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by Tony Marco
Despite National Media Cover-Ups, Gay Militancy Faces An Uphill Battle
- Gay militants are stretched condom-thin financially. Their national PAC, the Human Rights Campaign Fund, has already spent well over double its projected 1992-'93 budget in just the first six months of this fiscal year -- largely due to legal and other expenses involved in battling Colorado's Amendment 2 and other like initiatives.
- At least eight (not seven) States are up-and-running with statewide Amendment 2-style "clone" campaigns -- with another dozen State campaigns in active planning stages. Gay militants will be forced to outspend these campaigns at least 2-1 -- stretching gay militants' political dollar resources even further. By gay militants' own admission, several of these campaigns feature "gay rights"-proscribing language far less vulnerable to legal interpretive distortion than Colorado's Amendment 2 (see "The Case Against Amendment 2," The Boulder [CO] Weekly, Dec. 16, 1993, p. 9).
- Recent, key U.S. and California Supreme Court decisions ("Jantz vs. Muci" and California's "Delaney" decision), though ignored by the national media, seriously undercut gay militants' claim to protected class status -- on grounds that bode well for the eventual U.S. Supreme Court survival of Colorado's Amendment 2.
- As we have indicated earlier, leading gay journalists are conceding gay militants' four-decades-old strategy; in so doing, suggesting the abandonment of the "gay rights" movement as it has been known (and opposed) for decades.
- This paper's author believes that the U.S. Supreme Court will finally decide the "gay rights" issue with this question: Does homosexual, bisexual and/or lesbian "orientation," as gay militants themselves define "orientation," provide a rational basis on which to identify classes of people for civil rights purposes? If so, i.e., if "gayness" can be positively identified for civil rights purposes, gays as an entire class may some day successfully meet High Court criteria ruling protected class or suspect status and take their place with other, legitimate, minority groups. If not, i.e., if no basis can be discovered on which to award gays civil rights status based on alleged sexual fantasy alone, even gay militants admit that no First or Fourteenth Amendment, free speech or equal protection arguments raised in gays' defense will avail against "gay rights" opponents. Without a rational means of identifying itself, a class of people remains a non-class for civil rights purposes -- and a non-class cannot be "discriminated against."
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Updated: 13 July 2002