The value of truth

I want to believe that telling the truth matters.  Advocates who have any belief in democracy as a value have to think that if people only knew what they know they’d agree.  Activists take on a public education job when they take on a cause, and they should have little reason to lie.

This past week, however, shows both the temptations and risks of cutting corners on the facts.

First, there was the extraordinary Kony 2012 video, sponsored by Invisible ChildrenDozens of people from diverse networks forwarded me links to the viral video, and I wasn’t alone.  At this moment, youtube counts more than 82 million views.  This is amazing.  Justin Bieber, with 18 million followers of his own, tweeted in support of a campaign to stop Kony, and forwarded the video, as did other celebrities.  This was certainly the first many Americans heard of Kony and the Lord’s Resistance Army.  Kony is a true villain by any definition, and awareness IS important.

But: the video isn’t exactly accurate on details, and maybe not as helpful as it could be about describing potential courses of action.  In a transparently manipulative way, the filmmaker, Jason Russell, described Kony’s abduction of children to his preschool son on camera.  The video overstated the size of the LRA, and ignored Uganda’s success in driving Kony’s forces out of the country.  The prime strategy for action was donating money to Russell’s organization, Invisible Children.

But 82 million hits??? Are some corners worth cutting or facts worth shading to get the story out to so many people?  Surely, they’ll be in a position to learn more eventually.  But the public debate quickly turned away from Kony to the distortions in the video, and ultimately to Russell himself, who hurt the cause by appearing naked on the streets of San Diego.  It remains to be seen whether all the awareness he generated evaporates in confusion or disgust.

Another variant of this problem is Mike Daisey’s story about the production of iphones in China.  Daisey had been performing a monologue ostensibly detailing his investigations of the lives of Chinese workers making the iphone.  This American Life, a wonderful weekly radio show, excerpted Daisey’s show and presented it, generating more attention than any previous episode in more than ten years on the air.  Partly as a result, activists staged protests about Apple’s labor practices to coincide with the release of the Ipad 3.  (By itself, this opportunistic protest should have been good fodder for politics outdoors.)

Daisey dramatically portrayed the difficulties and dangers Chinese workers face, including extremely long shifts, unsafe factory conditions, low wages, and child labor.  None of the wrongs were invented out of whole cloth, but the monologuist fabricated interviews, visits, child workers, poisoned workers, union organizers, and telescoped dates and events.

This American Life issued its first retraction.  Although the show often presents fiction, it is always labeled as fiction.  (Indeed, fiction labeled as such can be extraordinarily effective in dramatizing a cause.  Harriet Beecher Stowe could readily acknowledge inventing Uncle Tom without compromising the moral truth of her story.)

In the full hour devoted to explaining and apologizing for running the story, host Ira Glass interviewed Daisey, who repeatedly announced that he was apologizing, but explained that he stood by the “theatrical truth” of his monologue.  It’s about generating attention and a feeling, he said.  He’s not a journalist, he explained, but an emotional storyteller.

Again, the spotlight shifted from Apple, outsourcing, and labor practices to the veracity of the narrator.  Is buying from Apple as bad as lying?

These are particularly dramatic examples of a practice that just isn’t that unusual: distorting truth to craft a story that generates support for your side.  (Indeed, the recently departed Andrew Breitbart, was proud of his skills at taking snippets out of context to present a dramatic–and less than accurate–slice of reality.)  The temptation to improve a story to make a point you judge to be more important is obvious; the risks of doing so are forfeiting your credibility and undermining your cause when the distortions come out.

Let me confess that my job as a professor biases my outlook; I’m completely invested in finding real answers and in using accurate information.  I want to believe that telling the truth helps in the end, and that lying will ultimately backfire.

Alas, the evidence isn’t really all that strong.  It’s one thing to use harsh and nasty language about your political enemies; that’s a seamy part of the deal of engaging in public life.  And well-intentioned people can differ about appropriate responses to climate change, the most just or advantageous level of taxation or the morality of abortion.

But honest and well-intentioned people can agree about the scientific consensus on climate change or on historic levels of taxation.  Agreeing on the facts makes meaningful political debate possible.  To the extent that advocates offer distortions or lies that deem to be advantageous for the short-term, they undermine the prospects for real democratic governance.  Unfortunately, they may help themselves by doing so.

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George Clooney does politics outdoors–and indoors

George Clooney was arrested this morning in Washington, DC, protesting outside Sudan’s embassy.  They trespassed to call attention to President Omar Hassan Al-Bashir’s military blockade preventing food and humanitarian aid from getting to people on the border of Sudan and South Sudan.  (See reports here, here, here, and here.)

Clooney wasn’t alone.  The police also slapped plastic handcuffs on his father, Nick Clooney, as well as activists John Prendergast (Enough Project), Benjamin Jealous (NAACP), and Martin Luther King III.  The arrested also included Democratic members of the House of Representatives James Moran (Virginia), Jim McGovern (MA), John Olver (MA), and Al Green (TX).

Clooney himself had testified before the Senate Foreign Relations Committee on the same issue on Wednesday.

There are a couple of obvious and interesting questions here:

Why is George Clooney, who’s made his reputation and his money in the entertainment industry, becoming the most visible person calling for new policies toward Africa?  Should we pay attention to celebrities on difficult and complicated issues?  And why do people who have access to mainstream politics institutions resort to civil disobedience to make their claims?

Celebrities in American political life, of course, is nothing new.  Making a good living as an actor, athlete, or singer doesn’t mandate the sacrifice of one’s responsibilities and liberties as a citizen.  And people with disproportionate access to money and

Sidney Poitier, Harry Belafonte, and Charlton Heston at the March on Washington, 1963.

publicity can do more than most citizens to bring attention to an issue, alternative, or organization.  (ABC’s Dana Hughes uses the Clooney story to discuss the larger issues of celebrities in politics, which includes some comments from me, misidentified as “David Meyers.”)  A star like George Clooney brings a spotlight with him, and here Clooney has decided to use it to turn attention to Sudan.

George Clooney has never been elected to anything.  He can’t demand to testify before a Senate committee, nor can he compel the Senate to pay attention.  But Foreign Relations Chair Senator John Kerry (D-MA) knows that his ideas will get more attention coming out of the famous actor’s mouth than his own–and Clooney cooperated.  This is smart politics for everyone concerned.  They didn’t stop there.

Why the arrest?  Clooney was heard in Congress.  Presumably, even members of the minority in the House can be heard as well.

There’s a battle for public attention that is every bit as important as the battles within Congress, and it’s even more difficult than campaigns about health insurance or birth control to get public attention.  By taking politics outdoors, to the steps of Sudan’s embassy, George Clooney and his allies brought attention to their concerns not only to network news and large newspapers, but also People magazine.  Americans who can’t locate Sudan on a map will learn the name of Omar Hassan Al-Bashir, creating possibilities and pressures for further campaigns and political action.

The windows of possibility don’t open very wide or very often on policy toward Africa, but a campaign like this creates a moment.  George Clooney’s presence means it will reach a little more broadly into American life and list a little bit longer than it would without him.

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Portland and the future of social movements

I’m excited to participate in a discussion on the future of social movements and citizen power tomorrow night.  Oregon Humanities is sponsoring the event at the Mission Theater and Pub, 1624 NW Glisan St., Portland, part of its “Think and Drink” series.  I’ll be talking with Bob Liebman (Portland State University, sociology and urban studies) and Rich Read, a Pulitzer prize winning journalist at The Oregonian.  I expect it to be hyper-interesting and fun.

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Who’ll Occupy education?

Protests against tuition hikes and program in public education and service cuts have become more frequent and more intense as state budgets have tightened.  It’s awful everywhere–and worse in California (e.g. ), where an old tradition of the state supporting access to a low (or no) tuition/high quality education for its top students has been eroding for some time.

On Monday, in coordination with a national day of action on education, several groups staged protests in Sacramento about current–and proposed–cuts to spending on education.  Thousands of protesters, including the formal groups representing California students at the community colleges, state colleges, and state universities, as well as labor groups and numerous Occupy groups, participated, bringing shared concerns and sharp differences on long term goals and tactics.  At least 70 students were arrested for refusing to leave the Capitol.

Governor Brown, who has already cut spending for every level of public education in California, sees more cuts on the horizon, as state revenues have fallen below projections.  He expressed sympathy for the students, and tried to turn the protests to his own purposes.  He released a statement pointing those concerned with education to his proposal for new temporary taxes to balance the state budget:

The students today are reflecting the frustrations of millions of Californians who have seen their public schools and universities eroded year after year.  That’s why it’s imperative that we get more tax revenue this November.

Some of the student groups support new taxes, but have rallied behind an alternative proposal which earmarks the new revenue for education.  Others are trying to avoid specific proposals, and just trying to urge the Legislature–as forcefully as possible–to fund education adequately.  Some of the students lobbied legislators, and were pleased to have elected officials speak to them and offer support.

Others, including Refund California and Occupy Education California, were wary about the legislators’ support and politics as usual.  To be sure, polls suggest that approving a new tax, even a temporary one, through a referendum will be an uphill battle.

Occupy brings new energies and new activists into the campaign for education funding, but it does more than that.  By framing the education campaign as part of a larger struggle against inequality, the Occupy protesters make for a more ambitious movement, one that won’t be willing to fund education at the expense of, for example, the already stingy Medical program.  (Governor Brown has been lobbying, unsuccessfully, for the Federal government to allow him to cut Medicaid spending even more sharply.)

Old school interest group politics is based on focusing narrowly on your organization and constituency, letting government sort out competing pressures.  Occupy pushes for a larger political vision, one which seeks to stop their government from playing one vulnerable constituency against another.

It’s a better analysis.  It remains to be seen if it’s a more effective strategy.

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Occupy education: uniting university student protest

University and college student protest returned yesterday (here and here).  Across California, at UC, Cal State, and even some high school campuses, students protested tuition hikes and program cuts, even as schools are raising tuition and cutting programs everywhere.  Now, the student protests are called “Occupy.”

You can see the broad trend in tuition below (from the College Board):

But it’s worse than this.  In public institutions, tuition hikes are accompanied by cuts in services, courses, and faculty, resulting in a, uh, compromised, educational experience.  Students who are working more hours off-campus to fund their educations are finding themselves closed out of classes they want or need, sitting in more crowded lecture halls, navigating reduced library hours and offerings, and seeing greater personal debt and dimmed career prospects on the horizon.

Access to high quality education, higher and otherwise, is a core equal opportunity issue.  Whatever Senator Rick Santorum says about snobbery or liberal professors indoctrinating youth, young people with college degrees are less likely to be unemployed than those without them; they’re still likely to earn more money and enjoy more stability as well.  (Of course, it’s worse for college grads than it used to be.)

When Occupy left public parks, usually not by activist choice, it spilled out into the range of issues and arenas that organize American life.  “Occupy” provided the language for a wide range of campaigns to reduce political and economic inequality.  The campus-based protests yesterday aren’t anything new, but framing them as part of a larger campaign for justice and reform is.

In Santa Cruz, Occupy turned out hundreds of students, made some interesting pictures, and canceled many classes.

Across California, the LA Times reports, turnouts were vigorous, but relatively small.  It’s a little early in the tuition hike cycle for student protests to take-off.  The challenge for Occupy is to find ways to inspire larger numbers of people to take up specific parts of the cause in the places they know best: housing, finance, work, and certainly, education.  The promise is of a multi-faceted, diverse, and powerful movement.

The risk is that these diverse efforts fail to generate the inspiration and attention of the Occupations.

It’s early yet.

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When the Snowe flies: Tea Party overreach?

When Senator Olympia Snowe, a moderate Republican, announced that she would not run for reelection, she demonstrated another of the difficult challenges that movement activists face when they engage electoral politics.  Senator Snowe would cut deals with the Democratic majority, and showed unpartisan flexibility in dealing with process, schedules, and budgets.  At the same time, she voted with the Republican Party almost all the time, and certainly on matters of organizing the Senate.

Apparently her vision of pragmatic conservative politics was compatible with Maine voters; experts, like 538’s Nate Silver, saw her reelection as extremely likely.   She had raised plenty of money already, and was hugely popular in the state.  (Silver notes, however, that the seat is now extremely likely to go to a Democrat, jeopardizing the Republican effort to take control of the Senate.)

For social movements, putative allies judged insufficiently resolute are attractive targets.  Conservatives call their more pragmatic members “RINOs,” that is, Republicans in Name Only, and have targeted them in primary campaigns.

Attacks on the least doctrinaire Republicans, like those who can win in swing districts, was one of the critical stories of the 2010 elections.  Sometimes, as in Utah (Mike Lee) and Kentucky (Rand Paul), conservatives replaced the choice of party regulars with more conservative alternatives and won.  In other cases, however, including Nevada, Delaware, and Colorado, they succeeded in nominating very conservative candidates who lost winnable races against Democrats.

Pragmatic politicians want numbers, and can work out details about loyalty later.  They understand that majorities organize the legislature and make policy, while resolute minorities can make statements and try to stall their opponents.

But primary challenges can have additional effects, and not only on those directly challenged.  Fearing a primary challenge, moderates are more likely to protect their flank, eschewing compromise and votes that might later need to be explained to a fundamentalist core that turns out to vote in primaries.

Senator Snowe was facing a primary challenge from a Tea Partier (Scott D’Amboise), like her colleagues Richard Lugar (Indiana) and Orrin Hatch (Utah).  Unlike Senator Snowe, Senators Lugar and Hatch would never have been called anything but conservative until this odd moment in American life.  They did, however, try to govern.  But the primary challenges worked: all three tacked to the right legislatively, paying attention to winning the support of their party first.  Senator Hatch even warned that if the Republicans gained the majority without him, Olympia Snowe would be chair of the Senate Finance Committee.

The primary challenges play out differently, depending upon context.  While Maine now seems primed to elect a Democrat to the Senate, Utah is virtually certain to elect a Republican senator, even if their candidate isn’t Orrin Hatch.  And Indiana is somewhere in between.

Few professional politicians would prefer to be part of a disciplined and unified minority than to participate in a broader coalition that governs.  Republican Senator Jim DeMint (South Carolina) is one of them.  Politico quotes Senator DeMint:

I don’t want to be in the majority if we don’t have bold ideas and that we’re going to reform government…I think the problem we have as a party is when we are so afraid of losing elections that we’re afraid to do the right thing. That’s what hurts us as Republicans. I think it’s the principles that people relate to.

The challenge we have is not that there’s not room in the party for different people, but there has got to be a party that recognizes that somehow we need to transition toward a smaller, less expensive government…And if there are people in the Republican Party who don’t think we have to do that, there’s probably not room for them.

If Republicans lose this election, Senator DeMint’s position on the longstanding purity versus pragmatism debate will become less and less popular.  Tea Party enthusiasm will have cost the Republican Party a seat in the Senate, and compromised its prospects for winning the Senate.  In the halls of Congress, Republican legislators are muttering about the need for activists to grow up and get realistic.

Voters, of course, face the same choices that movements do.  Holding your nose and voting for the “lesser evil” is another way of saying that you’re making pragmatic choices.  (Occupiers looking at President Obama in the Fall will face exactly that purity versus pragmatism choice.)  It’s not always pretty or appealing, but this is also what democracy looks like.

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Leaving the Tea Party (Patriots)?

Mark Meckler has just resigned from the leadership of the Tea Party Patriots, an organization he and Jenny Beth Martin, started in 2009.  Because Meckler was the most visible exponent of a fundamentalist grassroots orientation to political activism within the movement, it’s hard not to read these tea leaves to discover something larger about the movement.

Meckler tells a story of his activism that starts with him as a lawyer and small businessman in Northern California, generally disaffected from politics.   Rick Santelli’s rant on CNBC inspired him to take his family to an early Tea Party rally shortly after President Obama’s inauguration, and then build an independent non-partisan national organization to support grassroots activism.  It’s a good story.

But it’s not a complete story.  It edits out Meckler’s paid work as a political consultant for Republican candidates for office both before and during the Tea Party.  It also edits out his successful career as a distributor–and recruiter–for Herbalife, a nutritional supplements company that subsists through multi-level marketing.  (See Stephanie Mencimer’s 2010 profile at Mother Jones.)

Meckler’s role in the Tea Party was always to emphasize the grassroots.  Tea Party Patriots was the national organization that provided affiliations for local Tea Party groups, and promised support as well.  The TPP model was all about initiative from below, and working hard to avoid being coopted by the Republican Party or demanding Washington-based groups.  The vision of sustained democracy from below, explained very well by Jonathan Rauch, promised independence, autonomy, and true authenticity.  (In the article, Rauch quotes me as someone skeptical of this promise.)

Oddly, Meckler’s resignation coincides with the publication of his book, Tea Party Patriots: The Second American Revolution, co-authored with Jenny Beth Martin,  and the requisite publicity tour.

[Perhaps it’s less odd that it follows Meckler’s plea to “disorderly conduct” for trying to carry a gun and ammunition on a plane at LaGuardia airport.  Meckler declared the weapon, which he was licensed to carry in California–but not New York.  So much for local control.]

The Tea Party Patriots refused to work with Tea Party Express on candidate forums that included Mitt Romney, and criticized John Boehner for compromising with Democrats in the Senate and the Oval Office, most notably on raising the debt ceiling.  Perhaps it’s not surprising that Meckler and Martin survey the current Republican field of candidates and find them wanting.  From The Blaze:

“Nobody is satisfied with the candidates out there,” says Martin. “They’re all losers.”

Her other cofounder, Mark Meckler, doesn’t feel any different. “They’ve caved on every single point of principle since the Republican majority has taken over,” he says.

So why leave the grassroots-oriented group?

At the Daily Caller, Alex Pappas reports the Meckler was frustrated that the group was abandoning the grassroots, and that he had lost a leadership struggle to his co-author, Martin:

…Meckler told the state coordinators of Tea Party Patriots on Thursday night that he “fought long and hard” to maintain the group “as an organization that is run from the bottom up, with the intent of serving the grassroots.”

“Unfortunately, it is my belief that I have lost this fight,” Meckler said. “I probably fought the internal fight longer than I should have, but I wanted to give absolutely every possible effort to preserving what I believe was the unique nature of the TPP organization.”

Since the organization’s founding, Meckler has shared the role of national coordinator with co-founder Jenny Beth Martin. But Meckler wrote in the email that he had lost “influence in the leadership of the organization, and it has been that way for quite some time.”

Meckler said the board granted Martin “almost complete power over the day-to-day operations” in November 2011 after a “protracted fight in which I was complaining about the direction, operation (top-down) and finances of the organization.”

Details followed over the next few days.  Meckler charged that the national had become successful at raising and spending money, but not at supporting the grassroots groups.  He was angry in particular about $250,000 spent to co-sponsor a Republican primary debate, which–in addition to misusing funds, made it appear that TPP was hardly non-partisan or independent.  TPP, he said, “…felt like it had become much more a top down organization.”

I suspect more is on the way.

In the meantime, our first read is that the biggest promoter of the Tea Party as a decentralized grassroots movement has left the organization he started because it had become more focused on party politics and organizational influence–at the expense of the grassroots.

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Do movements own their crazies?

Meredith Lowell, a self-styled animal rights activist, was arrested Tuesday in Cleveland for contracting the murder of someone (almost anyone!) wearing fur.

Ms. Lowell made the initial solicitation on Facebook, offering somewhat less than $1,000 for a murder that would lead to her trial, an opportunity to make a public indictment of the fur industry, and the chance to move out of her family home, where parents and siblings ate meat and wore wool.  Apparently, she thought prison would be more congenial.

The FBI, which has directed some of the “war on terror” at direct action environmentalists and animal rights activists (see here and here), investigated a tip about the Facebook posting, and assigned an agent to follow up.  In a series of email exchanges, the agent negotiated payment for the murder.  Police arrested Lowell and she was charged with conspiracy to commit murder.

These events are not good news for animal rights activists.  At ABC News, Alyssa Newcomb reports:

Jennifer Kaden, co-founder of the Cleveland Animal Rights Alliance, said she checked her membership records and found that no one in her organization had ever dealt with Lowell, who she called “misguided” and “dangerous.”

“We’re all about advocating for peace and nonviolence,” she said. “We extend that to humans and animals.”

The energy, passion, and possibility of a vital social movement draws all kinds of people up in its wake, including troubled people who are using the cause to work out other issues.  Ms. Kaden and other animal activists don’t want to be discredited by an individual claiming identification while engaging in heinous acts.  Opponents of animal rights activism, however, have found their new poster child.

The problem isn’t peculiar to animal rights activism.  Tea Partiers saw people bringing guns and racist signs to their rallies.  Occupiers watched a picture of a self-identified Occupier pooping on a police car go viral.  Their opponents saw guns and racism were integral to the Tea Party appeal, and public defecation a clear expression of Occupy values.

And it gets even worse: Anti-abortion activists have been forced to explain how their efforts to preserve life have inspired a few men to bomb clinics or shoot doctors.

Social movements in America have a hard time exercising internal control.  The name and cause aren’t trademarked and solo actors can try to appropriate them–and movement rhetoric–to justify their choices.  Political opponents will hang the radical fringe on movements, and activists face the difficult task of disowning the crazies while promoting the cause.

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Movement influence: it’s not forever

The Nuclear Regulatory Commission voted to license two new nuclear reactors in Georgia, the first new licenses in more than 30 years.  Activists can’t count on social movement victories to be permanent, and activists that leave the field cede political advantage to their opponents.

The antinuclear movement in the United States, aided by a reactor accident at Three Mile Island, drove up the costs and difficulties of building new reactors so much that new licenses were so unattractive as to become almost unattainable.  (But most of the reactors operating in 1978 continued–and continue–to generate power and waste.)

Meanwhile:

concerns about global warming have undermined some of the opposition to nuclear power (which doesn’t generate greenhouse gases);

fears of rising energy costs have made nuclear power appear more viable economically;

an horrific reactor accident at Fukushima, Japan, has scared publics around the world;

and Germany has committed to end nuclear power within the decade.

It’s not clear how all this added up to licensing new plants in the US–and it’s completely unclear that the plants, estimated to cost the Southern Company another $10 billion–on top of the $4 billion it’s already spent–will actually be built and commence operations.

Much will depend on whether the antinuclear power movement, which has been mostly quiet in America for the past three decades–will re-emerge and mobilize.  The movement of the 1960s was led by local activists staging campaigns against specific plants.  We’ll watch to see who picks up its banner in Georgia.  Will Georgians organize to oppose the plant and the rising energy bills they’ll be saddled with?  Will national groups, like the Natural Resources Defense Council, give a campaign against nuclear power some space on its broad agenda?

The first step in a battle that will surely span many years will be a lawsuit, already promised.  Mass politics and mobilization will follow only when organizers think it necessary–a last resort.

Movement victories are generally partial, often ambiguous, and almost always reversible.

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What courts can/ will do

Today’s news provides more data on the extent and limits of the judiciary as a venue for social movements:

A federal appellate panel (9th district) has upheld District Judge Vaughn R. Walker’s decision to strike down California’s ban on same sex marriage, passed by referendum in 2008 (Question 8).  Implementation of the ruling, which would again allow same sex couples to wed in California, has been suspended, pending certain appeal to the Supreme Court.

Also in California, an animal rights group, PETA, has filed suit seeking the release of orcas held in captivity by Sea World (in San Diego and in Orlando, Florida).  Attorney Jeffrey argued that keeping the whales violated the 13th amendment’s prohibition of slavery.   Federal District Judge Jeffrey Miller was, apparently, unimpressed, and concerned about the precedent of extending Constitutional protections to non-humans.

The text of the 13th amendment, passed after the Civil War, reads:

1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

2. Congress shall have power to enforce this article by appropriate legislation.

You’ll note that the text of the amendment doesn’t specify citizens–or persons, but the argument requires a very sympathetic and adventurous judge.  If the orcas, forced to perform for paying customers, are found to be slaves, then what of cows herded into slaughterhouses?  or even my cat, kept inside when she’d prefer to go out?

Activists always maintain the hope of finding a friend on the bench who can obviate the political obstacles that all causes face.  As we’ve discussed here, they’re invariably disappointed.  Judges try to rule on the law and the Constitution, not morality or the wisdom of a policy.  Activists are often creative in stretching the language of the text or ignoring precedent to try to argue for what they want.  Even if judges rule as they prefer, they are still dependent upon the cooperation of other branches of government.  (Thus, you can’t count on the courts….)

Marriage equality advocates will celebrate this ruling, even acknowledging its limitations (it does not find a Constitutional right to same sex marriage).  But tomorrow, they’ll be busy preparing for the appeal–and continuing to lobby, demonstrate, organize, and vote for marriage equality across the states, while they counter the hostile rhetoric of presidential candidates taking offense at the ruling.  If all goes well, a long and difficult road lies ahead.

PETA and animal rights advocates, at best, face a less hospitable landscape, although the court case does provide a chance to make their arguments to a broader public.  The legal filing gives media the chance to present an entertaining and dramatic (if Constitutionally, uh, suspect) argument along with a picture of an orca.  It’s a good story.

Both activist groups will ultimately have to depend upon convincing Americans to agree with the merits and justice of their positions.  Recall that in 2008, when 52% of Californians votes to end same sex marriage, 63% of Californians voted to mandate more humane treatment of farm animals.

Of course, whales don’t vote.

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