Unlike the Reporter’s distinguished clientele, Jay Morris’s response to my civil unions editorial manages to remain calm and address things I’ve actually written.  Still, our Harvey Milk fan’s attempts to show I am “disgruntled” and “didn’t really do any research” fall flat:

Unfortunately, Mr. Freiburger apparently has not reviewed what is required in Wisconsin to obtain a “marriage license,” including the facts that: (a) once applied for, the license only has a 6 day waiting period before being effective; and (b) that only one person need reside in Wisconsin for at least 30 days.  Thus, the “scant” requirement to obtain Domestic Partnership benefits in Wisconsin far exceeds the requirements to obtain a marriage license and more benefits than provided by the Domestic Partnership laws.

I fail to see the relevance here.  I’m not claiming these new civil unions are easier or harder to qualify for than civil marriage; I’m saying exactly what my original point sounded like: it will be easy to scam these civil unions.  Dane County Clerk Bob Ohlsen, while not predicting fraud, recently said, “even for those who already get benefits for their partner through their employer, there is a huge advantage to applying to the registry.”  You could say that people can scam civil marriage, too, but the reality is that it is much more common for non-romantically-involved people of the same sex to live together than those of opposite sexes.  In any event, I sincerely apologize to Mr. Morris for not devoting a larger share of my 600-word limit to a side issue.

Even when debates with liberals aren’t vicious and juvenile, they can carry a distinct air of surrealism—Mr. Morris strangely claims that my comments about “the so-called rights gay couples are allegedly denied” show that I “neglected to review Wisconsin law at all,” since the marriage amendment “includes a ban on any relationship between same-sex couples that is ‘similar to’ marriage.”  Perhaps our friend shouldn’t be so quick to cast stones over insufficient research, inasmuch as he apparently didn’t even read the piece he’s rebutting in full—in which I discuss the “2006 Marriage Protection Amendment, which prohibits the state from recognizing ‘a legal status identical or substantially similar to that of marriage for unmarried individuals.’”

Mr. Morris attempts to prove the amendment threatens gays by quoting Wisconsin’s former (disgraced) Attorney General Peg Lautenschlager.  What he doesn’t mention: after the election, the AG was singing a different tune from what she said as a Democrat candidate:

In one of her last official acts, outgoing Attorney General Peg Lautenschlager has declared that Wisconsin’s recently enacted constitutional ban on same-sex marriage does not prohibit public or private employers from providing domestic partner benefits.  In a six-page opinion released Wednesday, Lautenschlager also told Madison City Attorney Michael May that the constitutional amendment does not strike down anti-discrimination protections for domestic partners.  Lautenschlager wrote that “it can reasonably be inferred” from the language of the amendment “that neither the Legislature nor the people intended to invalidate domestic partnerships when they adopted this provision.”

Also intolerable to our friend is the fact that gay couples seeking to arrange benefits themselves via wills and power of attorney pay much more than the cost of a marriage license.  First, I still maintain that, while full replication of everything civil marriage offers may be impossible, gay couples still have access to far more than the gay lobby, such as the lying charlatans of Fair Wisconsin, would have you believe.

Second, I again reiterate my point that many of these benefits “were created to aid couples raising children on just one parent’s income, and are thus irrelevant to gay couples (as well as to dual-income straight couples).”  To be completely honest, I think it would be interesting to do a full review of civil marriage in America and reassess every benefit, and see which should be preserved, which should be changed to apply only to single-income couples or couples with children, and which should be done away with entirely.  So I hope you’ll excuse me for not feeling guilty for denying gay couples some provisions I don’t necessarily believe straight couples need either.

Third, as I’ve also said time and time again, it’s certainly possible to change laws and streamline processes for achieving these things in amendment-compatible ways.  A few years back, Focus on the Family’s Dr. James Dobson endorsed just such a measure in Colorado.  I note that Dobson hasn’t received much goodwill from the gay Left for his efforts.

Jay has one last complaint about my “so-called article” (what does that even mean?  Guess I spoke too soon about maturity…): “the rule of law is always up for debate – particularly when the law violates other laws, like equal protection clauses of the primary source, The United States Constitution.”

I’m still trying to decide whether or not this is a weak attempt to dodge my point, or if Jay is really this obtuse.  His so-called analysis (see how dumb that sounds?) appears to confuse “laws” with the principle of “the rule of law.”  The former means any given law on the books, be it a constitutional provision, act of a legislature, or duly-enacted referendum.  Of course these are “always up for debate;” I never suggested otherwise.  The latter is the principle that the process by which we make and change laws is something to be respected, that we (to quote myself again, since Jay apparently missed it the first time) “cannot pick and choose which of its provisions to enforce and which to violate, no matter what they may personally think about them.”  Don’t like a law?  Get it repealed.  But as an American, living under the protection of the United States Constitution and the Constitution of the State of Wisconsin, you have no moral right to simply ignore what it says.  That goes double for those in public office, like Governor Jim Doyle, who swear [PDF link] “to support the constitution of the United States and the constitution of the state of Wisconsin, and faithfully to discharge the duties of their respective offices to the best of their ability.”

No matter how much I despise abortion and wish to see it banned, I don’t want such a ban to come via the Supreme Court.  Because I respect and value the rule of law.

However draconian limitations on how close to Planned Parenthoods pro-lifers can protest may be, you won’t see me violate them.  Because I respect and value the rule of law.

Regardless of what I may think of any given tax—because I think it unjust, excessive, or I disapprove of the purpose for which it is raising funds—I would never dodge it.  Because I respect and value the rule of law.

Jay Morris gave it the good old college try, and delivered a response a cut above most of my critics.  But as we see, that’s still not saying much.