Maureen Walsh on Marriage Equality in Washington State

13 02 2012

At 11:30 a.m. on Monday morning, 13 February 2012, as the raindrops slide down the sides of Seattle’s skyscrapers, Washington state is expected to legalise same-sex marriage when Governor Christine Gregoire signs into law a bill passed by the state Legislature. The fight for equality in Washington has been an incremental one, starting with an anti-discrimination law (2006) and moving on to a domestic partnership law (2007), which was later expanded and approved by voters (2009), until the Legislature finally passed the marriage equality bill (2012). Senator Ed Murray, D-Seattle, an openly gay man, has played an instrumental role in the process, having spent the last few years sponsoring bills to expand gay rights. But what do impassioned lawmakers have to say?

The struggle to pass the marriage equality bill has been anything but perfunctory. Thanks to the Internet and social networking, people around the world have had the chance to witness the powerful, heartfelt speeches given by Washington lawmakers who support the bill. Interestingly, some of those lawmakers are Republicans, showing that compassion for devoted same-sex couples crosses party lines and touches on core humanist principles. I think we should all acknowledge this basic common-sense empathy when it pops up in Republicans. Maureen Walsh, a Republican representative for Washington’s 16th District of Walla Walla (where yours truly happens to have some super-conservative religious relatives) proved for me that empathy crosses party lines:

This was an inspiring speech, and it’s no wonder it has more than a few Youtube commenters a little bit verklempt. But what we should note is how Walsh touches on the argumentum ad populum of gay marriage opponents, which states that a thing is good just because it is popular. She bravely and passionately communicates that a belief is good not because it is popular, but because it makes people happy. And she holds her fellow lawmakers accountable for making a rational, fair-minded decision (the way Thomas Jefferson would). Her message wouldn’t have had the same clout, though, had she not made it personal and intimate by recounting her relationship with her lesbian daughter, who, as she recalls, used to stand up for bullied children on the playground. She tells her fellow legislators,

My daughter stood up for that kid, [and] even though it wasn’t the popular thing to do, she knew it was the right thing to do. And I was never more proud of my kid than knowing she was speaking against the vocal majority on behalf of the rights of the minority. And to me, it is incumbent upon us as legislators in this state to do that. That is why we are here. And I shudder to think that if folks who have preceded us in history [had not done] that—frankly, I’m not sure I would be here as a woman. I’m not sure that other people would be here due to their race or their creed, and to me that is what’s disconcerting.

Walsh is right. A thing is not right just because it is popular; it is right because it is reasonable, and it takes a principled leader to stand up and say, “this is right, and here are the reasons why”. Would we have abolished slavery had it been put up to a popular vote? Probably not. Would we have approved women’s suffrage had it been put up to a popular vote? Probably not. Neither decision was decided by a popular public vote. There are reasons why we have lawmakers brooding over the rights of minority groups. They take it seriously.

Marriage equality has triumphed in Washington state in part because of people like Maureen Walsh, who, despite her Republican status, believes that every loyal couple deserves the equal protection of the law. Hopefully this will be expanded to include the rest of the United States and, eventually, the rest of the world. To facilitate this effort, what we shoud be doing is proving to people who are still sitting on the fence why gays and lesbians deserve these rights, and we can do this by breaking down fallacies like the appeal to popularity, the appeal to nature, the slippery slope argument, the “special rights” argument, the “homosexuality is a choice” argument, the “homosexuality is condemned in the Bible” argument, and others (many of which I refute in my blog entry “8 Reasons Why Homophobia Makes No Sense“). However, we also need to complement our appeal to reason with anecdotes about the legal and personal struggles of individual gay and lesbian couples. We need to appeal to both justice and mercy. That will change both hearts and minds.

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Gay Marriage, Majority Rule, and Minority Rights

19 01 2012

As the Washington state legislature mulls a bill that would legalise gay marriage, conservatives are crawling out of the woodwork to stop its passage or to punish Republicans who vote in favour of it by attempting to end their political careers. (The National Organisation of Marriage is trying to do this.) Some of these individuals and groups also want to put the decision up to a public vote. The argument they use to justify this kind of move is that majority opinion reigns supreme in a true democracy. I will argue here that majority opinion does not necessarily reign supreme in a true democracy, and I will show why this is so in four ways: democracy is not just defined as “majority rule”, but also as “equality”; the majority have no right to speak on issues which do not affect them; courts must adjudicate the law impartially; and legislators are not obliged to represent the views of their majority constituents on issues which do not affect their majority constituents.

I want to let you know that I am not telling you how the law actually works; I am simply telling you how it should work according to the principles of ethical reasoning.

With respect to the first point, the issue of gay marriage centres around the definition of democracy. Many conservatives will argue that gay marriage should be put up to a public vote because, in a democracy, the majority opinion rules. However, the definition of democracy does not begin and end with majority rule; it also involves the concept of equality. According to the Random House Dictionary, democracy has the following senses: government by the people, a state having such a form of government, a state of society characterised by formal equality of rights and privileges, political or social equality, and commoners as distinct from the privileged class. The definition of democracy encompasses the concepts of both self-representation and equality, so any gay marriage opponent who invokes democracy on the basis of the former, while ignoring the latter, is giving us a skewed, incomplete understanding of democracy. This hardly helps validate their opposition to gay marriage on democratic grounds.

This biased preoccupation with self-representation is closely linked to the notion of majority rule, which is consistently invoked by gay marriage opponents. Gay marriage opponents constantly argue that the quintessential democracy is defined by the reign of the majority opinion. But this is not necessarily so. A lot of issues should be decided by the majority, because those issues affect the majority, but not all issues do. If we treat democracy as “self-representation”, then the majority have the right to rule on issues which affect the majority, but they do not have the right to rule on issues which only affect the minority. Gay marriage only affects the minority, not the majority, therefore the majority have no right to rule on gay marriage. Thus, the conservative argument that the majority should rule on gay rights on the basis of “majority rule” is debunked.

Immediately gay marriage opponents will point out that this argument is not sound because, when a panel of judges rule on such an issue, a majority of votes still matters. It is true that a majority of votes matters when a court of law rules on gay marriage, but there is an important distinction to make: while the public vote on the basis of their personal prejudices, judges are obliged to adjudicate the law. While popular opinion is based on popular prejudice, legal opinion is based on interpretation of the law. It is not exactly fair to compare majority rule on the basis of personal prejudices with the majority rule of judges who are obliged impartially to fulfil the law. Therefore, it is invalid to compare majority rule through a public referendum with majority rule through a court of law, and, hence, it is invalid to say that judges should be doing the same thing as the public with regard to minority rights.

But, of course, gay marriage opponents will argue that judges are only adjudicating laws which are passed by elected representatives of the people. So, now the question is, whose interests do those elected representatives actually represent? Gay marriage opponents would argue that they represent the majority opinion of their constituency. This is not necessarily so. If we accept that the majority should rule only on issues which affect the majority, and not those which affect only the minority, then elected representatives are not obliged to represent the views of their majority constituents on issues which affect only the minority. Instead, they are obliged to defend minority interests. And whose majority vote determines that, you may ask? None, because the vote would be a unanimous decision based on reason, logic, and fairness. Reason, logic, and fairness are the ultimate arbiter, not popular opinion.

Of course, not all legislators are rational, hence not all laws they pass will be based on reason. This does not, however, mean that it is right that they pass the laws that they do. It only means that they fail to acknowledge reason. In some sense, the greatest intellectual burden lies on their shoulders.

In summary, I haven’t tried to create the perfect defense of gay marriage in modern-day democracies; I’ve merely tried to challenge how we alienate minorities using “majority rule” as an excuse, even when the majority have no justifiable interest in the lives of the minority. In principle, democracy should be about how we satisfy our personal interests, not how we control the lives of others. And when there is any question about how an issue affects us, it should be boiled down to whom it affects, and this is determined by reason.

That said, if you live in Washington state, and you live in one of the six constituencies led by undecided Washington state senators, I implore you to contact your senator and ask them to vote “yes” on the bill legalising gay marriage. We are just two senators’ votes away from marriage equality. Just two! It is good for gay people and for everybody else.