"We needed those folks to contact their elected officials," he said, which they did, both before and after the vote. Lambda attorneys used a new strategy when they filed the case in Iowa: They included children of the couples as plaintiffs. They also called psychologists. "We took a lot of care in making as complete a record as possible of the social science of gay and lesbian parenting," Taylor said. In light of the New York court's 2006 decision against same-sex marriage that relied in part on "intuition" that children would be better off with a mother and a father (how many families lack one of those?), Lambda included statements from child development and other experts to make the case that children of gay and lesbian parents are just as well-adjusted as children of heterosexual parents.
This strategy to make things personal appears to be helping. The National Organization for Marriage launched a $1.5 million advertising campaign that included broadcasting the fear-mongering "The Gathering Storm," which claims that same-sex marriage will infringe the rights of straight people. The video, denounced by gay rights activists, is intended to encourage Iowans to pass a law to dismantle the ruling.
When the embarrassing audition tapes showed up on YouTube, revealing that the people talking about their fear of the darkness were actors, NOM requested the video's removal. To undo the Supreme Court's ruling, Iowans would have to amend their constitution. So far, Iowans have not persuaded legislators to introduce a bill to negate same-sex marriage in the state. In order to change the state constitution, the Legislature must vote on the issue in two separate years. It appears unlikely that the current Legislature, which is about to end its 2008-2009 session, will vote on it, meaning that it could be changed by 2012 at the earliest.
Vermont activists, including an organization called Vermont Freedom to Marry, took a similar approach. "We had frank discussions with people: I am gay and I am your neighbor and I am your farmer and I want the same rights that you have," said Jason Lorber, an openly gay state representative from Burlington. "In California, I don't think those discussions took place." California has a population of 38 million. Vermont, at 600,000, is smaller than San Francisco.
Now, attention is turning back to California, where the state Supreme Court is expected to make a ruling by early June on whether Proposition 8 is valid. The California constitution can be changed in two ways: through amendments and revisions. The amendment process is designed for ordinary changes, and can be done through the Legislature or through a signature collection that leads to a vote of the people. "California has an unusually low threshold for changing the constitution," Wolfson said.
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