21 May 2014

MT ACLU’s same sex lawsuit will hurt progressives at the polls

The Montana Chapter of the American Civil Liberties Union has filed a lawsuit, Rolando v. Fox, asking that a federal district court in Great Falls declare as unconstitutional under the 14th Amendment to the U.S. Constitution the Montana Constitution’s Article VIII, Section 7:

Montana’s voters approved CI-96 (PDF, p.22) by a two-to-one margin, 295,070 to 148,263.

Given the regularity with which federal district courts are striking down bans on same sex marriages, I think there’s a high probability that this lawsuit will prevail.

I would not be surprised to learn that Rolando is part of an organized nationwide effort to legalize same sex marriages through the courts. Supporters of same sex marriage consistently lose at the ballot box.

The MT ACLU’s timing in Rolando will help the Republican primary candidates who are farthest to the right by giving the party’s hard core cultural conservatives an extra incentive to vote for the voices that most loudly proclaim that marriage is, and should only be, between one man and one woman.

In Kalispell, the filing of Rolando will help Ronalee Skees in HD-7, Mark Blasdel in SD-4, Mike Hebert in HD-11, and probably Doug Adams in HD-5.

Thanks to the MT ACLU, and the same sex marriage advocates across the nation who have given up on the ballot box and turned to the courts, same sex marriage is becoming an issue in the 2014 election. Because support for same sex marriage has become a de facto litmus test for membership in the progressive movement and the Democratic Party, progressives and Democrats are welcoming Rolando. I don’t share their enthusiasm. However much Rolando energizes progressives, it will energize reactionaries more and hurt progressive campaigns and candidates. Rolando is a gift to the Montana Family Foundation and its friends.