May 31, 2009
Now that the California Supreme Court has upheld Proposition 8’s constitutionality, some marriage equality supporters are ready to begin collecting signatures for a new ballot measure to overturn it in next year’s election.
Instead, I hope Californians who support marriage rights for same-sex couples will take a deep collective breath and engage in level-headed strategizing about how best to achieve the long-range goal of marriage equality.
There are at least two good reasons not to put an anti-Prop. 8 measure on the 2010 ballot.
First, such an initiative stands a strong chance of losing. Highly respected statewide polls, such as those conducted by Field and the Public Policy Institute of California (PPIC), indicate that support for marriage rights for California same-sex couples hasn’t increased noticeably since November. In a February Field Poll, for example, fewer than half of registered voters said they would support a new ballot measure to legalize same-sex marriage, and about the same percentage would oppose it. Only a 49% plurality said they generally support “California allowing homosexuals to marry members of their own sex and have regular marriage laws apply to them.” And a March PPIC survey found that the state’s likely voters oppose marriage equality by a 49-45% margin.
These numbers don’t bode well for a 2010 ballot campaign to overturn Prop. 8. Just over a year ago, the Field Poll found that more than half of likely voters opposed changing the state constitution to define marriage as between a man and a woman. PPIC surveys similarly revealed a widespread reluctance to enact Prop. 8. Yet that solid majority evaporated during the final months of last fall’s campaign. Launching a new initiative with support from less than half of the electorate is ill advised. And if the next campaign fails, it’s highly unlikely that the necessary resources will be available anytime soon to mount yet another ballot fight.
Second, win or lose, another initiative campaign will exact a substantial psychological toll. Research shows that marriage amendment campaigns have negative mental health effects on the people whose lives they target. A recently published nationwide study, for example, found that during the months leading up to the 2006 November election, psychological distress increased among lesbian, gay, and bisexual adults living in states where an antigay marriage measure was on the ballot, but not among their counterparts living elsewhere. By Election Day, sexual minority residents of the states with antigay ballot measures had, on average, significantly higher levels of stress and more symptoms of depression than their neighbors in other states.
Comparable research on the 2008 election isn’t yet available but the limited data I’ve seen, supplemented by my own observations, lead me to believe that the Proposition 8 campaign had a similar, negative effect on many Californians. Perhaps the psychological fallout of another statewide campaign will be tolerable if Prop. 8 is repealed. But without a strong likelihood of succeeding, it is irresponsible to subject lesbian, gay, and bisexual Californians to another prolonged period of daily attacks on the legitimacy of their relationships and families.
It has become almost a cliché to assert that time is on the side of the marriage equality movement. Younger voters support marriage rights for same-sex couples more strongly than their elders (although the strength of support among young voters shouldn’t be overstated). That view will eventually achieve majority status in California, perhaps even by 2012. But almost certainly not by next year.
I’m not suggesting that marriage equality supporters should sit on their hands. There’s much work to be done to create a solid majority of California voters who feel they have a personal stake in overturning Prop. 8.
For example, heterosexuals who support marriage rights for same-sex couples can become agents of change by making their opinions known to their spouse, family, neighbors, and coworkers.
And it’s critically important for lesbian, gay, and bisexual Californians to speak directly with their straight relatives and friends about their own experiences, to explain how measures like Prop. 8 personally affect them. In the wake of the November election, the American Civil Liberties Union and other groups launched the Tell 3 Campaign to encourage and assist sexual minority adults in telling their stories to the people who love and respect them. Having such conversations is one of the most potent strategies for changing attitudes. Yet, according to my own research, they occur all too infrequently.
Last week’s Supreme Court decision has rightly evoked strong feelings among gay, lesbian, and bisexual Californians and their heterosexual supporters. That emotion can be harnessed to build a successful movement for marriage equality in California. But it shouldn’t push us prematurely into a ballot campaign that poses a significant risk not only of losing, but also of ultimately harming many lesbian, gay, and bisexual Californians.
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A briefer version of this essay appeared in the Sacramento Bee on Sunday, May 31, 2009.