Flashback: A Hill to Die On

Don’t take my word for it that conservative opponents of standing for marriage – yes, even David Horowitz – are terribly, dangerously wrong. Last April, Robert Stacy McCain penned a must-read American Spectator column on why surrender is not an option:

Grant the radicals everything they demand today, and tomorrow they will return with new demands that they insist are urgently necessary to satisfy the requirements of social justice.

When they refer to themselves as “progressives,” radicals express their own basic truth: Their method of operation is always to move steadily forward, seeking a progressive series of victories, each new gain exploited to lay the groundwork for the next advance, as the opposition progressively yields terrain. Such is the remorseless aggression of radicalism that conservatives forever find themselves contemplating the latest “progressive” demand and asking, “Is this a hill worth dying on?”

My own instinct is always to answer, “Hell, yes.” Nothing succeeds like success and nothing fails like failure. Ergo, to defeat the radicals in their latest crusade (whatever the crusade may be) is to demoralize and weaken their side, and to embolden and encourage our side. Even to fight and lose is better than conceding without a fight because, after all, give ’em an inch and they’ll take a mile.

This explains much about why I disagree with some conservatives who say we should not expend much effort defending traditional marriage against the gay-rights insurgency.

Some conservatives are wholly persuaded by the arguments of same-sex marriage advocates. Others, however, are merely unprincipled cowards and defeatists. Concerned about maintaining their intellectual prestige, some elitists on the Right do not wish to associate themselves with Bible-thumping evangelicals. Or, disparaging the likelihood of successful opposition, they advocate pre-emptive surrender rather than waging a fight that will put conservatism on the losing side of the issue.

Yet if the defense of traditional marriage — an ancient and honorable institution — is not a “hill worth dying on,” what is? In every ballot-box fight to date, voters have supported the one-man, one-woman definition of marriage. As indicated by exit polls in California last fall, this is one issue where the conservative position is widely endorsed by black and Latino voters. Should such a potentially promising political development be abandoned?

Stacy goes on to expose the seeds of gay marriage in the radical feminism of the 1970s, which sought to confuse gender equality with gender sameness, and point out that the conservatives of the era, busy with the fight against Communism, largely dismissed it as a mere social-issues distraction, thereby allowing themselves to be distracted from the Left’s designs…a mistake, I fear, much of the Right is repeating with Islam.

It Begins: Republicans Running Away from Marriage

Speaking of Republicans being their own worst enemies

Needless to say, I couldn’t agree less with Doug Mataconis and the Republican leaders to which he refers:

Certainly, there are areas of the country where taking a strong stand on gay marriage won’t hurt, and very likely could help, a Republican candidate. For the most part, though, it’s fairly clear that this year’s electorate is focusing on the economy and jobs, not whether or not the two guys in Apartment 3B can get a marriage license or not. If the GOP is smart, which is I admit an unanswered question, they’ll keep quiet on this and let the case make it’s way through the Courts.

Problem Number One: I don’t think this is a losing issue. Though the poll numbers are narrowing, many still show majorities opposed to redefining marriage. And as I said yesterday, 4/5 of the states have marriage protection legislation either on the books or in their constitutions. And this is all with national Republicans virtually silent on the issue. (And it’s not for nothing that Barack Obama won’t endorse same-sex marriage…) Especially considering the fact that the political winds are turning against the idea of the elite few telling states what to do, it’s high time our leaders tried their hand at, well, leading public opinion instead of following it for a change.

Problem Number Two: The post is all about strategy; no mention is made of principle. If Proposition 8 is an judicial affront to the rule of law, and if redefining marriage is fundamentally wrong, isn’t it worth some degree of political risk to say so? Doesn’t our political parties owe anything to the public good?

Defending Marriage: What Comes Next?

With another judge attacking marriage in California, the next question is where we go from here. Higher courts will review the decision, of course, but whatever they decide, you can be sure the legal challenges to state marriage definitions will keep coming. It’s difficult to see how true marriage and the will of the people can be secure without a constitutional amendment of some sort, whether it’s an outright national definition of marriage or a man-woman union or simply language revoking the judiciary’s right to address the matter.

How plausible is either scenario? More so than you might think. According to the National Conference of State Legislatures, 41 states currently preserve marriage legislatively, and 30 have put it directly in their constitutions. So public support is already a good chunk of the way to the 38-state threshold that would be necessary to ratify an amendment to the Constitution, and an increased perception that the courts won’t let the people make their own decisions (which may be fueled not only by this, but also by the feds suing Arizona and potential copycats, as well as legal battles over individual healthcare mandates) could be enough to push them the rest of the way.

Ironically, the biggest wild card I see is the likelihood of the Republican establishment running away from the issue out of perceived political expediency. We can always count on the GOP to pull defeat from the jaws of victory…

Tyrannical Judicial Malpractice in California

A federal judge has ruled California’s Proposition 8, which maintains the definition of marriage as a man-woman union, unconstitutional. I have a post condemning the ruling slated to be published on NewsReal later today (UPDATED: here’s the link); in the meantime, National Review has some must-read analysis on the decision.

Ed Whelan on Judge Vaughn Walker’s bias:

From the outset, Walker’s entire course of conduct in the anti-Prop 8 case has reflected a manifest design to turn the lawsuit into a high-profile, culture-transforming, history-making, Scopes-style show trial of Prop 8’s sponsors. Consider his series of controversial — and, in many instances, unprecedented — decisions:

Take, for example, Walker’s resort to procedural shenanigans and outright illegality in support of his fervent desire to broadcast the trial, in utter disregard of (if not affirmatively welcoming) the harassment and abuse that pro–Prop 8 witnesses would reasonably anticipate. Walker’s decision was ultimately blocked by an extraordinary (and fully warranted) stay order by the Supreme Court in an opinion that was plainly a stinging rebuke of Walker’s lack of impartiality.

Take Walker’s failure to decide the case, one way or the other (as other courts have done in similar cases), as a matter of law and his concocting of supposed factual issues to be decided at trial. 
Take the incredibly intrusive discovery, grossly underprotective of First Amendment associational rights, that Walker authorized into the internal communications of the Prop 8 sponsors — a ruling overturned, in part, by an extraordinary writ of mandamus issued by a Ninth Circuit panel consisting entirely of Clinton appointees.

Take Walker’s insane and unworkable inquiry into the subjective motivations of the more than 7 million Californians who voted in support of Prop 8.  

The NRO Editors:

What Walker did not prepare us for is the jaw-dropping experience of reading his sophomorically reasoned opinion. Of the 135 pages of the opinion proper, only the last 27 contain anything resembling a legal argument, while the rest is about equally divided between a summary of the trial proceedings and the judge’s “findings of fact.” The conclusions of law seem but an afterthought — conclusory, almost casually thin, raising more questions than they answer. On what grounds does Judge Walker hold that the considered moral judgment of the whole history of human civilization — that only men and women are capable of marrying each other — is nothing but a “private moral view” that provides no conceivable “rational basis” for legislation? Who can tell? Judge Walker’s smearing of the majority of Californians as irrational bigots blindly clinging to mere tradition suggests that he has run out of arguments and has nothing left but his reflexes.

But the deeper game Judge Walker is playing unfolds in those many pages of “fact finding” that make up the large middle of his ruling. There, through highly prejudicial language that bears little relation to any fact, the judge has smuggled in his own moral sentiments — in precisely the part of his opinion that would normally be owed a large measure of deference in the appellate courts. To take one example: It is hardly an incontrovertible fact that “Proposition 8 places the force of law behind stigmas against gays and lesbians.”  But there it is, as finding No. 58. With “facts” like these, and appellate judges disinclined to question them, Judge Walker plainly hopes to propel this case toward a gay-marriage victory, regardless of how transparently weak his legal conclusions are. 

Now Is Not the Time for Truces

Possible GOP 2012 candidate Mitch Daniels thinks we need a “truce” on social issues:

“We’re going to just have to agree to get along for a little while,” by casting social issues like abortion aside so the next president can focus on fixing the beleaguered economy.

Expecting a backlash if the remarks weren’t explained further, Weekly Standard reporter John McCormack followed up with the governor. He asked Daniels if his remarks meant the next president shouldn’t try to stop the abortion funding in the Obama health care law or put the Mexico City Policy back in place to stop international abortion funding.

Daniels said the United States faces a “genuine national emergency” concerning the economy, budget and national debt and that “maybe these things could be set aside for a while.”

“But this doesn’t mean anybody abandons their position at all. Everybody just stands down for a little while, while we try to save the republic,” the governor added.

Daniels replied, “I don’t know,” when asked if he would issue the executive order every pro-life president has done by instituting the Mexico City Policy Obama revoked.

Given how little our national leaders actually do to end abortion or preserve marriage once they get into office, Daniels’s proposal sounds less like a game plan for “saving the republic” and more like a lazy excuse to not talk about issues he doesn’t feel like discussing.

Joseph Lawler rightly notes that Daniels’s cowardice on the Mexico City policy isn’t a truce, but unconditional surrender.  And so, the Republican march of mediocrity continues…

Why Do People Pay Andrew Sullivan to Talk, Again?

Andrew Sullivan, leading contender for Most Deranged Blogger in America, has apparently decided conspiracy-mongering over the sex lives of conservative women wasn’t interesting enough, so now he’s taken it upon himself to uncover the truth behind rumors that Obama Supreme Court nominee Elena Kagan might be a lesbian, and what the White House’s reaction to the rumors means for the struggle for gay rights:

Apparently unsatisfied with what seemed to be a clear denial from the White House that Kagan was gay, Sullivan asked, “Is Obama actually going to use a Supreme Court nominee to advance the cause of the closet (as well as kill any court imposition of marriage equality)? And can we have a clear, factual statement as to the truth?”

But they did give a clear, factual statement. And Sullivan’s Atlantic colleague Marc Ambinder has reported that close friends of Kagan say she’s straight; Ambinder tells The Daily Beast he has since received a similarly definitive answer from White House officials. Sullivan offers no new evidence to suggest the White House answer is wrong. In his first post on the issue, Sullivan wrote that further questions are fair game because “we have been told by many that she is gay”—without ever disclosing who the “many” might be and whether or not they are credible sources.”

When pressed, Serious Andrew’s line changes to:

Sullivan said that as a blogger, “my job is to think out loud. It is not my job to report stories.” As for information on Kagan’s orientation, “one need have no ‘evidence’ beside the fact that she is single and seems to be lacking in any emotional or relationship history to ask a question not about her private life but about her public identity.”

But Todd Gitlin, a professor of journalism at Columbia University, told The Daily Beast that Sullivan’s failure to provide any clear evidence that Kagan’s sexuality was in question raised major ethical concerns by pushing unsourced rumors into the mainstream press.

“It’s slimy locution here in that he writes ‘We have been told by many that she is gay,'” Gitlin said. “And what would constitute evidence? If someone shows up and says ‘I slept with Elena Kagan when we were in college,’ so what? I see nothing but slime down the slippery slope because accusers are a dime a dozen.”

Sullivan’s response?

“Gitlin’s remarks are so baldly homophobic, I’m a little taken aback.” (Gitlin stressed that rumors surrounding Kagan should not be viewed as a negative if true.)

“Since when is it ‘slime’ to ask someone a simple positive question about his or her orientation?” Sullivan added. “Since when is asking someone about her orientation an ‘accusation’? Is being gay something one is ‘accused’ of? And Gitlin’s blanket assumption that being gay means who you ‘sleep with’ is reductionist bigotry. Being gay is a core part of someone’s emotional identity and personal biography.”

Valiant though Greg Gutfeld’s above attempt may be, it’s no longer possible to truly parody Andrew Sullivan.  The man does it himself.

I don’t much care whether or not Kagan is gay; I care about the fact that, as a leftist, she’d be the antithesis of everything a good justice should be.

Attention Righty Bloggers: Time to Edit Your Blogrolls

It’ll come as little surprise that John Doe of Smash Mouth Politics ain’t exactly the sharpest knife in the rack.  But, it turns out, he’s also a lying demagogue.  Nobody who would equate same-sex marriage support with PEDOPHILIA deserves the respect of anybody who claims to be a conservative or a Christian.  The crap he spews is neither.

UPDATE: A new standard in discourse: “do you wear a skirt when you whine like that?” Truly, my friends, we are witnessing a master of his craft at work.  Never before has such compelling logic and piercing insight been so succinctly packaged in such clarity!

Stay classy.

An Open Letter to the Family Research Council

To Whom It May Concern,

I have always been an admirer of the Family Research Council’s work in support of the right to life, true marriage, religious liberty, and other traditional American values.  For years, I have also worked towards those goals in my community and on my weblog.  I fought fiercely for Wisconsin’s Marriage Protection Amendment in 2006.  Like most conservatives, I have often been slandered as a bigot because I oppose same-sex marriage, civil unions, and gay adoption.

I say this so that, when I express how shocked, offended and betrayed I felt upon seeing the conduct of one of your spokesmen recently, you understand my full meaning.

FRC Senior Fellow for Policy Studies Peter Sprigg recently appeared on MSNBC to discuss the issue of gay soldiers serving openly in the US military with Chris Matthews.  The segment ended with the following exchange:

MATTHEWS: Do you think we should outlaw gay behavior?

SPRIGG: Well, I – I think certainly it’s defensible.

MATTHEWS: I’m just asking you, should we outlaw gay behavior?

SPRIGG: I think the Supreme Court decision in Lawrence v. Texas, which overturned the sodomy laws in this country, was wrongly decided.  I think there would be a place for criminal sanctions against homosexual behavior.

MATTHEWS: So we should outlaw gay behavior.

SPRIGG: Uh, yes.

When I saw the headlines announcing, “Family Research Council Spokesman Advocates Criminalizing Homosexuality,” I was certain they had to be lies, more out-of-context distortions of honorable conservative beliefs.  But for once, the Left appears to be correct.

Both as a matter of moral principle and of political common sense, Mr. Sprigg’s comments are indefensible.  Our Founding Fathers clearly wanted American to be guided by a firm sense of morality, and believed that Judeo-Christian religious values were essential to the continued survival of a republic.  But they also established the principle of limited government, authorized only to do a certain number of things and dedicated to preserving individual liberty.

The question of whether society should formally endorse homosexual behavior via civil marriage is fundamentally different from the question of whether or not homosexuals are human beings equally entitled to life, liberty, and the pursuit of happiness, or whether or not it is just for any level of government to criminalize sexual activity between consenting adults.  Indeed, one can even recognize that Lawrence was an instance of judicial overreach without supporting the merits of the statute in dispute.

As a Christian, an American, and a conservative, I am appalled that it would ever cross any of my leaders’ minds to advocate such an un-American policy as criminalizing gay behavior.  Not only would such beliefs constitute genuine persecution of American citizens, but they would set the stage for a dangerous expansion of governmental power over individual liberty.

Regarding political common sense, it is baffling to me that, given the Left’s long-standing history of demonizing believers in traditional values, a prominent, experienced conservative spokesman such as Mr. Sprigg would not instantly recognize Matthews’ question as a trap and know enough not to take the bait.  Liberals and gay activists have wasted no time in seizing upon his comments not just to condemn Peter Sprigg, but to condemn all of us.  It is bad enough that defenders of true marriage routinely have to deal with false charges of bigotry and extremism; the last thing any of us needs is a true one.

Naturally, I would appreciate an explanation from Mr. Sprigg as to just what he meant, if he misspoke, but his comments seem clear enough that I have a hard time imagining that he did not understand the question, or that he meant something other than what he said.  Mr. Sprigg’s reckless and un-conservative remarks have harmed the battle for true marriage, and they threaten to tarnish all of the good work the Family Research Council has done in the past, and will continue to do in the future.  It pains me to say it, but I see only one way for the FRC to preserve—and, indeed, to deserve—its credibility: Peter Sprigg should be relieved of his duties with the organization, effective immediately.  Thank you for your time.

Calvin Freiburger

(Update: cross-posted at NewsReal.)

Please Don’t Make Me Illegal!

Our old friend Jay Morris was never the sharpest knife in the rack, but his latest “Stupid Things People Say about Gays”…well, it redefines stupid.  It’s hard to take seriously someone who shows no concern whatsoever for hatred in the name of one’s own cause, and his rhetoric about making people illegal betrays either a lack of the most rudimentary understanding of individual rights, constitutional theory, or marriage policy, or (more likely) the fact that he’s apt to simply disregard reality and honest discourse for propaganda purposes.  After all, “Give me joint fishing licenses or give me death!” isn’t much of a rallying cry…

*snort* Sure, Jay.  You’re gonna *chuckle* “fight tooth and nail to prevent laws against [my] pursuit of happiness.”  ‘Cuz you’re such an objective, principled guy…