Mercury Rising 鳯女

Politics, life, and other things that matter

This Is So Elegant

Posted by Phoenix Woman on February 13, 2007

I wish I had dreamed this up. A guy named Gregory Gadow has created Initiative 957, a legal poison pill of proposed changes to the “Defense of Marriage Act” that just passed in Washington state — changes that will scuttle it if the initiative is made into law:

“Political speeches or sit-ins just do not really sink in,” Gadow says. It’s humor, he believes, that’s needed to rejuvenate the struggle for gay marriage after the blow of Andersen v. King County, the 2006 state supreme court decision that justified the legislature’s decision to outlaw gay marriage by saying marriage was about procreation. So Gadow—who doesn’t personally have a man he’s looking to marry at the moment—is taking the legislature’s intent and the court’s ruling to its logical extreme: All marriages that do not produce a child within three years will be automatically annulled if I-957, which was approved by Secretary of State Sam Reed on January 25, is made law.But, unsurprisingly, it won’t be. Stuart M. Jay, a professor at the UW School of Law, says what Gadow already knows: Since there is no compelling state interest in controlling people’s reproduction, the initiative is “blatantly unconstitutional.” Even if by some miracle it were passed, the courts would have to strike it down, which would actually be a victory for Gadow, since it would cut off Andersen at the knees.

Assuming that the 224,880 necessary signatures can be obtained by July, a much more likely scenario is that it will be voted down, which, Gadow claims, would also be a victory: “We would hold up those votes as votes against the premise that the Andersen decision is based on.”

More like this, please. I hope that gay-rights groups nationwide are paying attention.

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