Like you, I want to see California's Proposition 8 struck off the statute books. I want to see a constitutional challenge that erases it from history and ensures that never again will there be a law that denies equality to any American.
But I also don't want that victory to provide more ammunition to those who plan to attack our rights from another direction.
Many have suggested that in getting Proposition 8 passed, the bigots have won the battle, but will lose the war.
The question is -- which war will they lose? If you mean the war to oppress the rights of gays and lesbians to marry, then I think you're right -- I think the bigots will lose that war.
But we shouldn't forget there's another war the bigots are fighting, and in that war the inevitable overturning of Proposition 8 by the judiciary will play very nicely to their agenda.
Which war am I referring to? The war against our appointed judiciary. Watch and see: as soon as Proposition 8 is overturned, the bigots will rant that "unelected judges" have defied the will of the people.
Remember, these are the same "unelected judges" that gave us Brown v. Board of Education and Roe v. Wade. The same "unelected judges" that upheld the principle of Habeas Corpus in Guantanamo Bay. The bigots have been striving for two generations now to discredit the vital democratic role the judiciary plays in upholding the rule of law, the dispensing of dispassionate justice, and in protecting minorities from being tyrannized by the majority.
But the bigots would prefer the majority to have unhindered access to pass laws which oppress minorities, and then have those laws interpreted by majority-appointed judges. That is, judges whose jobs depend on giving verdicts of which the majority approves. The rule of law will be subordinated to the will of the majority. Of course, that is only one step up from mob rule, which would suit the bigots just fine.
What to do? First, we need to work hard to defeat Proposition 8. But we also need to ensure that a tactical victory over Prop 8 doesn't lead to a strategic blunder over the role of an independent judiciary.
So, be prepared. Be ready to counter-punch as soon as you hear the dog-whistle term "unelected judges". Get knowledgeable about how important it is to our democracy that there be judges whose first duty is to the rule of law, not opinion polls.
Finally, get ready to attack the tax-free status of any religious institution that attempts to meddle with the judiciary, the state, or your political processes.
Although I'm confident we'll win the war for the rights of gays and lesbians by and by; we must also prepare ourselves with strong deterrents against the next attack to come against our independent judiciary.