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moral differences are for all Vermonters to wrestle with in the privacy
of their spiritual domain."
That's good writing.
At least it is according
to the totally nonbiased Pulitzer Prize committee. The author of that
paragraph, David Moats, editorial-page editor of the Rutland Herald
(Vt.), was awarded the Pulitzer Prize for his "evenhanded and influential
series of editorials commenting on the divisive issues arising from civil
unions for same-sex couples."
The Pulitzer committee
evidently has a penchant for illiterate compositions packed with run-on
sentences, verbs and nouns that don't agree, multiple prepositions, legal
errors, and cloudy thoughts. It is wholly coincidental that the gist of
these turgid, gaseous editorials was to support gay marriage.
That "spiritual
domain" number was one of the sentences highlighted by the New
York Times as an example of Mr. Moats's "plain-spoken" editorials.
Not to be a stickler, but differences in morality — differences
that "exist today" and "will continue to exist" —
cannot be "wrestled with" in private. Any wrestling of differences
has to occur among the people who disagree. The moral opinions themselves
can be wrestled with in private, but not the differences.
Masking the illiteracy
of his sentences with excess verbiage, Mr. Moats writes: "What the
House required was not more finely calibrated gauges of public opinion,
but the power to weigh the opinion it heard against the requirements of
the law."
So, the House required
the power to weigh opinions? What kind of legislature does Vermont have
if it doesn't already have the power to weigh opinions? Doesn't Mr. Moats
mean the House needed to weigh opinions, and not that it "required"
the "power" to weigh opinions?
In another felicitous
turn of phrase, Mr. Moats describes the gay marriage bill as "extending
fair treatment to neighbors who have had to conduct their personal lives
in a shadow of discrimination." If gays — or neighbors conducting
personal lives — are only in the shadow of discrimination, whose discrimination
is casting the shadow? Who's really being discriminated against up there?
Mr. Moats egged on
the Vermont legislature, saying, "The confidence of their own convictions
ought to serve as their best shield against criticism." Convictions
can't have confidence, self-assurance, low self-esteem or bad hair days.
Convictions can give humans confidence or humans can have confidence in
their convictions. There cannot be confidence of convictions.
He continued: "The
swift, sure action they have taken ought to serve as the best protection
against the deep division that a protracted conflict would create."
If the legislature has already avoided a protracted conflict, it has also
avoided the consequences of a protracted conflict. No "protection"
is necessary. By taking "swift, sure action" the legislature
has thoroughly bypassed the fallout from not taking "swift, sure
action."
In another profundity,
Mr. Moats writes: "By establishing the principle that same-sex couples
have equal rights, the court has set down a benchmark."
No, no, no! A "benchmark"
is a point of reference for making measurements. If the court had required
gay marriages to be made legal by a certain date or ruled that homosexuals
were entitled to one-half of the rights of heterosexuals, those would
be benchmarks. Simply announcing that homosexuals have equal rights is
a principle, a holding, a hard-and-fast requirement. (Moreover, if "benchmark"
meant what Mr. Moats thinks it means, that sentence would read: "By
establishing a principle, the court has established a principle.")
Mr. Moats's dazzling
writing style is matched only by his impressive legal acumen. He stated
that it is "likely" that the U.S. Supreme Court will strike
down the Defense of Marriage Act, which permits states not to recognize
gay marriages consummated in other states.
While it's always
dangerous to make predictions about what the inventors of Roe vs.
Wade might discover lurking in the "penumbras" of the
Constitution, it can be categorically stated: There is zero possibility
that the Supreme Court will find the Defense of Marriage Act unconstitutional.
The Full Faith and
Credit Clause gives Congress express authority to determine the effect
to be given state laws in other states. Congress's exercise of that authority
has been repeatedly upheld in analogous cases. That law is so bulletproof,
I highly doubt that anyone would be stupid enough to bother challenging
it.
In the six months
before Mr. Moats won a Pulitzer for his "influential" editorials,
seven state senators and 29 House members who supported the law retired
or were defeated, the Vermont House of Representatives passed a bill repealing
the gay-rights law, and the governor who signed the gay-marriage law saw
his approval ratings fall from 63 percent to 41 percent.
The editorials were
highly influential, however, with the Pulitzer Prize committee. As Mr.
Moats might put it: Those linguistic differences were not for all Pulitzer
committee members to wrestle with in the privacy of their ideological
domain.
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