I'm in Texas where I am also doing some volunteer work for one of the Democratic candidates. On the way to a volunteer event last night, I ran into a couple of young gay men. (I can't always tell, but these guys were really obvious, holding hands walking along a street in Houston, which is significant progress already.) When I offered them literature for my candidate, one accepted, the other said he was voting for McCain.
I'm a lawyer and could easily bore someone on the street or in these brief encounters about how perverse the so-called "conservatives" are when it comes to the right to privacy. Basically, they seem to think that we get our rights from the Constitution, not that the Constitution is there to protect the rights we have naturally. So-called "strict constructionists" pay no attention to the Ninth Amendment.
Anyway, as the race tightens in Texas, it is increasingly about electability if you are concerned about the U.S. Supreme Court. I am confident that if a Democrat is elected, John Paul Stevens will resign,
Ruth Bader Ginzburg will resign, and maybe even David Souter will resign, to be replaced by a President Obama or Clinton. If McCain wins, he likely replaces maybe all three of those and Scalia as well.
So how do you get this complex message out to gay and feminist voters?
Here's my one page draft that could be an effective flyer for either Democratic candidate in Texas:
Gay Rights are on the Ballot this November!
Just a few short years ago, the United States Supreme Court issued the landmark decision of Lawrence v. Texas, striking down this state’s anti-sodomy statute, Article 21.06 of the Criminal Code, a law that criminalized conduct only when done by gay men. It was right here in Houston that two men had been prosecuted for private consensual conduct between two adults.
The Lawrence decision was built explicitly on the right to privacy, the same right that the decision of Roe v. Wade is based on, recognizing a woman’s right to control her own body. And though the right to privacy has been recognized in constitutional law for decades, it is now under assault by the Republican party in a way that may end up destroying it forever.
John McCain has pledged to the right wing of the Republican party that he will appoint Supreme Court justices who oppose reproductive rights and do not recognize the right to privacy.
When a law such as the Texas anti-sodomy statute is declared to be unconstitutional, it does not disappear from the books. It is simply considered to be unenforceable. And when the right to privacy disappears, it will be enforceable again. In fact, it is possible that after a McCain appointment or two to the Supreme Court, we will see a "test case" prosecution of homosexual conduct before an "abortion" test case and the Court will overrule both Roe v. Wade and Lawrence v. Texas.
At least two Supreme Court justices are likely to resign during a McCain administration. Your privacy and your civil liberties are at stake particularly because John McCain as President will be constantly trying to prove how "conservative" he is. (Just why it’s considered "conservative" to allow government to intrude into private relationships is another matter.)
The polls and political pundits agree: [-----------] is the Democratic candidate the Republicans fear. Senator [--------] is a lawyer and a constitutional law expert. Senator [-------] will protect your privacy and rights by appointing judges who respect those rights. Go the following website for more information: