In my previous post, I noted that the O.C. Register changed its opinion on “legalizing” same-sex “marriage.” It was opposed to the change in 2000, supporting an initiative that defined marriage as solely between a man and a woman. But last Friday its editorial took the opposite position. I still think the paper’s managers — Freedom Comm CEO Scott Flanders, Reg Publisher Terry Horne, Editorial and Commentary Director Cathy Taylor, and her deputy, Matt Leone — need to write an explanation for this change.
It’s a simple courtesy to their subscribers — of whom they have about 100,000 less than in 2000.
There’s nothing wrong with changing one’s opinion, even in a major way. Just give some reasons.
For example, I used to be a big proponent of school choice/vouchers, in my 19 years with the Register writing a couple of hundred editorials in favor of the reform. But in recent years I’ve come to doubt the reform. The reason: I came to see that such a reform only would mean the government, in doling out the tax money to private and parochial schools, would come to control them.
From NewsBank, via the Orange County Public Library’s online connection (you’ll need an OCPL library card, or check your local library), I dug out the Register’s March 1, 2000 editorial, which I did not write, in favor of Proposition 22. Here it is:
The Marriage Laws
Proposition 22 , which says that “only marriage between a man and a woman is valid or recognized in California,” has become one of the most bitterly contested initiatives on the March 7 ballot.
Supporters claim that the purpose of the measure is to halt a nationwide effort by gay-rights activists to force every state to recognize homosexual “marriages.” Opponents say that it is an unnecessary initiative that stems mainly from its proponents’ bigotry toward gays.
That polarized view isn’t a surprise given that there isn’t much middle ground on the subject of homosexuality. Depending on one’s social and religious outlook, it is unnatural and a sin, or an alternative way of living that is as morally relevant as whether one is right-handed or left-handed.
In terms of hatred or bigotry, there’s plenty to go around on both sides – a typical occurrence when two diametrically opposed camps compete in the winner-takes-all world of politics.
As a rule of thumb, the best way to deal with such divisive issues is to reduce the government’s involvement in them. The state should not forbid or punish homosexuality, nor should it be in the business of legitimizing behavior or policing claims of discrimination.
The authorities should step in only when members of either camp invade the rights of others or legal protections are abridged.
Under current law, the government grants certain rights and privileges based on whether people are married. Those include some tax benefits (and some penalties also), some welfare-state benefits and special legal standing that non-married couples don’t have. For instance, non-married couples can gain inheritance rights and buy property together – but they require legal contracts to do so.
The ultimate question in Prop. 22 is whether the definition of what constitutes a marriage should remain as it always has been, or whether the door can be opened to same-sex marriages – and by extension to any other sort of arrangements that people might devise.
Despite what some opponents argue, the definition of marriage initiative wasn’t proposed out of the blue. Gay-rights activists have been looking for the most liberal state to gain recognition of same-sex marriage. Once that eventually is accomplished, they hope to invoke the “full faith and credit clause” of the Constitution, which requires all states to recognize certain acts by other states.
As we see it, gays should be free to marry anyone they choose, provided that they find a church or private group to do it. But they shouldn’t use government policy as a truncheon to insist on society’s acceptance – something that is at the heart of the gay-marriage movement.
Rather than try to change the nature of marriage, gay rights groups ought to rely – and increasingly are doing so – on domestic partnership laws and private contractual relationships to address legitimate concerns about estates and guardianship. If gay partners truly are denied hospital visitation rights, then the Legislature can easily fix that.
Reinforcing the current definition of marriage will in no way impede efforts at providing gay couples with fair treatment. But it will stop a disingenuous strategy to impose a new view of marriage on Californians based on what may happen in some other state’s legislature or court system.
That’s why we urge a “yes” vote on Prop. 22.
(Note: The 1996 federal Defense of Marriage Act, which President Bill Clinton signed into law, supposedly prevented forcing states that don’t recognize same-sex “marriage” to do so, and federal courts have upheld it so far. However, it has yet to be tested in the U.S. Supreme Court, which is at least as erratic as the California Supreme Court.)
And here’s the new editorial published last Friday, May 16, 2008; I’ll just include the main sentences:
Prohibiting same-sex couples from marrying, even though they can have most of the privileges of marriage, is an act of discrimination that is not countenanced under California’s constitution.
In our view, the state should have little or no role in defining or regulating so intimate a relationship as marriage. People should be free to call their relationship a marriage if it is loving and committed, and churches should be free to decide whether or not to bless such relationships.
Given the reality that the state has inserted itself into so many aspects of our private lives, however, and that it treats married couples differently from those who are simply cohabiting, this decision was virtually inevitable as an expression of simple fairness.
Curiously, the phrase — “Given the reality that the state has inserted itself into so many aspects of our private lives, however…” — is itself a blank check for government to do absolutely anything. Hardly a libertarian sentiment.
Anyway, this is the biggest state issue of the year, and Register readers have a right to know why the change in opinion was made.
Don’t you think?