Jennifer Roback Morse: The Prop 8 trial and the new theory of politics

Jennifer Roback Morse writing at the Ruth Institute Blog: “[T]he original (and real) Civil Rights movement succeeded because people were really persuaded that race is an irrelevant characteristic for full participation in the political, economic and civic life of the nation. By contrast, no one can seriously maintain that marriage is a necessary condition for participation in civic life, or that an unmarried person is a second class citizen in any meaningful sense. No one can believe that individuals with same sex attraction are unable to participate in the economic, political and civic life of this country, with or without the redefinition of marriage. The vast majority of Americans are persuaded that sex is in fact relevant to marriage and its purposes. They believe that marriage without gender or sex is an institution without purpose or meaning. This is why so many people are reluctant to strip sexual differentiation from the legal institution of marriage. The American public is persuaded that the demands of fairness and decency are satisfied by legal provisions that solve the practical problems same sex couple may face.”