There has been much wailing and gnashing of teeth within conservative circles following Judge Vaughn Walker’s decision this past week to strike down California’s Proposition 8, which had amended the state constitution to define marriage as being solely between one man and one woman. Several of my fellow NewsReal bloggers have weighed in on this, followed by David Horowitz, who here takes a rational stance on the issue with which I essentially agree.
I’m not going to argue the merits of Judge Walker’s decision on Constitutional grounds, because in my view this is beside the point. From a strategic standpoint, I believe it is in the conservative movement’s best interest to now argue in favor of a federal law recognizing civil unions between same-sex partners which would explicitly confer all the rights that civil “marriage” currently does.
I make this argument on the following grounds:
1) It’s the right thing to do, if we conservatives wish to credibly claim intellectual honesty in our arguments for limited government and maximum freedom and personal responsibility.
2) This issue is a distraction from much more important issues of foreign policy, national security and economic freedom, on which we should be focusing most of our energy.
3) Federal recognition of gay civil unions is an inevitability as Generation Y and those following it gain increasing influence in the public sphere.
4) Strategically, it makes sense to get ON BOARD this train of inevitable societal acceptance and in the process, win over not only gays, but many of those David Swindle refers to as “counterculturalists” whose natural home is with us, but who now identify with the Left because we have done such a pathetic job of reaching out to them. Failing to do so, and worse, screaming about the “injustice” of it all and impending societal collapse following such acceptance and recognition simply gives our enemies on the Left ammunition to paint us (rightly or wrongly) as hypocrites at best, and at worst, Neanderthals or hysterical religious nut-cases.
Judge Andrew Napolitano stated Wednesday on Fox News that he predicts Judge Vaughn’s ruling will eventually be reviewed by the U.S. Supreme Court, which will affirm it in a 5-4 decision. Napolitano’s record of accuracy on such matters is quite good, but I maintain that whether or not his prediction is correct, it makes sense for conservatives to get in front of this issue and lead the way, rather than ultimately being viewed as having been on the wrong side of it all along. As scientific evidence mounts demonstrating (eventually, I believe, beyond argument) the fallacy of the idea that homosexual orientation is a “choice,” rather than a biologically-determined state of being, one more leg of the wobbly stool supporting arguments in favor of denying official recognition of same-sex relationships will be knocked out.