Thursday, June 27, 2013

Kvetch, Kvetch, Kvetch - Some Economic History of the Attack on Equal Protection

The rhetoric is understandable given the enormous investments in inequality.

Calling it "tyranny," "misguided" or "Satan's plan" changes nothing.
  • Proposition 8 has been nullified and;
  • Section 3 of DOMA has been invalidated as unconstitutional.
Not much bang for the buck. These people spent millions of dollars on Proposition 8. These same people funded Regnerus to come up with flawed (and frankly irrelevant) conclusions about gay couple parenting without actually researching gay couple parenting. They likely spent hundreds of thousands of dollars in legal fees to construct amicus briefs, many of which had overlapping sponsors. There were countless polemics and even a book (Anderson, George and Girgis) published to coincide with Supreme Court deliberations.

There was a planned and coordinated attack on equal protection under the law.

NOM was, in some ways, created as a coordinator of Proposition 8 in California and then Question 1 in Maine the following year. NOM's annual operating budget (including NOM Education Fund) has been as high as $12 million. How much have they spent over the last six years combined? Whatever the total, their two big victories have been reversed.

All that they have to show for all of the money is an amendment in a Bible Belt state (North Carolina).

Robert P. George
I see that the Three Amigos (Ryan Anderson, Robert George and Sherif Girgis) have taken to their favorite Opus Dei blog at Witherspoon Institute this morning. In addition to the usual adagio, they are calling for additional litigation on Proposition 8. It's hard to believe that people would be willing to throw good money after bad. It's even harder to believe that there is the slightest potential for success. Prop 8 is dead. California will resume same-sex marriages within 30 days.

Their angst reminds me of Birthers. They did not like an electoral result so they found another, albeit futile and dishonest, way to challenge it. Robby George, who is a central figure in all of the this, doesn't like a judicial result. He will undoubtedly commiserate with Archbishop Cordileone.

Salvatore Cordileone in everyday palace attire
From Rome, Cordileone has already weighed in with The "future of our democracy is very, very worrisome." Really? According to the archbishop:
Even if the court issued a ruling that we liked, we would still have a lot of work to do in helping our people understand what marriage really is, why marriage is important for the public good and why it's essentially an institution to support social justice, justice for the sake of children
And there you have it. It's already hard to encourage a marriage culture. Letting those queers get hitched makes it all the more difficult. Conservative Catholics should resent this bullshit as an insult to their intelligence.

For our part, it would seem that a challenge to Section 2 of DOMA would be successful on the same grounds as Section 3 was deemed unconstitutional. State challenges will surely start making their way through the courts. We need to know what President Obama plans to do by executive order. This is particularly important with respect to the IRS and Social Security Administration. We need to know what constitutes "legally married." What happens to a Virginian who legally marries in Maryland? In time these will all be answered while we press on.

One thing that I do know to a certainty is that we will never give up until LGBT citizens have full equality. Our donors fund proven success.
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