Bad Politics

Frequent readers here know that I’m pro-choice and pro-gay marriage.

I also think, however, that Roe v Wade was a lousy way to legalize abortion. When the Supreme Court decides a major issue by judicial fiat, our democratic processes get short-circuited — and that leads to the kind of rancor we’ve seen over abortion the last 30 years.


In 1973, legalized abortion was coming. Maybe not fast enough, and maybe not everywhere at once — but it was going to happen. And happen democratically. Besides, our Constitution is designed as a federal system, and no single issue is worth harming the system that does so much (by moving so slowly) to protect out freedoms.

For these same reasons, I’ve also argued that I hope gay marriage (or “civil unions” or whatever) doesn’t get forced on nation by the courts.

And today we get the next worst thing:

California has became the first state to require businesses with large state contracts to offer domestic partners the same benefits that spouses enjoy, although the law will not take effect until 2007.

Outgoing Gov. Gray Davis signed the bill enacting the measure, which had been a key goal of gay rights groups.

A near-universally reviled, recalled Governor just signed a piece of midnight legislation, for no reason other than spite.

That’s the kind of “win” that supporters of gay marriage can ill afford.


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