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BOOK REVIEW

Civil Wars

A Battle for Gay Marriage

by David Moats

Harcourt - 2004

Reviewed by Dr. Jonathan Dolhenty

 

David Moats is the editorial page editor of the Rutland Herald who won a Pulitzer Prize for his editorials in support of gay marriage. Civil Wars, his book on the subject, reads more like a novel in the thriller genre than a nonfictional account of the judicial and legislative battle over same-sex unions which occurred in the state of Vermont in 2000. In that year the "Green Mountain State" became the first state to grant gay and lesbian couples the right to join in civil unions. In the Prologue to his book, Moats asks the question: "How did such a thing happen in Vermont?" The rest of the book is devoted to providing an answer.

Civil Wars:
A Battle for Gay Marriage,
by David Moats

On Monday, December 20, 1999, the Vermont Supreme Court rendered its decision in a case brought before it over a year previously. It was a controversial case where the Court was being urged to establish that gay and lesbian couples had the right to marry. The opinion issued by the Court, however, was both a win and a loss for the proponents of gay marriage. While recognizing that the issue was secular rather than religious and that denying marriage to gays violated the Common Benefits Clause of the Vermont Constitution, the Court ruled that the final disposition of the matter should rest with the state legislature. In a surprising move, the Court had moved the controversy from the judicial realm to the political arena. As a result a new and even more vigorous conflict would ensue.

The narrative that unfolds has all the elements of a good drama: there is joy and sadness, there are high points and lowpoints, there are wins and losses, there are heroes, victims, and the occasional cad, whose behavior at times borders on the incomprehensible. The reader will first meet Beth Robinson, the determined attorney who argued the case before the Supreme Court, and then hear the personal stories of the plaintiffs who were courageous enough to come forward and attach their names to the legal action. The reader will also meet many members of the Vermont legislature, those that supported the move toward recognition of same-sex unions and those that opposed it. Their individual stories add a special and telling ingredient to the narrative as a whole. And, in what must be one of the most stirring parts of the book, the author lets the citizens of Vermont speak for themselves, those in favor of the change and those against it.

In my personal opinion, one of the highlights of the book occurs in Chapter Nine. It is really unrelated to the historical events which unfolded during the time the Vermont legislature was dealing with the gay marriage issue, but I think it is an enlightening sidebar to this controversial matter. Sharon Underwood, mother of a gay son, wrote an impassioned opinion piece which appeared in a local newspaper and expressed her anger, as Moats says, "about the hypocrisy and self-righteousness of those who had adopted a moral tone to condemn and attack their neighbors." In her op-ed, Ms. Underwood briefly relates some of the horrific things which happened to her son beginning at the age of six, simply because he was perceived to be "different." Her two-page story alone is worth the price of the book.

Moats is clearly aware of one of the most problematic aspects of the gay marriage issue. He points out early on that "In confronting the issue of gay marriage, the nation confronts a paradox of liberal democracy. The dignity of the individual was a moral value that rested on religious and philosophical traditions prevailing in eighteenth-century Britain and its colonies. Yet liberal democracy lifts that value into the secular realm, where it serves as the premise for equality and justice before the law."

This is an important point. Those who oppose any change in the marriage laws because of the Judeo-Christian tradition which they claim forms the foundation of our society fail to see that, while it is true that many of our moral beliefs are founded on Christian principles, our political framework and the theories underlying it are not. The political foundation of our society is firmly set on ideas derived from the secular, "pagan" cultures of ancient Greece and Rome. Our Republic must in the end be secular and inclusive, and our representative democracy must be fair and just to all citizens. And this may mean a recognition of the fundamental right to choose a marriage partner without interference from the state.

Is there anything missing in Moats' telling of the events he relates? I can think of at least two things I wished he would have explained more in detail but, in fairness to him, he may have considered them irrelevant to the issue at hand or he may have been unable to pursue them. One, I would have liked more information about the rationale of the Catholic legislators who, in apparent defiance of their bishop's directive, supported legalization of gay marriage. Secondly, I would have liked to know why Neil Randall, a Libertarian legislator, would join with Nancy Sheltra, leader of the House conservatives, to derail a domestic partnership bill and push for a constitutional amendment forbidding both gay marriage and domestic partnership. Libertarians are well-known for generally opposing state intervention in strictly personal matters. But, as any student of politics knows, politics makes for strange bedfellows.

In conclusion, this book is definitely not a one-sided partisan report on gay marriage. Although the author is clearly sympathetic to the legalization of gay marriage, he is eminently fair in describing both sides of the issue and in his evaluation of the characters on both sides of the matter. I would recommend his book to all those interested in a fair and balanced discussion of same-sex unions, regardless of the side one currently takes on this very divisive issue, which is sure to claim the attention of the public for some time to come.

 

You can order this book by clicking on the link below.

Civil Wars: A Battle for Gay Marriage, by David Moats


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