Over the years, there have been milestones in our community's history that have dramatically affected our journey. Certainly we can count Stonewall up near the top followed closely by the HIV/AIDS epidemic. The blitz of Anita Bryant introducing the ballot box as a way to take away human rights has haunted us since the late 1970's. The election of Bill Clinton jump-started an entire new belief and faith in the political system as a vehicle to freedom.
For this generation of young LGBT citizens, it has the be the passage of Proposition 8 in California that shook them to their very core. Without question it has been a pivotal moment in the modern day LGBT movement: our largest state creating an entire separate amendment in its Constitution that only applies to LGBT people. This appalling and systematic oppression of LGBT Americans has had an impact across the nation.
In many ways, the world will not be in order for us until that amendment is taken out California's Constitution. Just how to do it comes the rub.
Clearly the case filed against Proposition 8 by the American Foundation for Equal Rights gives us great hope that it might be overturned in the federal courts. The consensus is that Judge Vaughn Walker is likely to issue a ruling in the very near future and there is hope it will be favorable. Either way, the case is likely to be appealed to the next level. The process could take a year or more to work its way to the United States Supreme Court.
Here is the dilemma: Do we put all of our hope in the court case and let the opportunity for repeal in 2012 pass? If we are to proceed with placing it on the ballot we must start preparations now including structure, fundraising and strategy. We have learned in the first go-around the importance of inclusion and transparency in the process. The organizers of any repeal effort must gain the trust of the national LGBT community before proceeding.
There are a couple of important points that must be shared in making this decision:
1. Can We Win?: Absolutely we can repeal Proposition 8 if it is done correctly. There has been some polling suggesting that we really didn't move any voters in the last campaign. That might be true but that is not because we can't move voters through the process but more a reflection of the campaign. Clearly we have moved voters before in come-from-behind races with even fewer resources in both Proposition 6 and Proposition 64. Both were widely ahead and we defeated both of them in California.
2. Major Donors: If we decide to proceed this year, our major donors must be a war chest up front instead of holding back to see how the campaign unfolds. If we are going to seek repeal then lets do it right and give the campaign the resources to do it effectively.
3. Remember It Is A Campaign Not A Movement: This is about politics and not about statewide organization building nor fashioning a movement. There is only one reason to do a campaign and that is to win. The community has to brace itself for a rough and tumble campaign and get over the fact that we want people to like us or approve of us. That can come later; it is about coming up with a winning political strategy and holding to it. The best result is always victory.
4. Bring In The Best And Brightest: There are a number of Democratic and Republican consultants deeply committed to marriage equality. An advisory committee of three to five of them should work with the campaign structure to reassure the community we are running a winning campaign.
5. Ironically It Is NOT About Us Winning But Them Losing: In both winning campaigns before, we didn't convince voters we were wonderful people deserving rights, we convinced them that if they didn't stop the proposition that they would be the losers. That this wasn't an up and down vote on equal rights for the LGBT community but a one where all people would lose something.
6. Leave Our Comfort Zone: Winning campaigns are not won by us feeling comfortable or good about ourselves. Being 'politically pure' is not the best way to proceed. As much as that sounds good, the real key is to build alliances with supporters with whom we normally would never find much common ground. Without a doubt, the turning point in Proposition 6 was the endorsement of then-Governor Ronald Reagan. Clearly we lost some ground in our failure last time to put to maximum use of the endorsement of President Obama.
The key question remains is do we proceed or gamble and wait for the court case to work its way up the ladder? From a campaign viewpoint, it is clear that the best time to proceed is while Proposition 8 is front and center. The further we get away from the moment of its passage the more difficult it will be repeal in the near future. Waiting until we can convince 60% of the voters of our just cause before proceeding means I - and so many others - will be long gone before that is achieved.
Right now, quite honestly, I don't have the answer to that question but I sure know we need to be discussing it and doing so now.
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