Gay marriage essay
Laura asked me to write something about the latest developments on gay marriage for this year's Pride Guide, because it serves as a bit of a "time capsule" and it wouldn't be complete without it. I thought I'd have trouble coming up with the minimum 800 words, but I ended up having to leave some stuff out and it was almost 1300 words. (She was thrilled with it, by the by.)
Gay
marriage finally gets its due
It’s
impossible not to feel that tingle of victory, after so many setbacks and
insults, when President Obama said those 11 little words: “I think same-sex
couples should be able to get married.” Of course, no legislation has been
passed, no regulations have been changed, but it feels momentous for the Leader
of the Free World to offer such naked validation. What does it really mean? Maybe very little,
but maybe enough.
President
Obama made his historic statement to Robin Roberts in an ABC News interview, after Joe Biden went “off script” during a May
6 appearance on NBC’s Meet the Press,
saying he was “absolutely comfortable” with gay marriage. Biden’s unexpected assertion caused a
firestorm among the political commetariat, and the next day, Arne Duncan, the
Secretary of Education, was asked during a press conference whether he
supported gay marriage; he simply responded “Yes.” I believe that Biden’s remarks were
completely spontaneous – he’s positively famous for his lack of
self-censorship. But I’m cynical enough
to wonder if Secretary Duncan’s response was a weather balloon sent up by the
Obama administration to test the climate for negative reaction. When it didn’t materialize, President Obama
made his instantly resonant comments.
It’s
interesting to note that attitudes have altered faster on this topic than any
social issue in the history of the United States . In less than 2 decades, support for gay
marriage has moved from about 25% to about 50%. A point or two each year
doesn’t sound like much, but compared to other social issues, such as interracial
marriage and women’s suffrage, which took many decades to become accepted, the
attitude change regarding gay marriage has occurred at warp speed!
You can
make the argument that President Obama is only responding to changing political
winds – the tipping point has been reached: polls show that more people now
support gay marriage rights than don’t.
Conservatives even accuse the president of pandering, which is
positively delicious - who would have ever thought that supporting LGBTQ people
would constitute that? But even if he is, even if this is a poll-tested
position, we’ll take it. Because, just
like EF Hutton, when the president talks, people listen.
Some
activists don’t even think that traditional marriage should be a focus (the focus?) of the LGBTQ community’s
efforts. Why would our community want to limit itself to such an archaic
institution? “Free to be” is our battle cry. But there it is - for some, what
they want to be is married. And as the
issue has played out over the last decade, the outline has gotten larger and
larger, encompassing a whole range of ideas, about dignity, and values, and
perhaps most importantly, second-class citizenship and civil rights.
According
to the Government Accounting Office, 1138 rights and protections are conferred
to U.S. citizens by the federal government when they get married, including
Social Security benefits, veterans' benefits, health insurance, Medicaid,
hospital visitation, estate taxes, retirement savings, pensions, family leave,
and various aspects of immigration laws.
The subject
has been in the political atmosphere for decades, but it burst onto the scene
in 2000 when Governor Howard Dean signed the first ever same sex partner bill
into law in Vermont ,
and subsequently ran for president, thrusting the issue into the national
spotlight. At the time, polls
consistently found that about 2/3 of people were against same sex unions.
The LGBTQ
community has included recognition of our partnerships on the agenda since Stonewall, but the issue
gained more prominence when a Hawaii
trial court judge challenged the state’s same-sex ban in 1993 (noting that the
state had no “compelling interest” in the limitation). Although marriage is
clearly a state issue, Congress responded to events in Hawaii by passing DOMA, the Defense of
Marriage Act, in 1996, stating that the only marriages that would be recognized
by the federal government are those between one man and one woman. While deeply
offensive to many, DOMA does not preclude states defining marriage in other
ways.
A number
of states passed civil union legislation in the years following Vermont ’s law: Connecticut
(2005), New Jersey (2007), New
Hampshire (2007), Illinois
(2010), Rhode Island (2011), Hawaii
(2011), and Delaware
(2011). Marriage licenses are issued to
same sex couples in 6 states, as a result of legislation or court rulings: Massachusetts
(2004), Connecticut (2008), Vermont (2009), Iowa (2009), New Hampshire (2010), and
New York (2011), as well as in the District of Columbia (2009). Maryland and
Washington
were added to the list just this year, but both are facing voter referenda this
fall.
During
this same period, states started to put measures on election ballots, as voter
referenda, outlawing the recognition of same sex partnerships and defining
marriage as limited to “one man and one woman.” Of the 28 states which have put
the issue to voters, all the measures have passed.
Prior to
the North Carolina initiative this spring, where recognition of same sex
relationships was banned by passing a constitutional amendment (by a sizable
margin - 61% to 39%), the effort to garner the most attention was certainly the
Proposition 8 fight in California in 2008, when loads of outside money, much of
it from the Mormon Church, helped pass a same sex marriage ban in the nation’s
most populous, and arguably most progressive, state. Perceptions noticeably shifted – it’s one thing
to insult and marginalize gays in the Bible Belt, but in California ? Some who had not been paying
attention previously started to notice just how cruel and offensive the
arguments against marriage were. The Ninth District Court ruled the California law
unconstitutional earlier this year, though it provided for a grace period, so
the battle continues in that state, while the nation watches carefully.
While
working on this essay, the National Association for the Advancement of Colored
People, the oldest civil rights organization in the US, passed a resolution
supporting gay marriage, at a meeting of their board of directors, saying it opposed any policy or
legislative initiative that “seeks to codify discrimination or hatred into the
law or to remove the constitutional rights of LGBT citizens.” The black churches have often been
uncomfortable with the issue, and the majority of African Americans oppose it, but
the NAACP has been supportive of gay marriage initiatives at the state level.
They apparently decided the time was right for the national organization to
take a public stand, citing their unwavering commitment to the 14th Amendment
(“No State shall make or enforce any law which shall abridge the privileges or
immunities of citizens of the United States; nor shall any State deprive any
person of life, liberty, or property, without due process of law; nor deny to
any person within its jurisdiction the equal protection of the laws.”) Ben Jealous, the president of the NAACP, choked
back tears during the announcement – his own parents had to cross state lines
to get married in 1966 because his mother was black and his father was white,
and interracial marriage was illegal at that time where they lived, in Maryland .
I can’t
lie – the events this week feel like a balm (after being stabbed with 28
knives!) Virtually all political analysts
acknowledge that demographics are destiny with this issue (as with almost any
issue). In this case, the vast majority of younger voters simply do not object
to gay marriage. And while older voters do, their influence is by definition
temporary. The delightful and thrilling
news is that the shift is happening so much more quickly than predicted. We can hope that states will soon begin to
reform their laws, and we can turn our attention to the many other pressing
issues that concern us.
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