What Was Really Taken Away

October 10, 2008

In today's Political Diary

California Pops the Question

Opponents of California's anti-gay marriage proposition have been playing hardball. Back in July, Attorney General Jerry Brown reworded the ballot measure to indicate an attempt to "eliminate the right of same-sex couples to marry," which supporters complained cast it in a harsh and negative light. Their preferred wording described Proposition 8 simply as reinstating in the state constitution a definition of marriage as between a man and a woman.

Now supporters are hitting back with a new ad campaign that looks like it's having a significant effect. According to a survey conducted last week for CBS, Prop. 8 has jumped out to a five-point lead, just 11 days after being down by the same margin.

A big reason appears to be a promotional effort by the National Organization for Marriage that reminds voters that a previous 2000 ballot initiative had been supported by 61% of voters but was overturned by "four activist judges" last May. The ad campaign also emphasizes the heavy-handed approach used by same-sex marriage supporters. One ad features San Francisco Mayor Gavin Newsom saying same-sex marriage is here "whether you like it or not."

Referendums are notoriously difficult to poll, and the numbers are likely to remain volatile. But the "take it or leave it" attitude of the State Supreme Court, as well as Attorney General Brown and Mayor Newsom, seems to have handed Prop. 8's supporters a powerful rhetoric weapon. Mr. Brown wanted voters to interpret the proposition as taking something away. NOM's new campaign argues that what was really taken away is Californians' right to vote for policies they support.

-- Brian M. Carney