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Granting And Repealing Rights


I agree with Sanchez and Patashnik that there’s no necessary contradiction between Obama’s nominal opposition to same-sex marriage and opposition to the California Restoration of Bigotry initiative. As I think I mentioned before, Dan Pinello found a significant number of Massachusetts legislators who didn’t initially support same-sex marriage rights but was opposed to repealing them once granted. Obama’s position isn’t terribly surprising or unusual, and nor is it incoherent on its face.

Still, I also agree with Matt that while this position as a coherent rationalization of his stated views, something simpler is probably going on. More likely, Obama supports same-sex marriage but doesn’t feel he can express this view while trying to hold a national coalition together, but will support same-sex marriage in cases where it’s more politically viable. At any rate, his subjective beliefs aren’t really important; as same-sex marriage becomes more popular Democratic politicians will support it in greater numbers. And while people often focus on the backlash successful litigation provokes among hostile to same-sex marriage, there’s another side to it: litigation also makes voting against same-sex marriage more difficult and provides political cover for politicians who would like to support it but are reluctant to support changes in legislation. In addition, having even a few states where same-sex marriage is instituted and doesn’t produce the hysterically anticipated social apocalypse makes arguments against it harder to sustain, which is why supporters of discrimination fight tooth and nail against expanding rights in every state and support uniform federal standards. They’re fighting a losing battle, and every state victory for human rights makes their defeat more imminent.

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