The Holy Grail

Dan Savage writes about privacy today in the New York Times. And oh my god, he’s right. This is it. This is how we win, and by doing something noble for a change.

If the Republicans can propose a constitutional amendment banning gay marriage, why can't the Democrats propose a right to privacy amendment? Making this implicit right explicit would forever end the debate about whether there is a right to privacy. And the debate over the bill would force Republicans who opposed it to explain why they don't think Americans deserve a right to privacy - which would alienate not only moderates, but also those libertarian, small-government conservatives who survive only in isolated pockets on the Eastern Seaboard and the American West.

Of course, passing a right to privacy amendment wouldn't end the debate over abortion - that argument would shift to the question of whether abortion fell under the amendment. But given the precedent of Roe, abortion rights would be on firmer ground than they are now.

Why aren’t they doing this? I’m sure it wouldn’t pass, but it would alienate everyone who opposes it. Do it! Do it!!