How to Revive Prop. 8? Do It Again

Martin Knight at RedState suggests that marriage defenders in California not put too much faith in the judicial appeal process to save Proposition 8, and advises a different course of action:

My recommendation, unless otherwise prevented by the California Constitution is for marriage proponents to mount up another campaign to get another Amendment proposition on the ballot as soon as possible before Perry v. Schwarzenegger makes its way to the Supreme Court.

This time, they should word the Amendment specifically to address Judge Walker’s “findings of fact.” Most especially his “finding of fact” that basically declares that children have no bearing on the institution of marriage.

As I’ve maintained over and over on RedState, the only way a court can mandate a states to recognize same-sex marriages is by discounting the central role children play as the raison d’etre of institution i.e. to tie a man to his offspring and their mother to provide the most stable and sustaining environment in which to raise them. The fact is that the decoupling of procreation with marriage within many inner city communities is perhaps the primary cause of the devastation one finds there.

Ultimately though, once the role of children is discounted, there is simply no valid reason why any state would refuse an incestuous couple i.e. brother-sister, mother-son, father-daughter, father-son, sister-sister, mother-daughter, etc. who are both consenting adults a marriage license.

I therefore recommend marriage proponents in California quickly get another Proposition on the ballot and this time make sure to add the provision against incest, and an explicit whereas statement […] I submit that it would be one hell of a task for any judge to claim that children are irrelevant to marriage so gays should be allowed to marry while siblings should not be allowed to marry because their children could have genetic abnormalities.

Another twist of the Gordian Knot would be that the judge would be forced by necessity to address the issue of same-sex siblings who want to marry. They cannot have children so there is no reason to deny them a marriage license – which incidentally would bump up against the 14th Amendment.

Good idea. Regardless of how right he is on the details, conservatives should absolutely know better than to put all their hopes in a single strategy. We have to fight this on multiple fronts: judicial, constitutionally in California, and yes, constitutionally at the federal level.

Around the Web

At NewsReal, David Swindle asks the disaster-in-chief a darn good question about Islam.

Fox News’s usually-apolitical Dr. Manny Alvarez calls out Dingy Harry on Democrat racial profiling.

More on Prop. 8: Professor Nelson Lund has a good summary of the issue, while Father Roger Landry highlights Vaughn Walker’s ideology and the potential threat to religious liberty in his decision. And has Walker been buttering up Anthony Kennedy all along?

Did…did Connecticut Republicans really just choose the candidate from the WWE to run against a phony Vietnam vet when they had a real Vietnam vet to choose from? Why?

Another Palin hater isn’t quite what she appeared to be. (Hat tip: Ann Coulter)

Gee, what a surprise.

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?