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Root causes

Okay, now for some expanded, yet still uninformed, speculation. Why did Bush beat Kerry? And what does that mean in four years? Four big reasons seemed to be the focus…

Okay, now for some expanded, yet still uninformed, speculation.

Why did Bush beat Kerry? And what does that mean in four years? Four big reasons seemed to be the focus in exit polling and general chatter I heard:

  1. The War on Terror: It’s probably simplistic to say that people just voted their fears, or that those same fears were fanned solely by the GOP in order to win the vote. 9-11 was, after all, just three years ago, and we’ve seen other al-Qa’eda (attributed) attacks since then, elsewhere, so a certain degree of concern over world terror is justified. And, for whatever reason, we’ve not had another attack on US soil, so there’s a certain credit given to Bush. And, beyond that, there was the sense that Bush was willing to send in the Marines, while Kerry would call INTERPOL.

    So, then — what happens in four years?

    If there hasn’t been a further Big Attack on US Soil by then, I think people will be (perhaps irrationally) willing to move on. The situation will seem to be handled and under control. Beyond which, the person to whom folks looked in trust (Bush) will be leaving the scene, and even his endorsement won’t ring quite the same way.

    If there is another big attack, that might not be to the GOP’s benefit, either. Sure, there will be finger-pointing, but it will be an attack on Dubya’s watch (the second, depending on how you count ’em), and folks might decide a different approach, or a different protector, is called for.

    In other words, the WoT will not be nearly the GOP vote-getter in 2008 that it was in 2004. Heck, probably not in 2006, either.

    (This, as well as the rest, assumes the Dems run a competent candidate. ‘Nuff said.)

  2. The War in Iraq: There was a lot of anger about Iraq, and, as even more than Bush supporter has noted, the President has not yet sold the American people on the war, just on the need to conclude it well. They trusted Bush to do this more than they trusted Kerry, who was expected (again, with some justification) to cut and run.

    If things are still dicey in Iraq in four years, though, the GOP will be in serious trouble. Heck, make it two years, at the mid-term elections. And “dicey” in this case means ongoing major insurgency troubles regardless of whether US troops are there. At that point, the question of whether we should have gone in will be moot — it will be what we did once we were there, and the fault will lie fully on Bush, and, by extension, the GOP. (The Dems may, in the long run, be thankful that they and Kerry didn’t get stuck with this.)

    If Iraq is going well in ’06 or ’08, it will bolster the GOP to some degree (especially if the Dems nominate a major war opponent). It will stand as proof that the Republicans are serious and effective in foreign policy. But it will not be nearly the electoral factor that it was this time around (foreign policy rarely drives elections — just as George Bush in 2000).

  3. The Economy: Just as Clinton benefited from a bubble that wasn’t primarily his doing, Bush suffered from the bursting thereof which, along with other factors, led to a recession. While not as effective in doing something about it as might be desired (though, in reality, the tax cuts probably did help spur the recovery), he managed to duck most of the responsibility and fallout — largely by depending on the previous two factors to cover for it. After all, you expect hardship in wartime, right?

    But if the recovery is too sickly, or too brief, the GOP will reap the punishment in ’06 and ’08. Indeed, they may have done Dems a favor this year by winning, if things go south again in the economy.

    If, on the other hand, the recovery is strong and lasting, the GOP will benefit. But, then, so will everyone else, right? So it’s not exactly something anyone would want to root against.

  4. The Culture War: As noted previously, there’s speculation that the populace is just plain ol’ getting more “conservative,” and this helped Bush this year (to get out the vote, if nothing else).

    The question remains, is this just a hiccup? A last hurrah? Or perhaps it’s just folks holding up their hands for a moment to say “whoa” and catch their breath. Or maybe the pendulum really is swinging back.

    What comes from that, though, is open to question. If the GOP pushes this too hard, then moderates who aren’t comfortable with gay marriage but who certainly don’t want to see Uncle Fred tossed in the clink because he lives with a “friend” are liable to defect in ’08, or even ’06. Folks who don’t like screwing around with the US Constitution are unlikely to go along with that sort of thing, either. And if the general population doesn’t want to see old traditions and mores tossed out by activist judges and left-wing loonies, they’re probably going to not be happy to see new rights that affect their family and friends tossed out (or not protected) by activist judges and right-wing loonies.

    The general shift of the population back to the “right” may not be real or persistent. But if it is, it’s probably the most serious, long-term threat to the Dems and their constituency groups of any of these, since, after all, it would represent the will of the majority. I don’t think it’s a card the GOP can play too overtly, or too often, though; the populace may want to pull back a little to the right, but they don’t want to be pulled that direction too far, too fast, any more than they want to be pulled to the left too far or too fast. If the Dems are targeted and effective in their protestations and opposition, they will do a lot better than if they just reflexively resist anything that the GOP puts forward.

    To that end, the biggest concern is probably that Bush & Co. will nominate all sorts of “awful” judges. The Dems have to be careful how they react here, and pick their battles carefully. Too much obstructionism makes them out as being solely partisan in their actions, and gives the GOP ammo for the next election. It’s dangerous to let bad judicial nominations through, but it may be necessary to let sub-optimal ones by in order to effectively stop the really bad ones.

There are a number of other factors that could come into play over the next four years.

  • The way the Bush Administration comports itself could play a small part of future electoral decisions — bullying, or arrogance, or continued refusal to let the buck stop there will not, in and of itself, affect an election, but it will leave a taint, a bad taste in the public’s mouth that could tip a balance.
  • It’s unlikely the environment will play a substantially greater part in folks’ decisions — those swayed by it already took that into account this time around — unless things get much more obviously worse in the next four years, the GOP is too overtly destructive of environmental laws, or there’s some sort of disaster that can be laid at their feet. But, again, for most voters the environment is a background issue, something that flavors the election decision, not something that decides it.

  • A lot of folks are worried about civil liberties (on the Left and on the Right), but it seems unlikely that anything short of a major homeland security effort that would have much of the GOP in Congress in rebellion would actually make it a significant factor over the next few elections. Things will get a bit worse, but I don’t expect to see bar codes on everyone’s forehead and Orwellian televiewers in everyone’s home by 2008.

  • Other foreign policy hot-spots could play a role. Iran and North Korea are obviously trouble spots. China is probably smart enough not to overplay its hand against the US just yet, but miscalculations could occur. Beyond Iraq and the WoT, if there are significant foreign policy blunders by Bush, it might have a small effect (though, again, foreign policy rarely decides elections.

  • A scandal of some sort is possible to tip the scales — there are any number of skeletons rattling around in the White House closets. The problem is, I think folks are getting tired of the scandal shtick, largely because it’s been used indiscriminately as a club by both parties, rarely with the significance matching the sound and fury that accompanied it. It’s all too likely, though, that a major scandal in the Bush administration wouldn’t seriously hurt the GOP in ’06 or ’08, both because of their control of Congress (which would be expected to take the lead in any sort of inquiry) and because the population will attribute it more to being a political attack than a substantive indictment, all things being equal.

Bottom line, some of the bigger items that Bush was able to leverage this time around — Iraq, and the War on Terror — are unlikely to be significant benefits in 2008, but hold the risk of being significant dangers (assuming the Dems don’t self-destruct). The economy could affect the next presidential election in either direction, depending on where it is as of July 2008 (to that end, it might be best of the Dems to not win back Congress in ’06). The culture war aspect may be the biggest problem for the Dems and the Left to overcome, assuming it’s real, but that also assumes that GOP arrogance doesn’t create a backlash toward the center.

Of course, there may be a completely new factor in the next two years, and four, that nobody can predict now. After all, nobody in 2000 would have predicted either of the first two as major election-deciders.

It should be an interesting (cue Chinese proverb) next few months, seeing which way things are starting to go.

UPDATE: Doyce has his election post mortem. Good stuff — and, if what he says is true, probably not his “last political post for awhile,” regardless of the title.

Some solace

Les finds a few glimmers of silver lining in the election results. To paraphrase: We’ve survived bad presidents before, and the win (and gains in Congress) may give enough rope…

Les finds a few glimmers of silver lining in the election results. To paraphrase:

  1. We’ve survived bad presidents before, and the win (and gains in Congress) may give enough rope for Bush and the Far Right to hang themselves with. I hope so. I’m a bit worried over some GOP moves to exclude certain laws from federal court oversight — a horrid, horrid precedent, even if constitutional.
  2. High voter turnouts were good news. Amen. Better by far for people to be engaged than apathetic. You can fool a large body of voters for a while. But you can get things by a disinterested populace a lot longer.

  3. The election was still close. Agreed. Add in the noise vs. signal issue (what really drove voters, and how persistent are those issues going into 2006 and 2008), and it’s clearly not the end of the world. A McGovern or Dukakis debacle — that would have been a lot more profound. Indeed, that Kerry managed to get as close as he did only three years after 9-11 is remarkable on the face of it.

  4. The banning of gay marriage in so many state constitutions is still better than a federal amendment for the same. That’s a reach, perhaps. Nor do I think Les’ contention that states that okay gay marriage (or, more likely, civil unions) are going to economically benefit in such a way as to get other states to change their ways (I doubt the economic effect will be that profound, and it’s a very different sort of issue to put at cross-purposes). This remains, to me, the most depressing outcome of the election.

Anyway, a good post, worth reading.

UPDATE: And another silver lining, from the comments — the defeat of Keyes (already mentioned here) in conjunction with the election of Obama.

The worst part …

… of the likely Bush victory over Kerry is the combination of triumphalist high-fives and neener-neeners from winners, and head-exploding wails of despair and loathing from the losers. Assuming the…

… of the likely Bush victory over Kerry is the combination of triumphalist high-fives and neener-neeners from winners, and head-exploding wails of despair and loathing from the losers.

Assuming the victory goes that way (’cause I’m not going to hold these thoughts until it’s all settled) …

To the winners — yes, you squeaked by. Be grateful, and be gracious. Consider how things felt when the exit polls were singing a different tune. You have the majority, but it’s not a huge one, and it can easily turn around in two years. Don’t alienate your support by arrogance. And don’t dismiss opposition to Bush’s policies as mere fringe ravings; 55MM votes say you’re wrong.

To the losers — try and be just a scosh gracious, too. Take a deep breath. Acknowledge that the majority (pretty clearly, this time, though it was still close) disagreed with you, and that you need to do a better job in selling your viewpoints next time around. Screaming that the 58MM or so folks who voted for Bush were idiots, dupes, or evil homophobic crypto-fascist theocratic thugs, is neither helpful nor likely to decrease their number. Threatening to move elsewhere is only going to earn you a ticket, with their gratitude.

If you want to sway those folks, you need to change your tactics. Instead of simply throwing rhetorical daggers at Bush for being a stupid-poopy-head, or an evil mastermind, or, paradoxically, both, try one or two or even three of the following:

  1. Attack the policies, not the person. Better yet, suggest policies that demonstrably might work better, as alternatives, and that have something to recommend them other than that they aren’t what Bush is doing. The fact is, there were plenty of people who voted for Bush who weren’t terribly happy with some of the things he’s done, but who didn’t see reasonable alternatives. Given a perceived choice between slogging things out in Iraq and just abandoning the whole business (whether or not that perception was fair), they chose the slogging one. Give them a better course, and they’ll likely take it, and the people who tout it. There are plenty of folks who back the President on Iraq, but don’t care for his social policies. Push them into an either-or and you may lose (in fact, you did). Give them something more nuanced to support, drum up opposition to particular policies that don’t require them to change their mind on everything, and you may be more successful.
  2. Next election, put forward an alternative candidate that you can actually support, fergoshsakes, not someone who happens not to be Bush (or whomever the GOP go with next time). There was a lot of “Bush is eeeevil!” being tossed about, but not a lot of “Kerry, Kerry, he’s our man …” that didn’t veer off into “… because he’s not Bush.”

  3. Try not to sound, as a movement, like absolute idiots and anarcho-communist radicals who want to tear down the country and spit on the flag. That doesn’t describe most of the opposition to Bush, but it certainly describes an overly-vocal percentage of it, and they do nothing for the cause but discredit the majority of those on the Left who aren’t that daft. Disinvite folks like ANSWER from the rallies, and distance yourself from that sort of crap. Yes, they stir up passions and shout loudest at demonstrations. They also are (rightfully) scary to the majority in the population in the country, which only pushes that majority away from you. (And, yes, there are vocal absolute idiots and radicals on the other end of the spectrum, too, but either the populace didn’t consider them as scary, or else they didn’t conflate Bush and the GOP with them, rightly or wrongly. See if you can figure out why.)

The rhetoric needs to be revisited, too. The Tax Cuts For The Rich / Halliburton / Neocon Conspiracy / Bible-Thumper / Draft Dodger bits didn’t work. They’re tired. People — the people you want to change the minds of, remember? — aren’t going to listen to them (unless they already believe them). Keeping them up just makes you sound shrill and impotent and stuck in the past, whether they’re accurate or not. Attack what’s going on now, especially if you have some decent alternatives, rather than rant about the Evil Rovian Cabal behind it. People will be a lot more likely to be on your side if you let them connect the last dots.

Of course, since Bush only has a single term left (huzzah), the strategy needs to be on both 2006 (the congressional races) and 2008 (the next presidential race), factoring Bush out of things except as a (secondary) counter-example. Maybe that will actually make US political rhetoric and activism stop being a perpetual referendum on Bush’s personality (which, it seems, the majority of the people like) and more one on the issues. One can but hope.

And hope I do. Because, frankly, there aren’t lot of good candidates waiting in the wings next time out for the GOP, certainly not with the folksy charm that Bush exudes (whether you consider it a ploy or evidence of his stupidity). Bill Owens is probably closest, and he comes across as a lot more moderate than Bush — but the best bet that the Dems have next time out is that the conservatives will overplay their hand and go for someone who’s more firmly hard-line and less friendly. That might actually turn things around, especially if the Dems can nominate someone that they’re exited about per se, rather than as an alternative.

Stay tuned …

UPDATE: Josh Claybourn has some interesting analysis that may invalidate some of the above. He sees the Bush win as part of the ongoing “culture wars” — which is tied into the anti-gay marriage proposition wins. That indicates that policy-related stuff — economy, war, homeland security — may be less influential on ongoing elections than more social issues — abortion, religion, gay rights, etc. That’s worrisome, to me — but is it a changing tide or a “last surge”? How this will play into the Blue-vs-Red stuff, the growing immigrant population, etc., is anyone’s guess. But it’s indicative that the Dems may run into problems with how to draw on some of their core interest groups on topics like abortion and not alienate what might be a growing move of the center.

UPDATE: Yeah, a big turn-out. But it didn’t (vs. conventional wisdom) all go Dem. The “The Most Important Election Of Our Lifetime” energized both sides (see previous update).

And the youth vote doesn’t seem to have been abnormally high, either, which is disappointing (actually looks to be the same percentage as 2000, around 15-20%). Did the rhetorical excess make them roll their eyes? Are the youth a lot more conservative, culturally, than the movies and TV would have us believe?

UPDATE: Interesting. The Colorado House and Senate look to have gone Dem, despite a GOP governor and giving the president vote to Bush, and despite an overall registration deficit for the Dems. That may, in turn, hurt Owens for 2008.

UPDATE: Hopefully the response from the Dems will be more productive than some of the ones documented here. Though, “Don’t mourn, organize,” seems like a good idea. Just watch who you include in your organization, and pay closer attention to what your mission statement is. To wit, it’s to win, to get more people to vote for you, not to just try and make the other guy lose.

UPDATE: Since it didn’t ping through, here‘s a nicely complementary mention from Anne …

The Morning After the Night Before

Well … I’m glad I didn’t stay up for the “results” … Let’s do a run-down of the ballot to see how my personal choices did: President: Well, I definitely…

Well … I’m glad I didn’t stay up for the “results” …

Let’s do a run-down of the ballot to see how my personal choices did:

  • President: Well, I definitely lost here in Colorado, with a good 50k deficit for Kerry against Bush. That will likely close up some as further precincts report in, but pretty much everyone is calling it for Bush here. Nationally? Well, it’s still unofficial — though I’ll bet a lot of those folks who railed against the electoral system last election would be more than happy to see Kerry win electorally but not popularly. More on the presidency later.
  • Senate: Looks like Salazar (D) beat Coors by close to the same margin as Bush beat Kerry here, providing plenty of grist for post-election analysis. That victory helps keep the Republican increases in the Senate down by that much more. Nice to have won a big one.

  • House: Not surprisingly, Tancredo (R) beat Conti. Pleasingly, Salazar (D) (the brother) won one for the Dems. Unfortunately, Musgrave (R) beat Matsunaka in an not-unexpectedly nasty campaign.

  • State Senate: Spence (R) beat Love, which is how I’d voted.

  • State House: Clapp (R) beat Donohue, which is the opposite of how I voted (but certainly was in keeping with the signage I saw driving home last night). Not surprisingly, the US House and two State legislature votes were almost all the same percentage — 60-40 for the GOP. When you get to that level, folks tend to vote straight-party.

  • County DA: Chambers (R) beat Hill (by the same margin), which is, again, how I voted.

  • Amendment 34: Construction Liability: lost 75-25 (huzzah).
  • Amendment 35: Tobacco Taxes: won 57-43 (a small alas).
  • Amendment 36: Electors: lost 65-35 (huzzah).
  • Amendment 37: Renewable Energy: winning, 52-48 (alas), but not called yet.
  • Referendum A: State Civil Service: losing, 63-37 (huzzah), but no called yet.
  • Referendum B: Obsolete State Constitution Stuff: won, 65-35 (huzzah).
  • Referendum 4A: FasTracks: winning, 68-32 (huzzah), but not called yet.
  • Referendum 4B: SCFD: won 58-42 (huzzah).
  • 3A: School Mill Levy Hike: won 63-37 (huzzah).

So, as far as my ballot went, not a bad outcome (7 to 2 on the ballot propositions, 3-3 on the candidates). Nationwide, though, disappointing. I’m irked that the GOP has increased its margins in both houses, whether or not Kerry somehow manages to pull it out. I’m appalled that every single of the near dozen measures to ban gay marriage won, in some cases by huge amounts. More on that, later, too.

Angst Watch 2004 – The Decision

Changed my mind again — or, rather, changed my mind about when I was going to post this. Yes, it’s the “Who Am I Going To Vote For President” post…

Changed my mind again — or, rather, changed my mind about when I was going to post this. Yes, it’s the “Who Am I Going To Vote For President” post (may God have mercy on my soul). Read on if you have any interest (and a few minutes).

Continue reading “Angst Watch 2004 – The Decision”

How Christlike … not

It’s perhaps inappropriate to ascribe motivations to people, but certainly it’s not inappropriate to say that Jimmy Swaggart doesn’t seem particuarly Christian in this proclamation: During the program, a rambling…

It’s perhaps inappropriate to ascribe motivations to people, but certainly it’s not inappropriate to say that Jimmy Swaggart doesn’t seem particuarly Christian in this proclamation:

During the program, a rambling sermon by Swaggart who is trying to rehabilitate himself after an arrest for soliciting a prostitute, the televangelist turned to the subject of gay marriage.
According to a transcript of the program, Swaggart said: “I’m trying to find the correct name for it … this utter absolute, asinine, idiotic stupidity of men marrying men. … I’ve never seen a man in my life I wanted to marry. And I’m gonna be blunt and plain; if one ever looks at me like that, I’m gonna kill him and tell God he died.”
The remarks were met with applause from his congregation.
The program was taped at Swaggart’s ministry in New Orleans where voters Saturday agreed to amend the Louisiana constitution to bar same-sex marriage.

It is certainly Mr Swaggart’s privilege to consider gay marriage stupid (just as I consider a number of things “stupid” that others think are correct). It’s sort of ignorant for Swaggart to somehow judge that it’s idiotic just because he never found himself attracted to men. I’ve never seen a raw tomato that looked gustatorially attractive to me, but that doesn’t mean I think folks are idiotic for wanting to eat them. Still, there’s no accounting for tastes …

But assuming Swaggart’s final comments are recorded accurately, I can’t imagine Christ suggesting that someone who looks at you lustfully deserves killing (and deserves prevarication toward God about it).

I don’t agree with the complaint brought in Canada for the broadcast of the sermon (it’s better for folks to hear Swaggart making a jerk of himself than to suppress that speech). Though don’t get me started on Louisana’s new constitutional amendment.

But regardless of all that, Swaggart’s statements are not what I see Christianity as representing, and I certainly, as a Christian, condemn them in no uncertain terms.

(via Volokh)

Not for the faint of heart

If there is an issue more contentious, more emotional, more liable to cause a wrench to the gut, a surge of anger, a shout of anguish, than Iraq, gay marriage,…

If there is an issue more contentious, more emotional, more liable to cause a wrench to the gut, a surge of anger, a shout of anguish, than Iraq, gay marriage, and gun control combined, it’s abortion.

It’s not a topic I discuss here often, just because it’s a topic I struggle with on a number of levels, being both highly sympathetic to those who oppose abortion because they believe it’s the taking of human life (and the lengths to which such a conviction must drive them), and to those who oppose abortion restrictions because of the intrusion of the law and society into something so painfully personal.

That said, as this linked article shows, regardless of what has or has not been legally restricted, the legal and social threats over abortion and abortion providers has led to circumstances where a woman who needs one, who should be able to get one — even, I suspect, in the eyes of most abortion opponents — had to go through this ordeal.

Not for the faint of heart.

This isn’t an easy topic, because regardless of what we end up doing as a society about abortion, a horrible amount of pain and suffering is going to result.

(via Respectful of Otters)

Hate to say I told you so, but …

More of the dangers of a mixed bag of civil union laws across the US have cropped up, this time in Virginia. In this case, a Lesbian couple that entered…

More of the dangers of a mixed bag of civil union laws across the US have cropped up, this time in Virginia. In this case, a Lesbian couple that entered into a civil union in Vermont, have a 2-year-old daughter. The daughter was born in Virginia. The couple dissolved their union in Vermont last year, and a Vermont court ordered temporary visitation rights for the non-custodial partner.

A Virginia court has now claimed jurisdiction over the matter, asserting that since Virginia doesn’t recognize Vermont’s civil union laws (indeed, it has some of the harshest statutory language against civil unions in the US), it gets to make such decisions over a child in its territory.

The American Civil Liberties Union of Virginia and gay rights advocates said the ruling could set a dangerous precedent. “The reason child jurisdiction statutes were enacted was to prevent exactly this scenario ? parents fleeing with children from one jurisdiction to another, because they don’t like the custody rulings of a state,” Rebecca Glenberg, a lawyer with ACLU, said in a statement.
Price said the decision could turn Virginia into “the Las Vegas of gay divorce.”
“If you had a civil union in one jurisdiction and you wanted to be clear and free of the responsibilities under it … you could just move to Virginia and none of those responsibilities would exist anymore,” he said.

Which, I suspect, is not exactly what either the people of Virginia or Vermont want.

And which is one of the problems with the patchwork of civil union laws — and laws that explicitly don’t recognize them — we have in this country right now. One can but hope that a commonly enforceable framework will come to pass, quickly, for the sake (if I can drag out the old cliche) of the children, if nothing else.

Rule of Law

The California Supreme Court has ruled that Mayor Gavin Newsom of San Francisco had overstepped his Constitutional bounds in issuing marriage licenses to gay couples, and, 5-2, voided the 4,000-odd…

The California Supreme Court has ruled that Mayor Gavin Newsom of San Francisco had overstepped his Constitutional bounds in issuing marriage licenses to gay couples, and, 5-2, voided the 4,000-odd gay marriages that had occured.

“The justices have restored the rule of law in California,” said the Alliance Defense Fund’s senior counsel, Jordan Lorence, who argued the case before the court in May. “The decision shows that same-sex `marriage’ is not inevitable. Same-sex `marriage’ loses whenever a state puts it before voters.”

Actually, the ruling shows nothing of the sort. It shows that the court isn’t going to let executive branch members decide on the constitutionality of laws — which, I have to say, is probably a good thing. After all, if one mayor declared that a law prohibiting gay marriage was unconstitutional and could thus be ignored, nothing would stop a mayor in some future year from declaring a law allowing gay marrage to be unconstitutional and thus ignoring it.

Gay rights groups had expected the ruling against Mr. Newsom, but had hoped that the court would not throw out the 4,000 marriages until the broader constitutional issue had been decided.
“It is a sad day for all the wonderful couples in San Francisco, but we know this is not the end,” said Alice Leeds of Parents, Families and Friends of Lesbians and Gays, a gay rights group in Washington. “The future lies in fairness for gay and lesbian families.”

I believe so, too. That said, the court could not well have let the marriages sit in limbo while a parallel case progresses through Superior Court. While I hope (and perhaps even expect) that California courts will ultimately agree with Massachusetts on the matter, it’s necessary that they do so in a proper fashion that won’t come back to bite people of any political stripe back on the butt. (Whether the courts making such a determination is, in fact, “proper,” is a political discussion for another day; I think it is, though I also recognize certain risks pertaining to that view.)

Political Quiz

Because it’s safe if I’m talking about myself, right?…

Because it’s safe if I’m talking about myself, right?

Continue reading “Political Quiz”

Whiplash

Wasn’t just a week or two ago that GOP lawmakers in Congress were trying to impose a one-size-fits-all Constitutional amendment against gay marriage, to quash even states from allowing such…

Wasn’t just a week or two ago that GOP lawmakers in Congress were trying to impose a one-size-fits-all Constitutional amendment against gay marriage, to quash even states from allowing such laws? Wasn’t it just a week or two ago that Democratic lawmakers were crying out that the states are best suited to make such decisions?

Well, that was a week or two ago, and now the Marriage Protection Act — which would remove the Defense of Marriage Act from federal court review — has the two sides flip-flopped again.

Rep. John Hostettler, R-Ind., author of the bill, said the issue is too important to ignore. “Simply put, if federal courts don’t have jurisdiction over marriage issues, they can’t hear them. And if they can’t hear cases regarding marriage policy, they can’t redefine this sacred institution,” Hostettler said when he introduced the legislation in May.

and

While Republicans defended states’ rights, Democrats said the phrase recalled Southern opposition to desegregation, which was propelled by a series of federal court rulings.

That’s closer to the usual alignment, but in point of fact both sides have shown they’re more than willing to depend on Federal law and courts to impose support positions they believe in but that the states have not yet fallen in line behind.

As to the law itself, it depends on a very rarely used clause of the Constitution itself, Article III, Section 2, Clause 2 (emphasis mine):

In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned [in Clause 1], the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

Which means it’s probably constitutional, from what I understand, but it strikes me as a pretty bad idea. Congress passing laws and preventing judicial oversight of them strikes me as a dangerous precedent — one as likely to bite any ideological stripe of Congresscritter depending on who’s in the majority. As one observer on the radio noted this morning, “What if a Democratic Congress passes a major gun control bill and adds that the federal courts can’t review it against the Second Amendment?”

Some folks might consider that a blessing against the tyranny of the judiciary. It seems like an opening for a crazyquilt of extra-constitutional laws to me.

“Christian nation”

The Texas GOP has included a plank in their state party platform that the US is “a Christian nation.” That’s just swell, guys. While it’s true that, numerically, Christians are…

The Texas GOP has included a plank in their state party platform that the US is “a Christian nation.” That’s just swell, guys.

While it’s true that, numerically, Christians are a majority, and so one can describe to the US as “a Christian nation” in that way, that’s a bit different from asserting it as a political party plank. As Cathy Young notes, “If we’re going by the numbers, why not have a party platform asserting that the United States is ‘a white nation’? After all, 77 percent of Americans are white.”

Or, conversely, given that only 44% (on the high end of estimates) of Americans attend weekly church service, what if a political party decided to assert that, “the United States is a nation that rejects churchgoing.” I suspect the Texas GOP (and those supporting its platform here) would likely have conniptions over someone making that sort of assertion.

Political platforms are odd birds. On the one hand, nobody — least of all successfully elected candidates — really pays attention to them. When’s the last time an elected official said, “I’m voting for this because this is what the party platform says.” Heck, it’s usually hard to gets candidates to mention the platform during the election.

That’s because the platform is written by various party factions and insiders. It’s usually much more extreme and polemical than the majority of party members (except for the paradoxical occasions when, faced with an extremely contentious issue, a platform will try to simply gloss over it completely with platitudes and no actual stance). Given that you could likely find significant differences of opinion between any two Republicans (or any two Democrats) on various substantive issues (the Iraq war, separation of church and state, abortion, the tax code, health care reform, the War on Drugs, what to do about Iran, what to do about Israel, environmental policy, gay marriage), expecting any document to stand for “what this party believes” is, of course, folly.

Perhaps the whole platform thing needs to go away, and the candidates themselves need to develop their own personal platforms — “This I believe.” It would be more helpful, more accurate, and more interesting.

Be that as it may, while on the one hand I hate to lend too much credence to any particular party platform as anything meaningful, I suspect we’re in for a lot of that this year, as both sides and their supporters try to make political hay from whatever tomfoolery the Dems or GOP put into Official Tomes (we’re already seeing this in the run-up to the Democratic convention).

As for the Texans — well, folks, that’s just dumb. It’s one thing, as noted above, to conversationally or rhetorically make a broad generalization from an historic or demographic sense, because that welcomes debate on the matter and its meaning. But for all that party platforms aren’t worth the trees cut down to print them, they still have a patina of Official Government Policy (If We Get In) that makes a statement like that — well, impolitic, at best, and both inflammatory and Constitutionally suspect at worst.

(via Volokh)

Down in flames

Sounds like good reasons to me: A proposed constitutional amendment to ban same-sex marriage was headed for defeat in the Senate today, doomed by nearly solid Democratic opposition, sharp divisions…

Sounds like good reasons to me:

A proposed constitutional amendment to ban same-sex marriage was headed for defeat in the Senate today, doomed by nearly solid Democratic opposition, sharp divisions within Republican ranks and a lack of consensus among voters over how best to deal with the issue.

Good news indeed.

Hah! Silly me!

“Final” or “climactic” it appears not. At least one prominent diocesan conservative priest has (in an e-mail being CCed about) zinged Bishop O’Neill for deciding that no canons had been…

“Final” or “climactic” it appears not. At least one prominent diocesan conservative priest has (in an e-mail being CCed about) zinged Bishop O’Neill for deciding that no canons had been broken — since, after all, we’re talking about a same-sex committed relationship, clearly (according to the writer) at odds with Scripture, and thus at odds with all sorts of canonical stuff.

And, on top of that, obviously it was being done in mimicry of an actual marriage, and thus is even further beyond the pale.

Thus, the cleric concludes, the bishop is now on record in support of the anti-Scriptural concept of gay marriage.

It’s noteworthy that this is precisely the sort of reaction that Bp. O’Neill wanted to avoid, at least before he was ready for it — but it’s also indicative of the equally hard-line beliefs that he faces having to balance, and the possible futility in trying to do so.

See?

This should have conservatives — or at least supporters of marriage — dancing in the streets, or so you’d think. Now that it is about to be legal for same-sex…

This should have conservatives — or at least supporters of marriage — dancing in the streets, or so you’d think.

Now that it is about to be legal for same-sex couples to marry, some Massachusetts employers are eliminating domestic-partner benefits for gay workers, requiring them to say “I do” if they want to keep their partners on their insurance.
Beth Israel Deaconess Medical Center, one of the state’s largest employers, will drop domestic-partner benefits for Massachusetts residents at the end of this year, as will Babson College.
“The original reason for domestic-partner benefits was to recognize that same-sex couples could not marry,” Beth Israel spokesman Jerry Berger said. “Now that they can, they are essentially on the same footing as heterosexual couples.”

There is a huge embedded legal and contractual infrastructure around marriage in this country — evolving (rightfully), but already functioning with the lessons of years. Trying to overcome artificial barriers to marriage by creating “civil unions” and “domestic partners” bypasses that, making for a crazy-quilt of rights and obligations.

Extending marriage to gays simplifies matters, and puts everyone on an even footing. That seems pretty efficient to me.

Motes and Beams

Nicholas Kristof — no fan of Relgious Right politics — offers a worthwhile op-ed on the need for tolerance and respect to go both ways. I’ve argued often that gay…

Nicholas Kristof — no fan of Relgious Right politics — offers a worthwhile op-ed on the need for tolerance and respect to go both ways.

I’ve argued often that gay marriage should be legal and that conservative Christians should show a tad more divine love for homosexuals.
But there’s a corollary. If liberals demand that the Christian right show more tolerance for gays and lesbians, then liberals need to be more respectful of conservative Christians.
One of the most ferocious divides today is that between evangelical and secular America. Some conservative Christians are all too quick to sentence outsiders to hell. And liberals denounce stereotypes of Muslims but not of “Christian nuts.”

Worth reading, even if (or particularly if) you find the actions of some Christian right blowhards and hypocrites to be justifiable brushes with which to tar an entire, broad religious movement.

(via Blinne)

An illustrating moment

A common canard among those against gay marriage and civil unions is that, well, all of those things that gay couples are looking for — power of attorney, inheritance rights,…

A common canard among those against gay marriage and civil unions is that, well, all of those things that gay couples are looking for — power of attorney, inheritance rights, survivor benefits, etc. — can all be handled without using the “M” word, or even the “CU” words, through contracts and other legal arrangements. Right? So why rock the boat and insist on constitutional protections and the like? Huh?

Well, probably because of cretinous moves like this, the “Marriage Affirmation Act” just passed by the Virginia General Assembly.

A civil union, partnership contract or other arrangement between persons of the same sex purporting to bestow the privileges or obligations of marriage is prohibited. Any such civil union, partnership contract or other arrangement entered into by persons of the same sex in another state or jurisdiction shall be void in all respects in Virginia and any contractual rights created thereby shall be void and unenforceable.

Virginia already doesn’t recognize civil unions (let alone gay marriages). What the bill seems to do is allow the legislature and courts to void any sort of marriage-like agreement or contract between same-sex couples.

Once this bill is enacted, it will likely deprive gay and lesbian Virginians of some of the few choices that they currently have to protect their families including:
– Advanced Medical Directives (also known as Power of Attorney)
– Custody decisions and arrangements
– Health Insurance coverage through those companies in Virginia currently able to offer benefits to unmarried partners.
– Estate planning and wills.
Because each of these “arrangements” grants rights contractually that are otherwise available only through marriage, they can be set aside or voided by the action of the General Assembly.

Isn’t that nice?

While one might think that Equality Virginia is exagerrating, there’s plenty of legal analysis to indicate they’re not. Hell, the way it’s written it could have serious effects on all Virginians, by assaulting basic contract law.

So remember that next time someone talks about how gay rights is all a lot of legalistic kerfluffle, and they have the same protections and abilities to contract up their relationships as anyone else.

Jefferson must be spinning in his grave.

(via Julia)

When they came for …

Where’s Martin Niemoeller when you need him? That may be an exagerration, but — well, the good reverend’s famous quote is all about slippery slopes. I find hate speech ……

Where’s Martin Niemoeller when you need him? That may be an exagerration, but — well, the good reverend’s famous quote is all about slippery slopes.

I find hate speech … well, hateful.

Problem is, what I consider hate speech may simply be someone’s expression of opinion or moral conviction or political belief. And, frankly, I find suppression of opinons and beliefs even more abhorrent. Because it all becomes a matter of who’s doing the defining of what’s “hate” right now.

‘Canada is a pleasantly authoritarian country,” Alan Borovoy, general counsel of the Canadian Civil Liberties Association, said a few years ago. An example of what he means is Bill C-250, a repressive, anti-free-speech measure that is on the brink of becoming law in Canada. It would add “sexual orientation” to the Canadian hate propaganda law, thus making public criticism of homosexuality a crime. It is sometimes called the “Bible as Hate Literature” bill, or simply “the chill bill.” It could ban publicly expressed opposition to gay marriage or any other political goal of gay groups. The bill has a loophole for religious opposition to homosexuality, but few scholars think it will offer protection, given the strength of the gay lobby and the trend toward censorship in Canada. Law Prof. David Bernstein, in his new book You Can’t Say That! wrote that “it has apparently become illegal in Canada to advocate traditional Christian opposition to homosexual sex.” Or traditional Jewish or Muslim opposition, too.
Since Canada has no First Amendment, anti-bias laws generally trump free speech and freedom of religion. A recent flurry of cases has mostly gone against free expression. The Saskatchewan Human Rights Commission ruled that a newspaper ad listing biblical passages that oppose homosexuality was a human-rights offense. The commission ordered the paper and Hugh Owens, the man who placed the ad, to pay $1,500 each to three gay men who objected to it. In another case, a British Columbia court upheld the one-month suspension, without pay, of a high school teacher who wrote letters to a local paper arguing that homosexuality is not a fixed orientation but a condition that can and should be treated. The teacher, Chris Kempling, was not accused of discrimination, merely of expressing thoughts that the state defines as improper.

I think that Biblical teaching opposing homosexuality is wrong. I am not a believer in the inerrancy of Scripture, and even if the passages usually quoted mean exactly what they say, I don’t believe they’re applicable today (any more than any number of other Biblical injunctions). And even if they did, using the Bible as the basis per se for civil law seems unwise (if not unconstitutional).

But that doesn’t mean that I want folks who speak out Biblically against homosexuality — whether in quiet, studied tones or with the flipped-out fire and brimstone of the Phelps Gang — to be prosecuted for doing so.

When you allow the state to suppress opinions the ostensible majority find repugnant, it’s a recipe for (at the very least) a tyranny of that majority. Dressing it up as protection against “hate speech” is missing the point — a shift in the public wind, and you could as easily fine people and send them to jail for criticizing the church. It’s bad, bad, bad public policy.

The churches seem to be the key target of C-250. One of Canada’s gay senators denounced “ecclesiastical dictators” and wrote to a critic, “You people are sick. God should strike you dead.” In 1998, lesbian lawyer Barbara Finlay of British Columbia said “the legal struggle for queer rights will one day be a struggle between freedom of religion versus sexual orientation.”
It’s starting to be defined just that way in other countries. In Sweden, sermons are explicitly covered by an anti-hate-speech law passed to protect homosexuals. The Swedish chancellor of justice said any reference to the Bible’s stating that homosexuality is sinful might be a criminal offense, and a Pentecostal minister is already facing charges. In Britain, police investigated Anglican Bishop Peter Forster of Chester after he told a local paper: “Some people who are primarily homosexual can reorientate themselves. I would encourage them to consider that as an option.” Police sent a copy of his remarks to prosecutors, but the case was dropped. In Ireland last August, the Irish Council for Civil Liberties warned that clergy who circulated a Vatican statement opposing gay marriages could face prosecution under incitement-to-hatred legislation.

There’s a certain irony here, of course. Neither side of the political spectrum, Left or Right, has been immune to prosecution of unpopular speech. Certainly conservatives in the 20th Century scurrilously used “un-American” and “unpatriotic” and “anarchic” and “Communist” as labels under which to crack down on dissent — often abetted by Christian churches with their own social axe to grind. It’s ironic that the Left, which struggled mightily against those suppressions of opinion and belief, are so quick to institute their own now that they have the political power to do so.

The article is a bit breathless in its warnings about the situation, and there is certainly room for considered differing opinion on the wisdom of this legislation. But it’s worrisome. It echoes a trend of Goodthink that perennially infects this country, even with the First Amendment. And it makes me wonder — what sort of stuff have I written about here could be considered “incitement to hate” somewhere else?

Just to show …

… that Colorado is not always at the foremost fringe on some political issues, the Musgrave Amendment, a US constitutional amendment banning gay marriage introduced by a Colorado Representative, is…

… that Colorado is not always at the foremost fringe on some political issues, the Musgrave Amendment, a US constitutional amendment banning gay marriage introduced by a Colorado Representative, is DOA in the Colorado statehouse.

Granted, we do have a state constitutional provision defining marriage as one-man-one-woman. But at least they don’t want to enshrine it in the US Constitution.

The Catholic Card

Some folks (mostly conservative) are crowing over potential conflicts between John Kerry (a Catholic) and the Church, based on his positions on various subjects. The last time a major political…

Some folks (mostly conservative) are crowing over potential conflicts between John Kerry (a Catholic) and the Church, based on his positions on various subjects.

The last time a major political party put forward a Roman Catholic candidate for President, he had to confront bigotry and suspicion that he would be taking orders from Rome. Forty-four years later, the Democrats are poised to nominate another Catholic—another Senator from Massachusetts whose initials happen to be J.F.K.—and this time, the controversy over his religion may develop within the Catholic Church itself. Kerry’s positions on some hot-button issues aren’t sitting well with members of the church elite. Just listen to a Vatican official, who is an American: “People in Rome are becoming more and more aware that there’s a problem with John Kerry, and a potential scandal with his apparent profession of his Catholic faith and some of his stances, particularly abortion.”
But it’s far from clear whether the greater political problem is Kerry’s or the church’s. “I don’t think it complicates things at all,” Kerry told TIME in an interview aboard his campaign plane on Saturday, the first in which he has discussed his faith extensively. “We have a separation of church and state in this country. As John Kennedy said very clearly, I will be a President who happens to be Catholic, not a Catholic President.” Still, when Kennedy ran for President in 1960, a candidate could go through an entire campaign without ever having to declare his position on abortion — much less stem cells, cloning or gay marriage. It was before Roe v. Wade, bioethics, school vouchers, gay rights and a host of other social issues became the ideological fault lines that divide the two political parties and also divide some Catholics from their church.

It raises an interesting conflict because of the nature of the Catholic Church (which formally acts as sacramental intermediary between Man and God, and has a lengthy rule book to prove it) and American (Protestant) tradition of a man’s religion being his own affair.

If anything, the church is getting tougher. The Vatican issued last year a “doctrinal note” warning Catholic lawmakers that they have a “grave and clear obligation to oppose any law that attacks human life. For them, as for every Catholic, it is impossible to promote such laws or to vote for them.” When Kerry campaigned in Missouri in February, St. Louis Archbishop Raymond Burke publicly warned him “not to present himself for Communion”�an ostracism that Canon Law 915 reserves for “those who obstinately persist in manifest grave sin.” Kerry was scheduled to be in St. Louis last Sunday, and told TIME, “I certainly intend to take Communion and continue to go to Mass as a Catholic.”

Certainly there are plenty of American Catholics who hold personal views on sensitive subjects — abortion, for example — that are in conflict with Church teaching. The difference, of course, is that Kerry is proclaiming those views, and translating them into political action.

Kerry, for his part, is planning to avoid stirring any up. “I don’t tell church officials what to do,” he says, “and church officials shouldn’t tell American politicians what to do in the context of our public life.”

Of course, religiously, that’s a dubious proposition, even not considering Catholic dogma per se. It’s altogether possible — indeed, even necessary and justifiable — for a church to take sanctions against those who flout its doctrines. Tolerance and forgiveness are one thing — treating behavior deemed sinful as nothing all that important is quite another. Freedom of association works both ways. And while there is a distinction between what a public servant’s duty is as an elected representative, and what someone holds personally and privately to be true, that doesn’t give someone a complete pass to say “I was only following the will of the electorate” without bearing some personal responsibility for doing so.

That said, I really don’t see, from a political standpoint, that this is going to turn out to be all that significant. Those who feel, for example, that abortion is a grievous moral sin and a profound social ill, are probably already lined up for Bush, not Kerry.

On the other hand, it’s not the situation that could backfire on Kerry, but his way of handling it. If pushed to a confrontation, how he reacts — defiant, regretful, penitent, angry, whiny, bold, whatever — could alienate and/or attract both Catholics and others.

The same stakes hold true for the Church, of course — trying too hard to make someone toe the line, trying too blatantly to influence the behavior and actions of elected officials, beyond what’s seen as the realm of personal conscience, might generate sympathy for Kerry, and further antipathy toward the hierarchy.