Beyond the Margins: The Brown Effect
Senator-Elect Scott Brown’s victory in Massachusetts this week not only potentially puts President Obama’s effort to reform the nation’s health-care system on the chopping block, but also carries with it the possibility to derail any meaningful legislation targeted towards LGBT people for years down the road.
The upset in Massachusetts this week after state attorney-general Martha Coakley failed to win the special election for the open US Senate seat of the late Sen. Edward Kennedy cannot be underestimated: considered one of the ‘bluest’ states in the union, the Bay State elected its first Republican senator in a generation. As a result shockwaves are now spreading throughout the Democratic caucus, as elected officials up for re-election attempt to interpret the defeat of a Democrat–albeit a Democrat that seemed truly uninterested in actually running for the seat–in a state like Massachusetts.
While many politicos and curious bystanders will spend the next couple of days and weeks combing over the campaign, reviewing what happened and coming up with reasons to explain why it happened, it is important to reflect on what impact this shift in political power will have on foreseeable gay-rights legislation. Let us call it the “Brown Effect.”
The dominant issue in the campaign was health-care reform. Scott Brown, who billed himself throughout the campaign as the 41st vote against President Obama’s legislative agenda, promised to vote against the final health-care bill that is currently being speedily stitched together by the White House and Democratic leadership. It can be, and will be, argued that Brown largely won because voters who had taken a risk on President Obama and his proposed policies became frustrated and disillusioned as they watched the legislative process play out.
On other issues, such as gun-control, abortion rights, and marriage-equality, Brown has actually articulated himself to be a rather moderate Republican. On marriage-equality specifically, Brown states that while he believes that “marriage is between one man and one woman,” he believes states should have the ability to decide the issue for themselves via the legislative process. This is a position very much akin to President Obama’s own feelings on the issue. Health-care reform aside, Brown has not demonstrated himself to be an obstructionist Republican like say a Sen. Chuck Grassley (R-IO) but rather a more, dare I say, liberal Lindsey Graham (R-SC).
What all of this means is that Scott Brown is ultimately not the most dangerous aspect of the Brown Effect. While his 41st vote does pose new hurdles for Democratic efforts on health-care reform and other efforts because of the filibuster gridlocked Senate, it is the affect his nomination will have on the Democratic caucus that potentially has the most damming effect, especially as it relates to issues like gay-rights, which have consistently served as fuel for social-conservative Republicans to stir up their base. And while issues like the economy, the employment rate, and health-care will be the dominant issues for the mid-term elections, the ability of social-conservative Republicans to use social-issues as wedge issues to sway voters cannot be ignored.
To be sure the Brown Effect was already in effect in Washington before Scott Brown came onto the national stage, but it had been waiting for the right event to come along to give it a name. Particularly, since last August we have consistently seen individual Democrats and the Democratic caucus take steps to the center-right in hopes of avoiding exactly what happened in Massachusetts on Tuesday: anti-incumbent and anti-liberal sentiment triggering a voter revolt in the polls.
For Democrats in swing-districts even the slimmest possibility of being painted as liberal, ‘leftist’, or progressive in this environment is politically risky. This is obviously bad for gay-rights legislation. The Democratic leadership has largely come to the aide of these at risk Democrats by promising them that once health-care gets passed (and now that is a big if) that it would stay clear of controversial issues.
While some Democrats such as Rep. Barney Frank (D-MA) and Sen. Carl Levin (D-MI) still continue to state their desires to either address an issue like Don’t Ask, Don’t Tell with a formal hearing (Levin), or put the repeal in the yearly Defense Department appropriations budget (Frank), the leadership, the White House, and (now formally) the Pentagon (which has implied it desires that any change in the policy should wait until at least 2012) have all suggested that these issues will be tabled until after the mid-term elections. Until that point, gay-rights activists will have to wait to see what the new political realities are in the wake of what seems to be a rough year for incumbent Democrats.
The future of gay-rights legislation now hangs in balance. With the Democratic Party following conventional wisdom and embracing the center, gay-rights advocates are likely to find themselves once again marginalized as the party switches into survival mode to maintain its majority status.
Then again, what else is new.


The “states should decide” argument is as bogus for marriage rights as it was for segregation and slavery. It’s a way to overlook the fact that majorities in some states want to continue doing the wrong thing. I suspect that people who support that argument are usually disingenuous.
Please forgive the apparent equivalence I draw between marriage rights and segregation or slavery–not my intention, but I can’t really think of another issue for which people argue for states’ rights on a moral issue.
As for Brown himself, he may either act like a party tool, and lose re-election in 2012 (is that when his special term expires?). Or he’ll be something more like Olympia Snowe and Susan Collins.
On the upside for gay rights, he’s one of very few Republicans elected on a national level that support civil unions. Which puts him to the right of Cheney, but to the left of 99% of Congressional Republicans.
The equivalence is not only fine, but appropriate, Raphael. The whole “leave it up the states” is a classic Republican cop out to avoid dealing with a issue by not resolving it but rather taking a neutral stance on issues that might be politically costly. The as part of the Republican platform is the proposal to pass a constitutional amendment defining marriage as between one man and one woman. If they truly believed that states should decide they would not try to pass the Federal Marriage Amendment, and could resolve the Full Faith and Credit Clause by an amendment like DOMA that does not restrict marriage but simply make it law that different states do not have to honor outside state laws that conflict with their marriage laws.
All of that being said, there is something to that argument and a purely constitutional and federal level. Majorities will be in favor of arguably immoral things, but that is the price we pay in a Democracy. Slavery was, and still is, immoral, and many people believed it was, but it was legal for years because abolitionists lacked the electoral numbers to defeat it until they passed the Reconstruction Amendments. We put in places amendments and laws to protect against the tyranny of the majority, but we should not confuse ourselves, the majority sets the agenda (unless you are talking about when Democrats are in charge of the Congress, that is the exception to the rule). That is why we need to convince the majority to get them on our side. Much like how Suffragettes campaign across the country and eventually passed the 19th Amendment and how Civil Rights Activists campaign in both the South and North to pass local laws and the Civil Rights Act of ‘64 and ‘68.
If he wants the chance to be re-elected he will be an independent Republican, and possibly even more moderate than Collins. And I don’t think gays really have that much to worry about from Brown as a Senator, though they should be sad that they lost such a champ like Kennedy.
(All back to work)
Good article, J. Clarence. I’m glad to see more of your writing here, as always.
Obama did NOTHING to advance gay rights when he had significant majorities in both houses of Congress. He’s had an entire year to fulfill at least SOME of those campaign promises, and instead he’s bailed on us. This was a huge missed opportunity that probably will not come again for years, if not decades.
Why should we care that we’ve now lost the filibuster-proof majority? He did nothing with it when he had it.
If Obama and the other “modernate” Dems do nothing for us when they’re elected, is there any reason to keep electing them?
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