Wednesday, October 08, 2008

Joe Biden, nuance, and same-sex marriage

Headline! Palin, Biden agree on gay rights at debate!

They most certainly did not.

In all the political commentary I've seen since the Biden-Palin debate, I haven't seen anyone take up Biden's comments about gay marriage in detail. Perhaps this is because he was prompted to avoid nuance; in fact, he gave an extraordinarily nuanced answer. I'll put the entire exchange on the subject at the bottom of this post, but here's the bit I want to focus on:

IFILL: The next round of -- pardon me, the next round of questions starts with you, Senator Biden. Do you support, as they do in Alaska, granting same-sex benefits to couples?

BIDEN: Absolutely. Do I support granting same-sex benefits? Absolutely positively. Look, in an Obama-Biden administration, there will be absolutely no distinction from a constitutional standpoint or a legal standpoint between a same-sex and a heterosexual couple.

The fact of the matter is that under the Constitution we should be granted -- same-sex couples should be able to have visitation rights in the hospitals, joint ownership of property, life insurance policies, et cetera. That's only fair.

It's what the Constitution calls for. And so we do support it. We do support making sure that committed couples in a same-sex marriage are guaranteed the same constitutional benefits as it relates to their property rights, their rights of visitation, their rights to insurance, their rights of ownership as heterosexual couples do.

[...]

IFILL: Let's try to avoid nuance, Senator. Do you support gay marriage?

BIDEN: No. Barack Obama nor I support redefining from a civil side what constitutes marriage. We do not support that. That is basically the decision to be able to be able to be left to faiths and people who practice their faiths the determination what you call it.


If I were a politician who supported same-sex marriage--or at minimum had no strong feelings opposing it--and I also wanted to lower the profile of culture-war issues by sounding as if I opposed same-sex marriage, this is precisely the way I would frame the issue.

The debate's discussion of same-sex marriage resulted in apparent agreement between Biden and Palin: both said they opposed it, and Palin--in a way that clearly surprised Biden and Ifill--seemed to agree with Biden in favoring full legal equality for same-sex couples.

Biden, however, added a crucial and instant clarification of what he meant by saying "No" to Ifill's question about allowing same-sex couples to call themselves married. Quoth Biden, with my emphasis: "Barack Obama nor I support redefining from a civil side what constitutes marriage. We do not support that. That is basically the decision to be able to be left to faiths and people who practice their faiths the determination what you call it."

This is not Sarah Palin's position, or anything like it. In fact, this logic, if implemented, would be fatal to the religious right's effort to stamp out same-sex marriage.

The problem for conservatives on this issue is that they have to win every fight. To keep same-sex marriages from continuing to spread, they need to keep the laws of every state on their side. As we have already seen, that's a tough thing to do, and any failure makes the job tougher, not only by getting people used to sharing the country with same-sex married couples but also by opening up the middle ground that New York now occupies in recognizing same-sex married couples from other states.

The only way to stop this is to redefine from the civil side what constitutes marriage, by means of a federal constitutional amendment or a series of amendments to state constitutions. And that, of course, is precisely the measure that Biden says he and Obama oppose. This step is important in itself: if I read it correctly, it amounts to the statement, "No, I don't support same-sex marriages, but they're already happening, and we're not going to do anything to stop them."

The second step, however, is even more interesting. After stating clearly that he advocates full equality in everything but the term "marriage," Biden says that he would leave the terminology in the hands of "faiths and people who practice their faiths." We're so used to high-profile religious opinions opposing same-sex marriage that we can miss the implications of that statement. If you give same-sex partnerships full legal equality and then let churches decide what those partnerships are called, then to abolish same-sex marriage, conservatives need to keep every religious organization on their side--which is patently impossible. There are already liberal religious groups with clergy sympathetic to same-sex marriage, and if there aren't enough of them to serve the purpose, more would surely spring up.

Therefore, the position Biden articulated was, in defiance of Ifill's prompt, packed with nuance. Various commentators, from Carl Bernstein to the right-wing CNSNews, have suspected (and in the latter case, documented) that Biden and Obama actually want to create more opportunities for same-sex couples to marry. What they have not realized is that Biden signaled that desire in the very comments to which they refer.

As a supporter of gay rights, I am pained to hear politicians say no, they don't support gay marriage. But if Biden must do that, I am heartened that he seems in the next breath to articulate a strategy of resistance to and, before long, victory over the right's opposition.

"Palin, Biden agree on gay rights at debate"? No, they didn't. Good thing, too.

---


IFILL: The next round of -- pardon me, the next round of questions starts with you, Senator Biden. Do you support, as they do in Alaska, granting same-sex benefits to couples?

BIDEN: Absolutely. Do I support granting same-sex benefits? Absolutely positively. Look, in an Obama-Biden administration, there will be absolutely no distinction from a constitutional standpoint or a legal standpoint between a same-sex and a heterosexual couple.

The fact of the matter is that under the Constitution we should be granted -- same-sex couples should be able to have visitation rights in the hospitals, joint ownership of property, life insurance policies, et cetera. That's only fair.

It's what the Constitution calls for. And so we do support it. We do support making sure that committed couples in a same-sex marriage are guaranteed the same constitutional benefits as it relates to their property rights, their rights of visitation, their rights to insurance, their rights of ownership as heterosexual couples do.

IFILL: Governor, would you support expanding that beyond Alaska to the rest of the nation?

PALIN: Well, not if it goes closer and closer towards redefining the traditional definition of marriage between one man and one woman. And unfortunately that's sometimes where those steps lead.

But I also want to clarify, if there's any kind of suggestion at all from my answer that I would be anything but tolerant of adults in America choosing their partners, choosing relationships that they deem best for themselves, you know, I am tolerant and I have a very diverse family and group of friends and even within that group you would see some who may not agree with me on this issue, some very dear friends who don't agree with me on this issue.

But in that tolerance also, no one would ever propose, not in a McCain-Palin administration, to do anything to prohibit, say, visitations in a hospital or contracts being signed, negotiated between parties.

But I will tell Americans straight up that I don't support defining marriage as anything but between one man and one woman, and I think through nuances we can go round and round about what that actually means.

But I'm being as straight up with Americans as I can in my non- support for anything but a traditional definition of marriage.

IFILL: Let's try to avoid nuance, Senator. Do you support gay marriage?

BIDEN: No. Barack Obama nor I support redefining from a civil side what constitutes marriage. We do not support that. That is basically the decision to be able to be able to be left to faiths and people who practice their faiths the determination what you call it.

The bottom line though is, and I'm glad to hear the governor, I take her at her word, obviously, that she think there should be no civil rights distinction, none whatsoever, between a committed gay couple and a committed heterosexual couple. If that's the case, we really don't have a difference.

IFILL: Is that what you said?

PALIN: Your question to him was whether he supported gay marriage and my answer is the same as his and it is that I do not.

IFILL: Wonderful. You agree. On that note, let's move to foreign policy.

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