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spacer Hundreds of supporters and opponents of a proposed gay marriage ban took part in vocal protests March 1 at the state Capitol. (Photo by R.O. Youngblood)
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The conservative shibboleth undone
Skipping the chance to vote against Amendment 1 feeds the far-reaching consequences of this gay-bashing.

By MATTHEW A. HENNIE
OCT. 29, 2004
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MATTHEW A. HENNIE

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Matthew A. Hennie is editor of Southern Voice. He can be reached at mhennie@sovo.com.

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Activist judges struck in Georgia this week. Twice.

And you won’t hear a peep out of conservatives.

The Georgia Supreme Court on Monday struck down the state’s four-year-old hate crimes law, trashing one of the few legislative accomplishments scored by the gay lobby in the last several years.

On Tuesday, that same court issued a 5-2 decision allowing the Nov. 2 vote on Amendment 1, ruling that they can’t intervene until after voters have their say.

After both decisions, there were no conservatives to be found ranting about activist judges. The lack of commotion to the judicial action stands in stark contract to the public hand-wringing conservative lawmakers started in January, worried that Georgia’s conservative judiciary would suddenly OK gay marriages once they became legal in Massachusetts.

And therein lies the irony: Anti-gay bigots want to constitutionally ban same-sex marriage in the state, which outlawed the unions in 1996, so much that they wasted an entire legislative session passing Amendment 1 to put before voters next week. Conservatives, it seems, are afraid that judges will equalize the marriage playing field absent any evidence that would ever happen.

It’s not so odd, then, that conservative backers of Amendment 1 aren’t lashing out at the state Supreme Court this week. “Activist judges” ruled in their favor — twice — and the hate-mongers lost their voice, apparently content with the rulings.

Judicial activism is abhorrent, conservatives argue, unless those judges rule in favor of their anti-gay causes. And then, well, they have nothing to complain about.

And that is yet another example of why Amendment 1 is nothing but a political ploy, a piece of legislative gay-bashing meant to turn out conservative voters, push forward an agenda legislating a strict moral code, and lob a cheap shot at gay Georgians. Amendment 1 is the conservative shibboleth of 2004.

The battle over Amendment 1 wasn’t sought by gay Georgians, or gay men and lesbians in the other 10 states that face similar constitutional bans on Nov. 2. Anti-gay conservatives brought the fight to us. We responded by flooding the state Capitol for rallies, lobbying lawmakers and forming organizations to oppose the measure.

While conservatives created a cause to rally around, some gay Georgians weren’t sure (and still aren’t) that fighting Amendment 1 was worth the time, effort and financial resources. The measure emboldened conservatives and, to some extent, split gay activists — those who oppose the measure and others who say it’s not a fight worth lodging.

But on Tuesday, Amendment 1 should motivate gay voters in the same way it will conservatives. The trouble is, gay voters may be complacent, convinced their vote won’t matter in the wake of polls that show the measure will pass with more than 60 percent of the vote. Some gay men and lesbians don’t want marriage equality and see Amendment 1 only through their marriage blinders, uninformed about its far-reaching impact. Other voters may conclude that since same-sex unions are already outlawed, the fate of Amendment 1 isn’t critical.

You’d be wrong on all three accounts.

Amendment 1 is about much more than activist judges or protecting the “sanctity of marriage,” as sponsors of the legislation claimed when they first proposed it last January. Section B, the portion that voters won’t see on the ballot, would most likely ban civil unions, end domestic partnership benefits in municipalities and businesses that already offer them, and put in jeopardy legal contracts between members of same-sex couples that allow basic rights such as hospital visitation.

Amendment 1 is about more than marriage.

If voters overwhelmingly approve the measure, it will further embolden conservative lawmakers. Amendment 1 survived the General Assembly session only after a protracted and bruising fight. But if the legislative gay-bashing is rewarded at the polls, anti-gay lawmakers will push for more, aiming next at gay adoptions. They will also use the results of Tuesday’s vote to justify their efforts at blocking consideration of a new hate crimes bill that is gay-inclusive, or employment non-discrimination protections.

Amendment 1 is about more than marriage.

The legislative fight over the measure split rural and urban Democrats, and alienated some black lawmakers. It showed gay activists that we don’t have many true friends in the General Assembly. But if gay voters don’t show up at the polls, gay-friendly lawmakers will be less likely to fight for our civil rights in future sessions. Lawmakers must be convinced that we live in their districts and will stand up for them as they do for us.

Amendment 1 is about more than marriage.

Voting against the measure is the right thing to do. The silver lining in the creation of Amendment I is the hundreds of Georgians who stepped forward to lobby, rally at the state Capitol, take part in phone banks, canvas neighborhoods, or just talk with family and friends about the proposal. If you were involved in this 10-month battle, honor your work by carrying through with a vote. And if you haven’t been involved, your chance comes Tuesday.

In an election cycle built on fear, Amendment 1 is a perfect fit. Conservatives are convincing your neighbors that gay marriage is a real threat. But Amendment 1 is what we should fear. The consequences of it becoming enshrined in the Georgia Constitution reach far beyond proscribing a heterosexual definition of marriage.

Conventional wisdom says we’ll lose the vote on Tuesday. But it’s how we take the defeat over Amendment 1 that will bleed into upcoming battles over our rights. No civil rights movement is quick or without its major defeats. But history shows us that with persistence, we will win in the end.






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