I can't think of a single thing to say to that. Help me out?
Michael Hanscomb,
in his blog eclecticism, gives the initiative a thumbs up:
This has my support, my signature if I find someone canvassing for signatures, and my vote if it should actually make it to the ballot: the Washington Defense of Marriage Alliance's Initiative 957....
I'd add that the language as written is also unfair to heterosexual couples who can't (or for any reason prefer not to) have children, hetero- or homosexual couples who adopt, or any other combination or situation you can come up with that's not the husband, wife, and two point five children scenario. I was disgusted with the ruling them, I still am, and I'm quite amused by I-957's approach to poking at the issue.
Sign me up!
Hard 7, a political blogger in Spokane
calls it "Finally, a ballot measure on marriage worth supporting."
Hey, that's the only fair way to apply the court's Defense of Marriage Act ruling, right?
You might recall that I made some similar proposals last fall to take illogical anti-gay arguments to their logical extremes.
Even the kids at a
fan-site message board for juvenile-shock-jocks Opus and Andy are mildly amused:
This kinda makes me laugh. How many men do you think are rushing to sign this thing? "Sorry Honey, but I don't want kids. It's not my fault, it's the law."
Queerty
points out that the parody of I-957 isn't all that far from what could actually happen.
Although it may sound far-fetched, it's not out of the realm of possibility to think that the baby crazy crazies would hop on the propagation band wagon. Surely they won't do so if they know the Defense Alliance just means to take the judicatory piss, but if the proposal were being put forth by, say, Focus on the Family - we can totally imagine the ultra-right signing up for the baby battle.
The I-don't-get-it-meme
Metblogs explains
how this one works, but the best example of the meme in action comes from the lawyers and professional marriage-equality activists who responded to the Times for
its article:
Other gay-rights groups don't appear too eager to back the proposal, either.
Longtime gay-rights activist Bill Dubay said that while he gets the point of the initiative, it is unlikely he'd sign it.
"I don't think anybody in the gay community wants to take someone else's rights away," he said. "We just want to gain the rights that everybody else has."
The gay-rights organization Equal Rights Washington also won't endorse it, pointing out that families come in all forms, some of which don't include children. State laws, it said, should help ? not hurt ? families.
The deny-the-argument meme
One meme among those upset by the initiative is to claim that procreation has never actually been a Christian-right argument against marriage equality.
"Beth", who writes "
A Worshiping Christian's Blog" is upset:
This has to be one of the most ignorant, ridiculous, things I have heard in all my life. An initiative in Washington by same-sex marriage proponents would require heterosexual couples to prove they are able to have children before getting a marriage license and actually have children within three years or else have their marriage annulled. This type of irrational behavior by same-sex advocates does nothing more than make a mockery of their 'cause'. I get that they are trying to prove a point, but the fact is that same-sex marriage is not just an issue of gay couple not being able to procreate. It is an issue of homosexuality being wrong in the eyes of God and in the eyes of the majority of men and women. If this weren't the case, then it would be legal in all 50 states and completely accepted.
She then quotes the usual-suspect Bible passages. But, Beth, those passages are not what the Washington Supreme Court based its decision on.
"Darlene" also tries to
mute the arguments made by anti-marriage activists before the Supreme Court:
Certainly, children are the focus of much of the debate. But that's children and their rights, not fertility. Social conservatives don't argue from the individual point-of-view of whether or not same-sex couples affect opposite-sex couples, their arguments generally fall into institutional ones, on how a radical redefining of an institution will affect society at large.
Hmm. The Supreme Court sure did have a lot to say about "procreation and child-rearing," the first of which pretty much requires fertility (about which the Court didn't have much to say).
Here are bits of what the justices
wrote [pdf]:
The State contends that procreation is a legitimate government interest justifying the limitation of marriage to opposite-sex couples. The State reasons that partners in a marriage are expected to engage in exclusive sexual relations with children the probable result and paternity presumed....
...DOMA [the Washington "Defense of Marriage Act"] is constitutional because the legislature was entitled to believe that limiting marriage to opposite-sex couples furthers procreation, essential to survival of the human race, and furthers the well-being of children by encouraging families where children are reared in homes headed by the children's biological parents. Allowing same-sex couples to marry does not, in the legislature's view, further these purposes....
DOMA bears a reasonable relationship to legitimate state interests -- procreation and child-rearing.
...Under the highly deferential rational basis inquiry, encouraging procreation between opposite-sex individuals within the framework of marriage is a legitimate government interest furthered by limiting marriage to opposite-sex couples.
...We conclude that limiting marriage to opposite-sex couples furthers the State's interests in procreation and encouraging families with a mother and father and children biologically related to both.
The Christian-right "Family Research Council"
submitted an amicus brief to the Court in which they presented the argument that the controlling ruling of the Court accepted:
that there is no fundamental right to same-sex marriage under the Washington constitution, and that the state has a legitimate and compelling interest in protecting traditional marriage to encourage responsible procreation and the optimal environment for raising children. [our emphasis]
But Christian-right
discrimination activist Gary Randall of the "Faith and Freedom Network" isn't pleased to see their arguments reflected back at them. Randall isn't laughing, but he's also
not repeating the arguments that he and his allies used before the Court:
Marriage, as the union of one man and one woman, has historically served the human race well for more than 5000 years. Clearly there have been abuses of that standard. However, there is no case where alternatives to one man, one woman marriage have constructively served the common good.
The backlash meme
Another opposition meme is the "backlash" argument. "Mark Smith" put it this way in a comment to a
post about I-957 on the blog
blackwhite -- modern thought control:
This proposal is a dumb move.
I'm a strong supporter of gay marriage. However, my wife and I are both childless by choice. This proposal is an attack on our marriage. I respond to attacks on my marriage from any source (family members, outsiders, legal maneuvers) VERY strongly.
This is likely to cause a backlash against the gay rights community by the very people who are straight and support them.
The aforementioned "Darlene"
put it this way:
Political stunts, especially cynical, insulting stunts served up merely to "dose" one's opponents with "their own medicine" rather than attempting actual persuasive arguments have a tendency to backfire.
As sympathetic as I am to having same-sex couples be afforded some legal institution to afford them contractual rights, I'm hoping this puerile initiative born of street theatre gets the derision deserves.
Interesting way to put it: "As sympathetic as I am...". We take it, from the rest of her post that she means: "Not very."
A fellow who writes a "Moonbat Early Warning System" blog
cuts to the meat of the matter with this cleverly swishy quick-take:
OH, PUH-LEEZE! Don't the homorons in Washington state have anything better to do with their lives? Get a grip, people! This is just plain stupid silliness and only serves to demonstrate a childish attitude and a complete lack of common sense.
The they-won't-get-it meme
In this one the humor of I-957's "political street theater" is recognized, but a questioned is raised about
everyone else. Are
they clever enough to recognize it. In a comment on
Blue Oregon, "jamie" explains
i loves me a good satire, but i heard once that something like 30% of americans understand satire. the rest will yelp "rush is right! the gays are attacking marriage!"
i hope this measure makes its point, but i've lost massive amounts of faith in the intelligence of the american electorate in the last seven years.
The makes-me-mad meme
This one crops up in just about all of the discussions. We'll take a comment from one of
our own prior posts as an example:
I can't believe this. Its ridiculous. After having one miscarriage 3 years into my marriage and not being able to get pregnant since would make my marriage annulled if this was a law. I cannot believe that someone even lacks the mental capacity to even think of this.
So then, maybe jamie has a point about the effectiveness of satire in politics.
Over at a
conservative outfit that apparently aggregates posts, one "Doug Peyton" whines,
They can't talk about it until they get their whining done first. And frankly, the debate was pretty much over in Washington State when the same-sex marriage ban survived the path up to and including the state Supreme Court. This is just the rantings of children who didn't get their way.
Except, of course, DOMA didn't survive "up to" the Supreme Court. It was only in the high court that lower-court rulings striking it down were defeated by a slim and contentious majority.
Labels: I-957, initiative, marriage equality, politics, wa-doma, Washington