gay marriage

Some 2016 Candidate Responses to the Marriage Ruling are Absurd, Even for Conservatives

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Not a single Republican candidate for president in 2016 agrees with the Supreme Court ruling overturning state laws barring same-sex couples from marriage rights. That much is unsurprising, with the reactions ranging from “That’s terrible, but it’s the law now” to “WHARGARRBL THE END IS NIGH” to the (sort of?) refreshing “Fine, but let’s depoliticize marriage.” But some have gone even further, calling for everything from judicial term limits to defunding the Court. These kind of reactions are absurd, anathema to conservatism, and should disqualify their proponents from serious consideration for their party’s nomination.

Lasting Effects of the Supreme Court’s Prop 8 Decision

Stephanie Rugolo is the editor of The Rugolo Report and holds an M.A. from the Maxwell School of Syracuse University.

A strange thing happened in the Supreme Court’s recentHollingsworth v. Perry decision. Even though this case focused on California’s Proposition 8 that banned gay marriage, the court was split, with both liberals and conservatives comprising the majority and dissenting parties. It turns out that the rationale by which the Court’s majority decided the Hollingsworth case led to the justices’ scrambled ideological divisions. The Court’s reason for striking down Prop 8 limits civilians’ ability to legally defend initiatives, a disturbing limit to democratic liberties.

Proposition 8 was a citizens’ initiative passed in 2008 elections. A citizens’ initiative is unlike most laws passed by elected legislatures. Instead, these laws are initiatives of the citizens—that is, they are the result of independent citizens gaining enough signatures to get a proposed law on the ballot.

When gay couples brought a suit against Prop 8 that found the law unconstitutional, the State of California had no intention of appealing the decision. After all, neither the former nor current Californian administrations passed it in the first place, as it was a citizens’ initiative. Consequently, individual proponents of Prop 8 volunteered to appeal the decision in court. That raised questions of standing—whether Prop 8 supporters had a tangible stake in the case and thus a right to appeal. The Ninth Court found they did have standing before finding Prop 8 unconstitutional.

Victims or Visionaries?: Right Needs to Seize Upon Big Issues

Over at R Street, Andrew Moylan makes a fascinating comment regarding President Obama’s recent speech on climate change and his plan to reduce carbon emissions. To wit: doesn’t matter much what your personal opinion is on carbon emissions and their relationship (or lack of relationship) to the already-defined-as-fact (accurately or not) science of climate change, the issue will be addressed by the federal government:

Moylan concluded by saying, “Regardless of one’s views on climate change, the simple reality is that federal policy is going to address the matter. That can happen through ill-advised regulations, like those proposed by the President today, or it can happen through a vibrant market with clear price signals attached to all fuels. Conservatives should seize the opportunity to once again emphasize the superiority of free markets over central planning.”

On climate change and the President’s plan specifically, it’s hard to accept something that will cost the country hundreds of thousands of lost jobs and $1.47 trillion of lost national income by 2030, according to a report by the Heritage Foundation. And, to Moylan’s point, it’s a situation conservatives, libertarians, and those who lean center-right on economic issues should begin to get in front of by doing the work of presenting their own plans to address something people are convinced needs addressing.

The Constitutional Case for Same-Sex Marriage

As the Supreme Court will hear oral arguments this week on both Hollingsworth v. Perry - the challenge to California’s Proposition 8, which banned gay marriage in the state - and U.S. v. Windsor - the challenge to the 1996 Defense of Marriage Act (DOMA), which recognized marriage at the federal level as between a man and a woman – state and federal laws effecting marriage equality face their first legal confrontation with the Judicial Branch. Herein I make the constitutional case for marriage equality that respects both individual and religious liberties.

Last week, Senator Rand Paul proposed removing federal recognition of marriage - for everyone – telling Bob Costa at the National Review:

Religious doctrine is NOT a basis for law

Despite having no faith of my own, I am fine with those who do.  If you want to live your life according to the teachings of a holy book or religious leader, I’m fine as long as you cause me no harm. I honestly could not care less if you believe in no god or twenty, given none of those gods are telling you to hurt people. But it is a different issue entirely when you try to suggest that our laws should reflect the doctrines of your particular church.

The conservative argument against marriage equality has long been couched in talk about “harm to children” and “destroying traditional marriage”, but in reality it has always been based on a simple idea - my religion doesn’t approve of homosexuality, therefore our laws cannot condone it.  As it has become more and more apparent that same-sex marriage causes no harm whatsoever, anti-equality forces have gotten more desperate.

Take this post at the Heritage Foundation’s Foundry blog.  Ostensibly about a new marriage equality law in Illinois, the author mentions the actual law only in passing before launching in a defense of marriage buttressed only by the words of a Catholic priest (who, incidentally, had some interesting things to say when a gay pride parade was moved to pass by his church).  Does this priest have any special knowledge on the subject of marriage?  It doesn’t appear so.  His expertise clearly lies in one thing - the teachings and doctrine of his church.

Can the GOP ignore social conservatives?

For years it has been conventional wisdom that the GOP needs the votes of social conservatives to win elections.  Defined loosely, a “social conservative” is someone who has very traditional, restrictionist views on so-called “social issues” like abortion and same-sex marriage.  These voters are mostly white and evangelical Christians.  They support strong restrictions on abortion and oppose any recognition of gay couples.  In short, they are basically anti-libertarians.  As such, the moderate wing of the party has always them as a necessary but disliked coalition partner.

In recent years, though, the tide has started to turn against this strategy.  The portion of the electorate that votes strictly on social issues is shrinking.  Attitudes are changing on gay rights and, while the country tends to lean pro-life, it’s fairly clear that most voters are repulsed by the extreme views held by some pro-life polticians.  It’s clear, then, that the GOP can’t rely on anti-gay rhetoric and severe positions on abortion to win.

The call, then, naturally is coming from those who never even liked social conservatives to push this portion of the voting population to the wayside.  Some, like my colleague Jeremy Kolassa, argue that the GOP should entirely ignore social conservatives.  The thinking goes that moderating on abortion and gay rights will gather enough new votes to make it possible to live without hardline social cons.

The Election, Mitt Romney, and the Future of the Republican Party

It’s election day. We’re finally here. This grueling, seemingly non-stop campaign ends today. President Barack Obama made his last campaign stops yesterday. Mitt Romney hopes to pickup what undecided voters remain during visits to Ohio and Pennsylvania today.

Despite public polls showing a close race in swing states, though Obama has a slight advantage, Romney’s campaign says that their internal polls show him leading in Ohio and tied in Pennsylvania and Wisconsin. Writing at National Review yesterday, Jim Geraghty saw reason to hope that Romney will pull off a win tonight. And Aaron Blake surmised that the early voting numbers suggest that the race will be tight. However, Blake points out that “[i]n basically every state, Democrats’ early vote edge is between four and eight points less than it was in 2008.” That could mean trouble for Obama, especially in Colorado, Iowa, and Pennsylvania.

Who I Support For President?

Vote No One 2012Election Day is November 6 and I need to decide who I’m going to support for president.

There’s the incumbent, Barack Obama. Should I give him four more years? However, the problem is, I don’t approve of the four years he has already served. His signature law is Obamacare which is a tax increase on the middle class and the government takeover of our healthcare system. Nor do I approve of his administration continuing to enact budgets that increase the national debt by $1 trillion every year he has been office. I also do not approve of his administration’s foreign policy which is an incoherent continuation of the Bush foreign policy.

I do not approve of this administration’s social policy which appears to support a nanny state to combat everything from obesity to bullying, nor am I impressed with his very recent, election change of heart on gay marriage. I am also opposed to the continued funding of Planned Parenthood, the crack down on medical marijuana in states where it is legal, and the nationalization/federalization of just about everything. I definitely will not support Barack Obama’s reelection.

Despite economic struggles, Democrats place emphasis on social issues

DNC debt cartoon

Over the last couple of years, libertarians have complained about the emphasis conservatives, particularly the Rick Santorums and Mike Huckabees their movement, have placed on social issues. We’ve noted that conservatives should focus their message on issues where they can attract agreement — such as repealing ObamaCare, lessening regulation on businesses, cutting spending, and reducing taxes.

While I support same-sex marriage and have grown increasingly pro-choice within reason, the Republican National Convention was a largely a breath of fresh air from this perspective . That’s not to say that I agree with everything said on the budget, economy or foreign policy, but the discussion of social issues was relatively mild with Republicans choosing instead to place a heavy focus on the economic record of President Barack Obama.

But watching the Democratic National Convention off-and-on for a couple of days, one can’t help but notice the heavy emphasis on social issues. There is certainly a discussion and defense of President Obama’s economic record, but abortion, same-sex marriage, and labor unions been featured heavily.

Of course, this is really isn’t surprising. Democrats have tried to change the narrative at several points since the beginning of the year; usually by complaining that there is some supposed “war” being waged against a segment of the American public.

Chick-Fil-A comes under fire for anti-gay marriage position

Chick-Fil-A

On Sunday, my wife and I went to see Refused, a Swedish hardcore band that just recently got back together after 14 years. I’m not going to be a hipster about it, so I’ll admit that I didn’t get into them until around 2000, a couple of years after the split up, after seeing the video for “New Noise.” After listening to their last record, The Shape of Punk to Come (1998, Burning Heart Records), I realized that they were very anti-capitalist, going so far as to call it a “crime.”

So while I was at the show, I wasn’t surprised to hear Dennis Lyxzén, the band’s frontman, mention their views, even though it was incredibly brief. We paid around $70 for our two tickets, another $50 for two t-shirts, and walked into the show with a full awareness of what to expect. In fact, these viewpoints are common in the style of music to which I listen. Bands like Propaghandi, NOFX, and a slew of others all express an anti-capitalist point of view, whether it’s in their lyrics or activism. As a believer in free markets, I just happen to strongly disagree.

The same could be said of Chick-Fil-A. The Atlanta-based restaurant chain has once again come under fire over its stance on a hotly debated social issue. In an interview for the Baptist Press, Dan Cathy, President of Chick-Fil-A, expressed his company’s opposition to same-sex marriage:

In a departure from previous comments, Chick-fil-A president Dan Cathy told a Baptist website that the Atlanta-based company is “guilty as charged” in its support of traditional marriage.


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