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Could This Be the Issue That Steals Defeat From the Jaws of Victory for Dems? October 27, 2006

Posted by Troy Fullerton in Uncategorized.
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Following up on my belief that Republicans will hold Congress because, let’s face it, the Democrats’ biggest obstacles to regaining power is that they are the Democrats, now we have the New Jersey Supreme Court handing the GOP  “a Republican gift of yet-to-be-determined value,” according to University of Virginia political science professor Larry Sabato.

Wrote Sabato: “New Jersey’s seven Supreme Court justices have unwittingly come to the luckless GOP’s aid; they may have just influenced several key midterm races in a way no fund-raising visit from Bush, Cheney, Giuliani, Hastert, McCain, Mehlman, or Rove could have.

“The state high court’s decision to mandate the legislature to pass full legal rights to New Jersey’s same-sex couples could not have come at a worse time for Democrats all across the country.”

Talk about your October surprise. This is even better for Republican prospects than Osama’s video message just before the ‘04 election, warning people they better not vote for Bush. Republicans have just been handed a gift all right; are they smart enough to open it?

This issue has the potential to completely shift the conversation from now until election day: No more Congressman Foley, no more culture of corruption…right now, it’s about the Republicans being able to claim that if they do not keep power, every state–INCLUDING YOURS–will be just like New Jersey and the people will no longer have a right to decide for themselves what marriage means.

Noting that successful anti-gay marriage ballot initiatives in 11 states “greatly aided Republican prospects in key races in 2004 by boosting turnout of base conservatives, in particular, easy-to-organize evangelical churchgoers,” Sabato explained. He said that the issue then was still fresh in voters’ minds following a similar court ruling in Massachusetts which caused social conservatives to condemn it as unwarranted judicial activism. “The GOP’s rallying cry against ‘activist judges’ helped Bush carry critical Ohio among other states and assisted the party’s efforts to retain congressional control.” 

For all the critics who have claimed that these marriage protection amendments are nothing but pandering to religious voters by conservatives  hoping to turn out the base, this ruling demonstrates once and for all that conservatives have not started this fight. The punches are being thrown by unelected ‘legislators in robes’, and Republicans can now go to the voters with a battle cry about defending America against New Jersey’s values. Specifically, this could definitely cost Democrats their US Senate seat in that state. Sabato also talks about national implications of the ruling:

“In the face of renewed calls to arms against gay marriage and civil unions, anti-gay marriage ballot initiatives in eight states (Arizona, Colorado, Idaho, South Carolina, South Dakota, Tennessee, Virginia, Wisconsin) would now be favored to prevail with more sizeable margins than initially anticipated.” But, he added, “more importantly for our purposes, added evangelical turnout could prove a decisive boon to GOP turnout in key races for control of Congress all over the nation —perhaps in Tennessee and Virginia’s absolutely crucial Senate races.” 

I admit, I’ve questioned whether or not the gay marriage ban would pass in Wisconsin because I thought the opposition has waged a better funded, effective campaign that essentially said this referendum has nothing to do with gay marriage. The anti-referendum folks have done a good enough job that even I had to send my pastor an email asking him what he thought about it, before I could determine how to vote. This could be a decided blow to Fair Wisconsin’s hopes of an upset here to end the 0-for-lifetime streak of fighting marriage amendments in the United States.

You have to almost feel sorry for the Democrats. New Jersey judges have just handed Republicans something they, for the most part, did not have previously: A reason to vote for them on November 7th.

Comments»

1. Anon - October 27, 2006

Read the decision — and I hope that your readers do, rather than count on your interpretation. The court said that marriage is one man, one woman. And it said that the people will decide what civil union means, in terms of benefits that the nonmarried ought not be denied, through their legislators who are beholden to them (as the judges are not in states that do not elect them to the bench).

Unless Republicans are so cynical as to see marriage as only worth it for the economic benefits, which the court said ought to be available to the nonmarried as well, they ought to have no problem with this . . . unless, of course, they are so desperate for an issue that deflects attention from all their wrongdoings in Congress that they need to make judges the bad guys again. At least those are the Republicans who do not want to stoop so low as follow Rush Limbaugh in ridiculing a victim of Parkinson’s, wounded veterans, etc. . . .

2. Troy Fullerton - October 28, 2006

Thanks, anon, but I did not issue an interpretation of the decision. I’m in the wireless business, not the legal profession. What I did was link to a political interpretation of the case, authored by a fairly well-respected political scientist who is frequently cited in political analysis.

Does it impact what happens in Wisconsin legally? I’m not sure. Do I think John Kerry meant to say something different when he said, “I did vote for it before I voted against it.”? Yep, I pretty much understood what he meant, as there are many procedural votes and different variations before voting on the final bill. But the president, Rove and the GOP team were able to hang him with his words and I don’t think he ever really recovered from that as it seemed to reinforce a flip-flopper image he already had been painted with.

I think this is much the same. It could be legally correct to say there are differences and what happens in NJ is irrelevant to WI, but I think politically this is an issue that Democrats cannot be happy about, and that’s what I wrote. Thanks for your comment.

3. Anon - October 28, 2006

So desperate to deflect the issues of 2006, are you, that you’re reaching back in time for that old “flipflop” folderol again?

All that does is remind me of the headline I read just a couple of days ago: “Bush cuts and runs from staying the course.”

Flipflop!

As for the NJ decision being a problem for the Dems, I don’t think so — court decisions at the state level aren’t like Supreme Court decisions, so this one lacks immediacy to voters in most states. Plus, this one in NJ was wonderfully waffling, so it’s complex for the voters to grasp, since it did strike down gay marriage — it only called for economic benefits of marriage to be available to the unmarried in domestic partnerships, and that includes a lot of folks’ family members (even grandpas and grandmas). Above all, there’s too much corruption by Republicans in Congress that is far easier for voters to understand — and to be disgusted about.

And there’s not enough time for this to sink in to the voters, with only ten days to go. But that means that in only ten days, we’ll see which one of us called this correctly.