“The court is holding a legal gun to the head of the State Legislature, and saying, ‘Listen, there are two bullets, you get to pick the bullet: either gay marriage or civil unions,’ ” said Matt Daniels, president of Alliance for Marriage, an organization based in the Washington area that supports a federal Constitutional amendment banning same-sex marriage. “And that is not democracy. That is court-imposed policy-making that takes this out of the hands of the people.”
- New Jersey Court Backs Full Rights for Gay Couples, New York Times, October 25, 2006
Silly, silly, Matt Daniels. Why do these people continually forget that protection of the few is as much a part of democracy as rule by the many? He sees our government working and believes that it's broken. It's like seeing Iraq and believing that a war between factions or regions of the same country is not civil war.
As most big queers know by now, the New Jersey Supreme Court in a separate but equal decision has secured the rights and limited recognition of GLBT New Jersey-ite couples. In a stroke of smart political maneuvering, they've also managed to rule in a way that will inspire hope in Americans who believe in civil rights for queers, while de-fanging the ruling as an issue that will drive centrists to vote conservatively on November 7.
You did remember that you had to vote on November 7, didn't you? I know you did.
For some interesting further coverage on the separate but equal nature of the ruling, check out this article at the New Republic: Will New Jersey's Gay Marriage Ruling Cause a Backlash?
While I can imagine folks are upset by the Court's unwillingness to use the word marriage, I have to say that with members of the gay community in and of themselves ambivalent about same-sex unions - even disregarding the mixed feelings of the straight community - this wishy-washy, halfway there ruling seems to be the most democratic solution. It simultaneously leaves the decision of naming same-sex union institutions to our elected officials and secures the rights of the unprotected, committed couples.
Should cultural conservatives perceive it as a trick as Mr. Daniels does? Should Marriage Equality activists perceive it as a lack of commitment as I'm sure they will? I don't really care. All I know is that in a nation where no one seems entirely sure about what they're fighting for or against, this is the first time one of these decisions hasn't left me feeling abandoned by people in power or pressured by my peers to conform.