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My wife and I greeted the news about the repeal of Prop 8 in California, and parts of Arizona's immigration law this week with cautious optimism. After all, it's difficult to feel like a decisive blow has been struck for human rights when that victory comes in the form of a judge overturning a popular vote to limit the civil rights of same sex couples and immigrants.
Part of me wishes for a draconian judicial activism to sweep aside the bigots and usher in an era of equal rights but there is also a part that says, let the people have their say and see where it gets them. I believe that in the free market of culture, states like Arizona or Arkansas which place restrictions of the rights of some residents will experience an out-migration of valuable minds. A brain drain would occur in the same way as it has in repressive countries like Iran and North Korea.
What would an America in which this sort of cultural balkanization was allowed look like? The above image is a map of marriage laws by state. The obvious problem with leaving civil rights up to the free market of public opinion is that the people without the financial resources to pick up and move will be the ones most affected. On the other hand, I have personal anecdotal evidence that this might be a good solution. When my wife and I decided to get married, we agreed that we would only choose a state for the ceremony that allows same sex couples the same rights as we have. That eliminated our home state of Virginia, and led us to choose to bring our catering and hotel business to Vermont.
Ultimately, the solution will come from a combination of grassroots mobilization and top down legislation. What I hope to see is a ground swell of public opinion from the left with the same passion and commitment coming from the right in the form of groups like the Tea Party. Not the weak manufactured imitations like the ill conceived Coffee Party, but true outrage that in the 21st century, we have the shame of institutionalized bogotry.
My wife and I had the same feeling. It's being appealed so the celebrating is cool, but who knows what the next court will say. My daughter Tessa was just over a month old when we took her to her very first protest at the Lansing capitol building. It was to protest Prop 8 after it passed.
ReplyDeleteWhat an awesome experience for her to soak up, even if she won't remember!
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