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Making the Case for Gay Marriage

In the wake of Proposition 8’s passage, the folks at Pajamas Media asked me to offer my thoughts on the initiative.  I did.  And they posted it.  Let me offer you the first three paragraphs:

While a strong supporter of legalized abortion, U.S. Supreme Court Justice Ruth Bader Ginsburg has long been critical of the court’s 1973 decision Roe v. Wade preventing states from banning abortion.  She believes the ruling prevented the nation from reaching a consensus on abortion and contributed to societal divisions which continue today on the controversial issue.

Last month at Princeton University, she said that, in handing down Roe, the court “bit off more than it could chew.” She would have preferred a more incremental decision which “would have been an opportunity for a dialogue with the state legislators.” With more input from elected state representatives, we might have moved closer to a national consensus on abortion.

As it is with abortion, so too should it be with gay marriage.  The issue will continue to divide us unless we bring the people, either directly or through their <em>elected</em> representatives, into the process.

Click here to read the rest!

Angry Gay Activists Demonize Mormons

I updated a previous post to include a comment from Todd Zywicki, a year ahead of me at the University of Virgnia School of Law and my predecessor as Vice President from Programming of our chapter of the Federalist Society.

Believing Todd’s post merited more attention than an update, I decided to devote an entire post to his piece, excerpting rather generously.  Like me, he wonders at opponents of Proposition 8 picketing the Mormons:

So let me get this right–those who are upset about the passage of Proposition 8 in California have decided that the thing to do is to pick on the Mormons? So one marginalized group decides that the way to go is to vent their outrage against another marginalized group in society? Unbelieveable.

And he asks for understanding of those who have different views on the topic:

Whatever one thinks of same-sex marriage, this is a question on which thoughtful people of goodwill can and do disagree. It is a perfectly reasonable and good-faith position to believe that marriage is a unique institution formed around childrearing. And to see same-sex relationships as fundamentally a bilateral partnership between two adults that can be governed by legal institutions like civil unions that create and preseve rights and obligations between two adults and to give the opportunity to form a long-lasting mutually-supportive loving bond without it being centered on the fundamental organizational principle of childrearing. And it is significant that married people with children apparently simply see this issue differently from everyone else–I speak from experience that marriage and children simply can and should change you as a person and your worldview. Maybe one disagrees with this argument or these people. But it is a perfectly compassionate and coherent position and it simply is not necessarily bigotry or gay-bashing to believe that. Barack Obama says he is against same-sex marriage–does that make him a bigot?

That’s not to say that some anti-gay bigots voted for Prop 8. But apparently the pro-8 side does not have a monopoly on bigotry.

Read the whole thing!

Via Glenn who adds “It occurs to me that picketing a mosque would be per se racist. Except that they’d be afraid to, anyway.