Coyote Blog

The brief time I led the Equal Marriage Arizona efforts to amend the Constitution to allow gay marriage was a real eye-opener for me.  I expected that since I was not a member of the largest gay activist groups, I might have to work to build up trust.  But it turned out, trust was not an issue.  I seldom had anyone question my sincerity.  However, I quickly found all the major gay rights groups (excepting the ACLU, bless their hearts) not just neutral or skeptical but actively opposing our effort.  Several people in these organizations dragged me in the figurative back room and explained that the leadership of their group would never accept a non-Democrat getting credit for such a success.  And one member of prominent organization (hint:  has same initials as Hillary Rodham Clinton) told me that their internal position was that they did not want gay marriage to come to Arizona until after 2016 because they wanted Hillary to be able to run on the issue and hoped to flip AZ blue in 2016.

So, a couple of years ago I would never have believed this story, but now it seems all too familiar

Just this week, legislators introduced a bill that would encourage drug companies to apply to sell contraceptives without a prescription.

But if Republican Sens. Cory Gardner of Colorado and Kelly Ayotte of New Hampshire, along with four other GOP senators, were expecting flowers from Planned Parenthood and others for their bill, the Allowing Greater Access to Safe and Effective Contraception Act, they should brace for disappointment. Suddenly, the idea doesn’t sound so great, and the former supporters aren’t mincing words.

Planned Parenthood president Cecile Richards said the bill is a “sham and an insult to women.”

Karen Middleton of NARAL Pro-Choice Colorado even got personal, saying, “Cory Gardner can’t be trusted when it comes to Colorado women and their health care.”...

Beneath the fear-mongering lies the more likely reason for the change of heart on the left. The bill was simply introduced by the wrong party.

Sorry, I don't have a source for this.

Making common cause with people with whom one disagrees about many other issues is a natural state of affairs for most libertarians.  Since we are such a minority, we can only make progress seeking out allies on the Left and Right on particular issues.  It was so natural to me that I was caught short when I ran Equal Marriage Arizona to find that many other people have no desire to do this.  They will not make common cause with you on an issue with which they agree with you 100% if they disagree with you on an array of unrelated issues.  I have now come to the conclusion that the latter attitude is more common than the former.  The problem with politics is, IMO, not the lack of compromise, but this lack of ability to make common cause across political lines on narrow issues.  Thus, for example, Elizabeth Warren is unable to make common cause with Republicans on the Ex-Im Bank, despite the fact it hits on two of her hot buttons (corporate subsidies and crony insider benefits for Wall Street bankers).

One local columnist thinks Andrew Thomas can win the Republican nomination for governor.  God forbid.  I would vote for Elizabeth Warren for governor before I voted for Andrew Thomas (or see the Phoenix New Times coverage).  Forget for a moment about his awful policy prescriptions, he is corrupt, and a serial abuser of power.

Last year when we finally folded up shop on Equal Marriage Arizona, a big reason we did so was lack of support from large gay rights groups.  A few said they had trust issues with a center-Right coalition to legalize gay marriage.  Fine.  But several said they did not want the gay marriage issue solved from the center-Right, they wanted Democrat credit for it.  Further, they did not want it solved in 2014, because they wanted to run on it to shift Arizona blue in 2014 and 2016.

I was skeptical of the latter, but it may be possible if the Republicans run Andrew Thomas.

Somehow I managed to get on the NRCC email list.  I don't generally mind these things, as I am on several lists from both parties and it is kind of interesting to see what marketing come-ons they are using at any particular moment.

But the NRCC has been spamming the hell out of me.  This in and of itself I think shows a lack of understanding about the medium.  You lose effectiveness really fast if you send, say, five emails in five minutes, which is what I just received.  Worse, though, is that there is no opt-out link in the email.  Who in this day and age is dumb enough to send out even quasi-legitimate marketing material and not include an opt-out?  Morons.  I am one of the those people who actually can and do write rules to sort my email box, so I can take care of the problem, but this is just bush league.  If you are a GOP member, I would not be fooled by your parties happy talk that it is closing the gap on digital communications with the Dems.  I see no such evidence.

During my brief foray into politics Chairing Equal Marriage Arizona, we were trying to message from the center right on the gay marriage issue.  We found out, to our dismay, this is not at all a comfortable approach for established gay rights organizations (to say the least), but we thought it an intelligent and necessary approach to win on the issue in a red state.  Anyway, one thing we found quickly is that there is no bullpen out there of talented web people on the Right, at least in Arizona.   They are all on the Left.  If I were a member of the GOP and actually cared about their fate, I would sure be looking for a way to fix this, perhaps with some sort of internship program to start developing a bench.

I wasn't really going to post on this but since it is making the news, Equal Marriage Arizona (of which I am co-chair) is putting on hold our efforts to amend the Arizona Constitution in 2014 and will defer to 2016.

At some point when this quiets down, I will write an extended article about the experience, which was certainly a learning exercise for me (and by the way did nothing to dissuade me from my general default stance of avoiding politics like the plague).

We honestly thought that an effort initiated and led by Republicans and libertarians was the right choice for a heavily red state like Arizona, and I am still convinced of that.  In fact, I think we knocked some of the Conservative opposition on their heels, and several Conservative commentators publicly stated that ours was a dangerously (for them) effective approach.  In addition, a number of prominent Republicans took me aside and thanked me -- they felt that getting this passed would help save the party from its worst impulses.

From the beginning, I had some nervousness that our language was not perfect (though the lawyers were happy with it), but it was polling well and even more than a year in advance we were polling over 50% of probable voters in 2014.

The buzz saw we ran into was not from the  Conservative opposition but from those we thought of as our allies.  Several prominent LGBT and gay marriage groups turned against us early, and pressured nearly every other group on the Left to oppose us, even getting a number of groups who had endorsed us early to withdraw their endorsements.

The reasons for this were myriad, and I may write that story at some future date.  Some of the wounds were self-inflicted on our part, and some were frankly due to my failings as a leader in this political arena.  But I am convinced that these groups were never, ever going to support us.   Some groups honestly worried that 2014 was too early in Arizona.  Others had... other concerns.  Scott Shackford of Reason makes some pretty good guesses, but there were issues beyond these.

I was down at the Arizona capitol first thing  this morning to do some live TV interviews on reaction to the Supreme Court DOMA decision  (as Chair of Equal Marriage Arizona, which has a ballot initiative in the works to allow same-sex marriage, we wanted to get our initiative close tied to the story today).

Once the decision came down around 7:10 AM local time, the networks wanted an immediate reaction.  I told them I needed to read for 5 minutes to make sure the decisions were what we expected (they were).  So I leaned up against a palm tree to stay in the shade and read my iPad.  Well, it turns out the tree trunk was crawling with ants.  So as I began my live TV interviews, I could feel them crawling all over my back and starting to bite.  I am not sure how coherent I was in the interviews.  I am pretty sure the reporters were confused about my ripping off my jacket and shirt once the interviews were over.  Maybe they thought it was some sort of Brandi Chastain celebration.

On a related note, having tangentially been involved now in the media rush around a Supreme Court decision, I found this analysis of the running of the interns quite entertaining.

First, I am interviewed today at Reason on our Equal Marriage Arizona initiative.

One question that keeps coming up, both from libertarians as well as others, is why should government define marriage at all?  Can't anyone get married in any kind of private ceremony?

My response is that yes, in some sort of libertarian small-government world, the state would be irrelevant -- what I used to call separation of marriage and state.

But it turns out that the state is already deeply involved in marriage.  The explicit state licensing of marriage already exists, and our laws in Arizona for this licensing are unequal -- some couples get access to this state license, and some cannot.

What makes this important is that marriage is embedded in hundreds, even thousands, of laws.   I searched the Arizona Revised Statutes for mentions of the words "spouse" or "spouses".  These words are used 1133 times in 373 different statutes!  The Our America team told me they counted over a thousand references in Federal code.  In other words, our law codes give -- in thousands of instances -- specific rights, responsibilities, and privileges to married couples who have access to a state-granted marriage license.  Those left out of the current unequal definition of marriage face any number of challenges imposed on them by these specifics of spousal rights and privileges embedded in our law code.  I call this the non-marriage penalty.

There is no way to rip all these references to marriage out of the law and tax code.  The fairest solution -- the one that most respects individual freedoms -- is to accept that such government licensing of marriage exists and then make it as open and as equal and as fair and as accessible as we possibly can.  That is what we are trying to achieve with Equal Marriage Arizona.

Today I have registered as the chair of Equal Marriage Arizona.  We are seeking to place a proposition on the ballot in Arizona in 2014 to broaden the definition of marriage from "a man and a woman" to "two persons".  We are also adding language to protect religious freedom, specifically

“a religious organization, religious association, or religious society shall not be required to solemnize or officiate any particular marriage or religious rite of marriage in violation of its Constitutional right to free exercise of religion."

Our press release is here.  Gary Johnson's Our America organization has been kind enough to sponsor us, as have the Log Cabin Republican's national organization.  My co-chair in Arizona is also chair of the Arizona chapter of Log Cabin Republicans.

I suppose in an ideal libertarian world, marriage would not even be subject to state administration.  But the fact is that there are scores of provisions, from inheritance laws to financial and medical privacy laws, that give special privileges to couples who are officially married, such that it is a real equity issue that some couples are denied the ability to marry.  Perhaps there was a time when some hoped that contracts or civil unions might be an adequate substitute, but I know too many single-sex couples struggling with the deficiencies in these alternate, and deficient, marriage substitutes.

We are not seeking a referendum on sexual choices or lifestyles.  We are seeking a initiative expanding liberty by providing for equal marriage, for what could be more fundamental to personal freedom than choosing who one will marry?

More to follow.

PS -- I am turning off comments on this for a while, as it likely will get some media attention today.  Y'all know I traditionally have the most open comments policy on the web, moderating for spam only.  However, many people, including some in the media, still do not understand the difference between blog posts and comments, and tend to try to count political coup over the more outrageous comments.  As a minimum, since most bloggers moderate, they assume that I do as well (no matter how many times I say I don't) so that any obscene or deeply insensitive statements are assumed to be tacitly approved by me, since I did not moderate them.  Rather than moderate comments for content, I would prefer just to turn them off.