Backlash on Gay Rights Decision My position against liberal judicial activism on the Court, including opposing last month's sodomy decision, dismays some progressives who think we should grab any win we can get.
But while I don't take any poll by itself too seriously, this USA TODAY poll showing backlash against gay rights is about what I expected:
Americans have become significantly less accepting of homosexuality since a Supreme Court decision that was hailed as clearing the way for new gay civil rights, a USA TODAY/CNN/Gallup Poll has found. After several years of growing tolerance, the survey shows a return to a level of more traditional attitudes last seen in the mid-1990s.
Asked whether same-sex relations between consenting adults should be legal, 48% said yes; 46% said no. Before this month, support hadn't been that low since 1996.
In early May, support for legal relations reached a high of 60%-35%.
Here is the bad irony of the Supreme Court decision-- gay rights was winning on multiple issues with the broad support of the public in democratic forums. And that kind of win is the most dependable since it doesn't leave rights hostage to one or two judges dying and being replaced by neanderthals.
The Lawrence gay rights decision was bad for gay rights. It delivered little of substance on its own, given the general lack of enforcement of such sodomy laws, but is undermining public support for gay rights on more important, immediate issues that could be won politically.
Just a few other posts I did on this topic with fuller explanation: Why Judicial Review is Bad Consistency on Gay Rights Sam H Response on Gay Rights
BTW there was a great pro-gay rights decision by the Second Circuit (New York Metro Appeals Court) late last week, but it was great because it was an act of judicial restraint upholding pro-gay rights legislation passed in Connecticut. The law there bans groups who discriminate against gays from having access to the state employees charitable giving program-- which means the Boy Scouts and other discriminatory groups don't qualify.
People may remember that a few years ago in the Dale decision, the Supreme Court struck down a New Jersey law that would have made the scouts anti-gay hiring policies illegal-- an act of conservative judicial activism that probably had far wider effects than the Texas decision would ever have. So the question in the wake of Dale was whether such discriminating groups could force governments to keep subsidizing them financially on constitutional grounds.
And the Second Circuit said no. So hurray for judicial restraint!
----- Original Message ----- From: "Doug Henwood" <dhenwood at panix.com> To: "lbo-talk" <lbo-talk at lbo-talk.org> Sent: Tuesday, July 29, 2003 4:45 PM Subject: [lbo-talk] backlash?
Poll shows backlash on gay issues By Susan Page, USA TODAY
WASHINGTON - Americans have become significantly less accepting of homosexuality since a Supreme Court decision that was hailed as clearing the way for new gay civil rights, a USA TODAY/CNN/Gallup Poll has found. After several years of growing tolerance, the survey shows a return to a level of more traditional attitudes last seen in the mid-1990s.
Asked whether same-sex relations between consenting adults should be legal, 48% said yes; 46% said no. Before this month, support hadn't been that low since 1996. (Related item: See poll numbers)
In early May, support for legal relations reached a high of 60%-35%.
The shift in attitudes occurs as gay issues have been in the news. In recent weeks, the Supreme Court struck down a Texas anti-sodomy law, a Canadian court decision allowed gay couples to marry in Ontario, and Wal-Mart expanded anti-discrimination protection to gay workers.
Conservative social activists see a backlash to those developments and the growing visibility of gay characters in entertainment, including such TV shows as Will & Grace. "The more that the movement demands the endorsement of the law and the culture, the more resistance there will be," says Gary Bauer, president of American Values.
Bauer says that sentiment will make it harder for elected officials to avoid taking positions on such questions as a proposed constitutional amendment that would bar marriage of gay couples.
Advocates for gay men and lesbians called the poll disappointing. "Clearly, the debate (over recent developments) has had an effect," says David Smith of the Human Rights Campaign. But over time, he says, "The country always ends up on the side of fairness, and I think they will here, too."
Those making the biggest shifts included African-Americans. On whether homosexual relations should be legal, their support fell from 58% in May to 36% in July. Among people who attend church almost every week, support fell from 61% to 49%.
The survey also found rising opposition to civil unions that would give gay couples some of the rights of married heterosexuals. They were opposed 57%-40%, the most opposition since the question was first asked in 2000.
By 49%-46%, those polled said homosexuality should not be considered "an acceptable alternative lifestyle." It was the first time since 1997 that more people expressed opposition than support. ___________________________________ http://mailman.lbo-talk.org/mailman/listinfo/lbo-talk