Wednesday, July 12, 2006

Been There, Done That

Wednesday's Globe story on the pending Massachusetts legislative battle over same-sex marriage reports:

For advocates of same-sex marriage, a delay could be beneficial: The more time that goes by, they believe, the more accepting the public and legislators will be of gay marriage, which became legal in May 2004.

Identically faulty reasoning was articulated 30+ years ago concerning the 1973 imposition of liberal abortion law by the judiciary in Roe v. Wade. ‘Over time, people will get used to it and the furor will die down. It’s only the Catholic Church that’s providing organized opposition. Protestant churches don’t really care. In 5 years this will not be an issue.’

Those sentiments were common among feminists and progressives in the immediate post-Roe years – a time before the ‘religious right’ existed (and whose growing strength since then is not an unrelated coincidence). Yet our progressive representatives and lobbyists seem set on repeating the same fundamental mistake; acquiescing to judicial disenfranchisement and allowing that disenfranchisement to fuel voter anger as once again centuries worth of law and practice are simply discarded, not by the legislature but by the courts.

It hasn’t work for ‘abortion rights’ or for supporters of liberal abortion laws. It won’t work for same-sex marriage, for the same reason.

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