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CAVALA: Proposition 8 – why did it prevail?

towashington 089.gifBy Bill Cavala
A veteran of over 30 years in Sacramento

Do you support gay “marriage”? Both early polls and the final result tells us that California’s voters do not support gay marriage.

Why is that?

Is it antipathy to gays? To lifestyles associated with gays? Simple bigotry? Well, certainly there was some of that – perhaps even a great deal of that. But Californian’s also dislike discrimination by their government. And when the Prop 8 “title and summary” was rewritten by Attorney General Jerry Brown into language perceived by many voters as discriminatory, the polls showed it being narrowly defeated.

The subsequent campaign against Prop 8 has been roundly criticized by many. I, myself, wasn’t involved in the ‘no on 8’ decisions, so don’t know the context and choices faced by those that were. Clearly it made sense for the reason described above to depict it as discriminatory rather than as adverse to “gay rights”. More people oppose discrimination than support gay rights. Equally clearly, however, the attack by the ‘yes on 8’ forces that claimed it’s defeat would result in teaching gay things to California’s school children raised doubts by swinging the context back to “gay rights”. The ‘no’ side was slow to respond, and did so without focus or volume.

But those are the “trees”. The “forest” is the lack of consensus among voters on the institution of marriage. Organizations like the Roman Catholic Church don’t recognize “marriage” outside of Church rites. A Catholic marriage is performed by a priest in a Church. Church dogma precludes priests marrying gay couples. Mormon theology contemplates a complex afterlife reuniting ‘family’ members that makes marriage a central part of their orthodoxy. For these and other religious institutions, gay marriage – even as performed as a civil rite – involves government intrusion on central tenants.

Among the non-devout married in a civil ceremony, other issues remain. Married people are given different tax status by the government. One could argue that’s because couples make society more stable and the government has an interest in a stable society. But the truth is more simple: the tax treatment of married people (joint return) is but one of many subsidies for the children we assume they will produce. Gay couples can, of course, adopt children. But the inequity of childless couples (gay or straight) getting a tax break meant for children isn’t lost on voters when the issue of marriage becomes a matter of public decision.

With half the marriages in California ending in divorce, we should remember that voters learn about the legal aspects of marriage when they or someone close to them undergoes this procedure. Issues of custody are typically resolved in favor of the mother in the household. How would those precedents apply to gay couples with children?

All this is to say that our views of marriage differ, and that these differing views make the politics of gay marriage complex. I doubt, for example, that if all the laws on straight marriage were suddenly erased there would be a consensus to replace them as they are.

I write this because I see many progressives arguing that the key to overcoming the Prop 8 forces is by substituting Obama-like “grass roots” activity for “top down” paid advertisements on television. That’s a silly debate: both are techniques for providing voters with information. Rarely are they mutually exclusive in effect. Which is emphasized depends on a variety of things (resources, among others). But campaign techniques do NOT win elections.

Credible information that helps shape the context of choice and which responds to questions that voters – not supporters or opponents – think are relevant is the requirement for victory.

Bill Cavala was Deputy Director of the Assembly Speaker’s Office of Member Services where he worked for over 30 years. He attended undergraduate and graduate school in the 1960’s and received a doctorate in political science at UC Berkeley. He taught political science at UC Berkeley during the 1970's while he worked part-time for the State Assembly.

Cavala left teaching at UC Berkeley for Assembly Speaker Willie Brown in 1981 until his tenure as Speaker ended in 1995, and he has worked for his five successors as Speaker. He now manages election campaigns for Democratic candidates.

Posted on January 02, 2009

Comments

The grassroots/field emphasis makes sense if the "yes" vote was propelled by what gay activists call "the ick factor" -- an irrational repulsion from gay existence. We do actually meet it, so we think it is important. And tactically exposing folks to gay people can play a positive role insofar as that is what going on.

If the "yes" vote was a product of more generalized anxiety about the uncertainties surrounding contemporary marriage and "rights" -- in this I think you are likely correct -- then broader messaging might help. Mostly I think time is on the side of LGBT equality and will play itself out.

Posted by: janinsanfran at January 3, 2009 08:04 AM

What absolutely makes my frontal lobe throb is the manner in which liberal thinkers feel compelled to analyze the results of the Prop 8 experiment in terms of "What was it you didn't understand, because clearly you remain ignorant if we have not succeeded in having our way." What is it that you did not understand about "We do not want gay marriage in our state!"? You seem to feel that if the voting public does not agree with you, that we are somehow deficient in either the data presented or our ability to analytically process it. It's not that complicated. We simply said no. Twice. And it does not matter how you package it, or whether you feed it from "the top down" or the grass roots up, it is a matter of the majority of the voters in this state not wanting to sanction gay marriage. Hopefully, we have enough strength in our convictions to not allow ourselves to be reversed by a more crafty presentation. Please, stop this continual repackaging of issues that have been laid to rest.

Posted by: pattie at January 3, 2009 10:11 AM

Janinsanfran does not get what a "civil right" is. When some folks have them, pretty soon, everyone wants them.

Intelligence and fairness are on our side, which is why we keep on trying and will someday win. Misinformation (which Yes on 8 promulgated) will ultimately fail on a national scale.

The American Psychiatric Association has confirmed that sexual orientation is natural, biologically induced, morally neutral, immutable, neither contagious nor learned, and has no relation to an individuals ability to form deep and lasting relationships, to parent children, to work, or to contribute to society.

The American Academy of Pediatrics, the American Psychological Association, and the American Psychiatric Association have all endorsed civil marriage for same sex couples because marriage strengthens the mental and physical health and the longevity of couples, and provides greater legal and financial security for children, parents, and seniors.

When America's premier child and mental health associations and every one of their expert panels endorse marriage equality, there is no ethical reason to discriminate against gay people and their children.

We have to realize: 3% of every generation, of every culture, in every state, of every country will grow up and realize that they are gay.
The question that we need to ask ourselves is: what are we doing to make our world a safer and more welcoming place for ALL CHILDREN?

Posted by: Kate O'Hanlan, MD at January 4, 2009 10:08 AM

The ignorance or outright lies in this commentary are staggering. Obviously, the writer has never looked at the California 540 income tax form. Registered Domestic Partners are treated exactly like Married couples for income tax purposes.

In fact, Registered Domestic Partners are given every benefit and right granted by California to married couples.

In addition, there is nothing in California law or the Constitution that denies a Gay person the right to marry! A Gay's complaint, "But I don't want to marry as marriage is defined" is neither discriminatory nor bigoted. It is a personal choice based upon a personal preference - and that choice and preference by less than 10 % of the people of California does not give them a Constitution right to redefine the historic institution of marriage to suit themselves!

The institution of marriage is an intelligent quid pro quo through which the State of California receives the major benefit that parents responsibly care for their offspring. The State's encouragement of marriage is not a free lunch, it is a calculated promotion of marriage between a man and a woman that yields incredible economic benefit to the state in return for the State's small investment.

Do stop the lies, distortions, and misinformation.

JJH

Posted by: James Harris at April 19, 2009 09:34 AM

Here is the bottom line: Californians believe that being gay is a behavior and choice, and therefore it is subject to a vote.

For those people who voted Yes on prop 8, can you explain to me why people with Down Syndrome can marry? What about two gay Down Syndrome persons marry?

http://www.downs-syndrome.org.uk/component/content/article/35-general/162-6-can-men-a-women-with-downs-syndrome-get-married-and-have-children.html

Posted by: Jack at May 31, 2009 10:11 PM

Here is the bottom line: Californians believe that being gay is a behavior and choice, and therefore it is subject to a vote.

For those people who voted Yes on prop 8, can you explain to me why people with Down Syndrome can marry? What about two gay Down Syndrome persons marry?

http://www.downs-syndrome.org.uk/component/content/article/35-general/162-6-can-men-a-women-with-downs-syndrome-get-married-and-have-children.html

Posted by: Jack at May 31, 2009 10:12 PM

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