Tag: Greg Abbott

Greg Abbott Tells Fifth Circuit Court That Gay Marriage Won’t Stop Heterosexual Irresponsibility

In a brief filed to the Fifth Circuit Court of Appeals on Friday, Texas attorney general Greg Abbott says that the state’s gay marriage ban may help to reduce out-of-wedlock births:

Texas’s marriage laws are rationally related to the State’s interest in reducing unplanned out-of-wedlock births. By channeling procreative heterosexual intercourse into marriage, Texas’s marriage laws reduce unplanned out-of-wedlock births and the costs that those births impose on society. Recognizing same-sex marriage does not advance this interest because same-sex unions do not result in pregnancy.

As I’ve written before, this is a remarkably confused argument. There are costs to out-of-wedlock births. Too many children grow up without two parents and are less likely to graduate from high school, less likely to find stable jobs, and more likely to engage in crime and welfare dependency. All real problems. Which have nothing to do with bans on same-sex marriage. One thing gay couples are not doing is filling the world with fatherless children. Indeed, it’s hard to imagine that allowing more people to make the emotional and financial commitments of marriage could cause family breakdown or welfare spending.

The brief repeatedly says that “same-sex marriage fails to advance the State’s interest in reducing unplanned out-of-wedlock births.” Well, that may be true. But lots of state policies fail to advance that particular interest, from hunting licenses to corporate welfare. Presumably Abbott doesn’t oppose them because they don’t serve that particular purpose.

The brief does note that same-sex marriage may very well produce other societal benefits, such as increasing household wealth or providing a stable environment for children raised by same-sex couples [or] increasing adoptions.” But the attorney general wants to hang the state’s ten-gallon hat on the point that it won’t reduce out-of-wedlock births by opposite-sex couples.

In a previous case, Judge Richard Posner declared that the states of Indiana and Wisconsin had not produced any rational basis for banning gay marriage. Attorney General Abbott seems determined to prove him right.

Internet Censorship

On August 24th, the Attorneys General of 17 states sent a letter [PDF] to the founder and CEO of the Craigslist online platform, to “request” that they take down the “Adult Services” section of the site. The link to that section of the site now stands with a “CENSORED” label over the place where the link stood.

On the TechLiberationFront blog, Ryan Radia has a good write-up, including the legal protections Craigslist enjoys under federal law as a provider of an “interactive computer service.” The AGs undoubtedly know that could not directly shut down Craigslist. They wouldn’t have a legal leg to stand on if they attacked the site for the behavior of its users. But they also know that publically badgering Craigslist can win them political points and cut into the site’s image, profits, and ultimately, perhaps, viability. Several Attorneys General have doggedly asked Craigslist to patrol the behavior of its millions of users, never satisfied with the company’s efforts.

The turning point seems to have been a CNN “ambush” interview with Craigslist founder Craig Newmark in which reporter Amber Lyon sprung a terrific gotcha line, calling Craigslist “the Wal-Mart of online sex trafficking.” It’s a sound-bite with just enough truth: In a community of millions of people, there may be some such trafficking.

Newmark is an unusual character in any world, but especially in media and politics. He is meek, soft-spoken, and utterly guileless. A part of West-Coast tech’s recent interest in East-Coast government and politics, Newmark sought me ought a few months ago for a wide-ranging, ambling, and—for those reasons—charming chat.

Newmark was utterly caught off guard by the interview with the CNN reporter. The tape rolls through painfully awkward moments when Newmark remains simply silent or paces around, making him look stupid, mendacious, or both. (His comment on the interview is here, to which Lyon responds in the video linked above at “ambush.”)

The AGs smelled blood in the water. Their letter pounces on Craigslist and Craig Newmark’s inartful performance.

So the next step is the “CENSORED” block on Craigslist’s “Adult Services” section. Perhaps it’s meant to engender support for First Amendment rights, and to an extent it has. Early returns show support for Craigslist. But it may also create an expectation that large Web sites on which a tiny minority of people abuse speech rights to plan and execute crime may lose their speech protections themselves.

In case it needs pointing out, shutting down a Web site, or the portion of a Web site, on which people plan crime will only move crime to other places on the Internet. The cost to free speech in the AGs’ badgering of Craigslist vastly outweighs the infinitesimal crime-prevention benefit.

The Attorneys General sacrificing speech this way are: Richard Blumenthal (D) of Connecticut (a candidate for U.S. Senate), Dustin McDaniel (D) of Arkansas, Lawrence G. Wasden (R) of Idaho, Lisa Madigan (D) of Illinois, Tom Miller (D) of Iowa, Steve Six (D) of Kansas, Douglas F. Gansler (D) of Maryland, Mike Cox (R) of Michigan, Jim Hood (D) of Mississippi, Chris Koster (D) of Missouri, Michael A. Delaney (D) of New Hampshire, Richard Cordray (D) of Ohio, Patrick C. Lynch (D) of Rhode Island, Henry McMaster (R) of South Carolina, Robert E. Cooper, Jr. (D) of Tennessee, Greg Abbott (R) of Texas, and Kenneth T. Cuccinelli, II (R) of Virginia.