What we need are concrete and realistic ways to proceed in the wake of our defeat.
Proposition 8 was devastating. I shut my door this morning so my co-workers wouldn't see the tears streaming down my face as I read about the loss. I fervently wish there were a way to turn back time and change the outcome of the election, and I understand why people are focusing on the next-best thing: lawsuits to challenge the proposition.
The reality is that they don't have much of a chance of success.
The Court really stretched its neck out in May with the understanding that the final say on the issue would be the referendum in November. We lost, fair and square. Californians, as of now, oppose marriage equality. True, they did so with the LDS church whispering evil in their ears, but the LDS church will always be there, and its supply of evil could outlast the oceans.
The Court recognizes that. This proposition was a vicious rebuke to the Court's image and its legacy. They will not intervene again.
Yes, the lawsuits are worth a try, and I am glad the SF city attorney is trying one. But let's not hold out any false hope. The lawsuits are, in all likelihood, dead on arrival, and we need to focus our efforts on things that could make a difference.
Here is a list of things I came up with. They are each concrete and feasible, and it's to that sort of forward-looking agenda that we should apply ourselves.
- Lobbying the Obama administration to take a stand, and demonstrating that our dollars and our vote cannot be taken for granted. The latino vote is a perfect example of this principle in action. There is a reason that even the Bush administration tried to pass immigration reform. When you are a member of a sufficiently loud group that is clearly up for grabs, politicians pay attention. We are sufficiently loud; what we lack in numbers, we have in money, social connections, and dedication. The gay community is extremely bright, diffuse, and well-heeled relative to most other interest groups. I plan to re-register as an Independent soon. None of us should take a vote for either party for granted. My own position is that I will vote for Obama's reelection if and only if I see substantial effort from his administration to fight for us. At a minimum, I want to see a federal requirement that every state recognize out-of-state civil unions. If the Democrats don't come through, they won't get my vote. If Romney or Huckabee is the GOP nominee, I will vote for the Libertarian. If anyone else is the GOP nominee, the GOP will probably get my vote.
- Exploring opportunities to repeal the amendment in future California election cycles. It's crazy that a bare majority can amend the state constitution, but that cuts both ways. If we can shift 3% of the voters, we can potentially roll this thing back. If we target another high-turnout election where black voters aren't quite as motivated to get to the ballot box, our odds improve further. (I know this is an uncomfortable thought to entertain, but it is, unfortunately, realistic. Black voters in California voted for Prop 8 70% of the time according to the exit polls we have available.)
- Doing everything we can to familiarize others with us and with our cause. Something as simple as holding hands with your same-sex boyfriend or girlfriend in public can go a long way to opening people's eyes. Yes, sometimes you hear a slur, and trust me, when you do, it ruins your afternoon, but this is an incredibly powerful gesture that everyone in the gay community can make to further our cause. People have no problem voting against a minority they've never met. They're less likely to do so when they see the minority living in their own neighborhoods.
- Doing everything we can to familiarize others with the trenchant evil of the LDS church. We need to challenge its tax-exempt status. Perhaps we should explore a ballot initiative that any religious organization that implores its members to vote one way or the other on any election must pay property and state income tax. But more than that, we should really have a publicity campaign to expose the bigoted underbelly of the Mormon church. They fought the Equal Rights Amendment, they teach that black people are black because they have been punished by God with the Mark of Cain, they still will not allow women into their priesthood, etc. We should do everything we can to put the ex-mormon movement (which is VERY critical of the church) into the mainstream. Not only will this weaken their attempts to discredit us in the next fight, it will put them on the defensive and stretch their resources thin.
- Pushing for marriage equality in the promising states in the Northeast: New York, New Jersey, New Hampshire, and Vermont. Every step towards equality makes the remaining inequality look less reasonable.
- Publicly holding friends accountable for voting Yes on 8 or for not voting at all. Call people out in public. Try to make them suffer socially for their bigotry. The more shame we can associate with a bigoted vote, the closer we are to victory.
- Considering ad campaigns that are not directly related to an upcoming election. Industry groups do these all the time. Oil companies and nuclear power lobbying groups air commercials touting their earth-friendliness even when there is no impending vote. One of the problems with the No On 8 campaign is that voters still feel an "ick" factor when it comes to gay people, so our ads were hamstrung into talking about the issues abstractly rather than actually showing gay people with their families. If we can preemptively reverse that trend, if we can familiarize the population with what would be for a lot of people the surprising similarity between gay and straight families, then our next campaign could be much more effective. Perhaps it would already be won.
- Recognizing that after the theorizing must come concrete action. The above can all be done -- they are not lofty statements of ideals, they are recipes that can be followed. We need to tap our resources and our connections to make them happen. By all means, suggest your own ideas below. Please try to keep them concrete, innovative, and feasible.