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Friday, August 01, 2003
Andrew Sullivan Is An Idiot But...
The last big battle over marriage rights was, of course, over miscegenation. In 1967, the Supreme Court struck down state bans on inter-racial marriage on equal protection grounds. But what's interesting is how unpopular this was at the time. The Gallup poll in 1968 found a whopping 72 percent of the public opposed such marriages. That's markedly more than the opposition to same-sex marriage today (which is in the 50 - 60 percent range, and in the states considering it, actually a minority view). Why was that not an example of outrageous judicial activism? Yes, I know that equal protection on grounds of race has far more teeth in constitutional law. But still. This was a hugely unpopular and undemocratic move. It directly thwarted the democratic will of the people, especially in those states forced by judicial fiat to let blacks marry whites. It was judicial tyranny at the expense of democracy. And opponents - latter-day Stanley Kurtzes - were full of the slippery slope argument.
He is one of the Bush's and the G.O.P.'s biggest fans until they cross into his gay territory.
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?
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