When Getting What You Want is the Most Important Thing

Then you will be pleased with the result regardless of how it is achieved. Gay Patriot seems very pleased with the recent California Supreme Court ruling overturning California law regarding what makes a marriage – and seems doubly pleased by this article noting that, ultimately, it has been Republicans who appointed the Justice who made it all possible. But there is this part of the article which is very disturbing for anyone who claims any sort of conservative world view, as Gay Patriot does – and so I hope I’ve misinterpreted Gay Patriot’s views, but here goes:

Schwarzenegger probably understood well the political culture of the judicial appointments when he vetoed gay-marriage bills in 2005 and 2007. “Schwarzenegger obviously sat down and thought it through,” says Darry Sragow, a Democratic political strategist. “[The vetoes] may have been a clever way to get around his party.”

Schwarzenegger has consistently stuck to one political line: He would never sign a gay-marriage bill that would overturn the voters’ will on Proposition 22, which defines marriage as a formal union between one man and one woman, and he would abide by the courts’ rulings if that ballot measure were found unconstitutional. State Democrats still attempted to force his hand, but Schwarzenegger refused to be outmaneuvered.

“I was certainly disappointed [in 2007],” says Assemblyman Mark Leno, who twice introduced the same-sex-marriage bill. “Here was a historic chance to embrace equality, and the governor failed us a second time.”

By 2007, though, it was becoming clear that gay-marriage lawsuits would almost certainly be headed for the California State Supreme Court. Schwarzenegger, who could not be reached for comment, may have waited for things to play out in the state’s highest court, as Darry Sragow suggests, knowing that at least a majority of the judges were social moderates with an old-fashioned Republican/libertarian streak — the kind of mindset that believes government should stay out of people’s pocketbooks and bedrooms.

According to Republican strategist Arnold Steinberg, this scenario isn’t all that hard to believe. “Schwarzenegger was always a closet (no pun intended) supporter of gay marriage,” writes Steinberg in an e-mail to the Weekly. “So he was probably happy to have an excuse to at least stay neutral, or, now, to actually oppose the November ballot measure.”

On the day of the Supreme Court’s ruling, Schwarzenegger released this statement: “I respect the court’s decision and as governor, I will uphold its ruling. Also, as I have said in the past, I will not support an amendment to the constitution that would overturn this state Supreme Court ruling.”

What respect I had for Schwarzenegger is completely gone, if this is the actual scenario (and it does ring true). If you think that gay marriage should be legal, you should just come right out and say that – to do a political dance about it with a mind towards allowing un-elected judges to get you off the political hook is cowardice…and, also, destructive of our form of government. And that is what is so disturbing about someone as smart as Gay Patriot being pleased here…I can understand a person being happy his side won, but it should be kept in mind that what the Courth hath given, the Court may taketh away…meaning that if one Justice is later replaced by someone of a different view, then a new case on this issue could result in an exactly opposite ruling. No, the only sure way to enshrine something in American law is to go through the proper, constitutional procedures for modifying the law…to have four judges decide for everyone else is to trust tyranny to give you what you can’t get from the people. I’d rather trust the people, thanks very much.

This now will go before the people, and the gay marriage advocates are quite certain of defeating the ballot initiative to overturn this judicial usurpation – and they may be right. California is a pretty liberal State…on the other hand, I also know plenty of otherwise liberal people who are opposed to gay marriage. Call it what you will, but there seems to be an inherent distrust amongst the people for the very concept of two people of the same sex getting married. If, as I expect, the ballot initiative wins, then where will the advocates of gay marriage in California be? Behind the 8 ball – having to not just argue their case, but also go through the very long and difficult process of first repealing this initiative before they can get anything else done. The ‘hip hip hooray’ of May is foolhardy – and I do believe that the underlying conservative impulse of the American majority – even in California – is going to smack this down quite hard.

In the end, one either believes in America and its way of life, or one doesn’t – if one believes, then one has to accept the whole kit and kaboodle, including especially those parts least liked. To me, gay marriage is an absurdity – a pure negation of what marriage is for (it isn’t for love, dear people; neither is it for tax breaks…love and tax breaks are benefits of marriage, not the reasons for having it). I’ll fight against it – but I’ll also lay down a marker: just as soon as gay marriage advocates start advocating a ban on no-fault divorce, then I’ll start considering a modification of my position towards theirs. My brief, you see, is to strengthen marriage and family…and if I can get a bit of that by graciously giving in to an odd request or two, I’ll do it. On the other hand, I know I’m quite safe here…because gay rights people, for the most part, are of the left and thus will never, ever contemplate any action which actually makes people live up to their promise.

Meanwhile, those advocates of gay marriage who care at all about America should be outraged by this judicial usurpation – they can, of course, in good conscience fight against the November initiative to overturn, but they should also be demanding that the Court reverse itself, and leave it to the people to decide when the current California laws regarding marriage should be modified, and how.

UPDATE: Apology is due – Gay Patriot let me know that his view is in opposition to the judicial usurpation:

Mark — you actually did misrepresent my view of the California decision. Both myself and my co-blogger (CA resident, Dan) oppose judicial fiat against the will of the people.

I only posted the article you referenced as a way to piss off the liberal gays who constantly trash Republicans and label them as “bigots” because they oppose marriage.

I am delighted that I’m an idiot vis a vis Gay Patriot’s position – I’ve long respected him as a fellow American, blogger, thinker and conservative. I offer my heartfelt and complete apology, and my promise in future to get off the lazy duff and actually ask for clarification before I jump to conclusions.