osewalrus (osewalrus) wrote,

Milder NJ Afterthoughts

Good article in the New Republic suggesting why Lewis v. Harris will not prompt the same kind of backlash as Goodridge. http://www.tnr.com/doc.mhtml?i=w061023&s=clarke102606

Also, a quick flip through the decision shows that it is on sound legal ground. None of the pious crap and misapplied rational basis nonesense from the Goodridge Court that I found so infuriating. The majority here proceeds quite logically under an equal protection analysis, determines that NJ has made sexual orientation a protected class for purposes of state equal protection, and takes it to a logical conclusion.
(Although I do think the court missed a third option. The state legislature could abolish heterosexual marriage and have "civil union" for everyone. Much tidier IMO, actually, but I recognize it is a political non-starter.)

I am still annoyed that so much emphasis is put on the courts and no where do I see any effort to get pro-gay marriage initiatives on the ballot or in most state legislatures. A recent Time Magazine poll shows considerable support in NJ and in most other states for gay marriage. No one has explained to me this aversion on the part of pro-gay marriage proponents for democratic processes.

I mean good grief, most of these states have passed laws prohibitting discrimination. Instead, the movement has ceded the legislative field to the opposition in the hopes of getting a free judicial shortcut.

A movement too lazy to advocate for itself deserves to lose. I'm sorry. Stop pissing and moaning about how awful judges in NY are and get a pro-gay marriage initiative on the NY ballot in 2008. And, if necessary, again in 2010, and again in 2012. The civil rights movement wasn't just Brown or Loving v Virginia. If everyone who complains that NJ is bad because it is "separate but equal" would invest even one tenth of the time, blood, sweat and tears that civil rights activists put into overturning segregation in this country into lobbying the NJ state legislature for "marriage" rather than "civil union," then you'd win in a heart beat. But nooooooo...... it's all "whine whine whine, the court is making us do the democracy thing and work for our cause instead of just handing it to us."

Ah well. Back to real work.

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