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A Great Week for Gay Marriage

by: DocJess

Thu Apr 09, 2009 at 05:15:53 AM EDT


As earlier reported, Vermont passed gay marriage legislation earlier this week. Which came on the heels of the Iowa Supreme Court decision last Friday. In other news, the DC City Council approved recognition of gay marriages performed in other states, with a plan on tap to introduce full gay marriage legislation later this year. In addition, David Paterson is re-introducing the gay marriage legislation Eliot Spitzer introduced in 2007. It was also part of the platform on which the two men ran in 2006. Gay marriage legislation is also coming up in both New Hampshire and Maine. The equal protection argument may hold sway in California: the courts have not yet ruled on the Prop 8 case. 

Back when Massachusetts was first considering gay marriage legislation, I was editor-in-chief of the local Mensa newsletter. I wanted to run two op-ed pieces, one pro-gay marriage, the other against. I knew a lot of people who were opposed to gay marriage. Some just because they were closed-minded. Others because they believed the time had not yet come, and they feared for their friends. Some in this latter group included gay friends who were "in" in the office for fear of losing their jobs, but "out" amoung friends. I asked more than 20 people to write the "anti" side, and not one would do it, because they didn't want people to think they were prejudiced against gay people. (And trust me, none of them used the term "gay", preferring instead one of a number of derogatory terms.)

Thinking that gay marriage would not happen anytime soon, two friends decided to hold a commitment ceremony, after registering for a civil union in Vermont.  It was a huge affair, outside under a tent: both brides with a host of bridesmaids. Somehow in the past, I always ended up in wedding parties where I had to wear a dress with a big bow on my backside, or some other indignity, but this time, I was asked to wear a tux, like all the women in the "wedding" party. In a show of solidarity, my boyfriend offered to let me pick out any dress I wanted, and he'd wear it. It was meant kindly, but he just didn't have the legs for it. It gives me great joy to write that they are planning an autumn wedding. They've been together 17 years, and now it will be legal. And so help me, this time I'm wearing a dress. 

I am so happy for all my gay friends who have more and more options to be married. I predict that a gay married couple (or several) will sue at the Federal level, not for national gay marriage, per se, since marriage is a states' rights issue, but for equal protection under the tax code. That the IRS should recognize them as married in the equal protection offiling status. At that point, gay marriage should roll across the country.

But maybe that's just me being hopeful. 

DocJess :: A Great Week for Gay Marriage
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it was take hold, but i expect it will be another decade before we see the complete nationwide roll back of DoMAs (0.00 / 0)
but it is hard for me to imagine us moving forward as a people and still holding back on a civil rights issue. when i was born, nearly 50 yrs ago, the docs still thought it was a mental illness to be gay, 20 yrs later, the medics were on board, mostly, but the people were still pretty sure it was a sin, twenty years later from that, gay was the new cool, and now we are half way thru the next twenty years, and it is becoming clearly defined as a civil rights issue, so i say give it another 10yrs and maybe 4-5 states will still ban it, or maybe we will nationalize it and make them moot.

Agree with UplandPoet (0.00 / 0)
We're rapidly going to reach a new (temporary) equilibrium. A whole bunch of states will now achieve marriage equality. It was tough to be first (thanks Massachusetts and Vermont, who had different kinds of firsts!). Look for states like New York, New Jersey, Minnesota, and maybe Illinois, Maryland, New Mexico, and Delaware. (I tend to think there will be some geographical clustering; it's harder to ban same-sex marriage when the state next to you is allowing it.)

The next round after that will be blue states that recently reinforced or added bans on gay marriage. It's harder for voters to admit a recent mistake than an old one. California, Oregon, Wisconsin, and Colorado come to mind.

Then it gets tough. Public sentiment in states with a lot of religious conservatives will take a long time to come around. Do we look to a national court decision to force the issue at that point, or do we just watch those states lose out economically as some gay couples choose to live elsewhere, in the process further polarizing the country geographically?


Civil Unions (4.00 / 1)
I may be way off base because of my ignorance on the legal implications of Civil Unions.
I think that in 10 years that Civil Unions will be recognized by both State and Feds and you will see the box
Married or Civil Union on the tax return.
The definition of a civil union would be basically a long term legal commitment between two adult human beings.
Once the aliens land of course that will need to be amended:)Like we think we are the only ones in the universe.
Civil Unions will have the same tax structure as those that are married and they would also get the same rights.
Certain States, the Bible Belt in particular, will never allow gays to marry.

I think this will happen because higher education will be more easily available with the Obama Administration.
Many people are quite ignorant of gays.  This is not derogatory, they just do not know or are just misinformed.

Basic legal rights cannot be selectively given.
This separates the Church and State issue which I find the term marriage to be quite entangled.
Just a thought, Just a Hope.


I like it (0.00 / 0)
That's a really interesting idea, Jean. I've sometime argued for getting the government out of the business of defining marriage, but your suggestion in particularly neat. Make the federal term "marriage or civil union" and then don't differentiate between the two anywhere. Recognizing same-sex unions is then not the government "redefining marriage," but the definition is left up to other institutions, like the churches. As far as the government's concerned, you're "married or in a civil union." As far as you're concerned, you're free to marry whomever you want. As far as your neighbors are concerned, they can think of you as "not really married," but that's nothing new; it happens all the time with people who believe marriage has to be sanctioned in some particular way (often religious, but sometimes by other markers, like cohabitation).  

[ Parent ]
Try this... (0.00 / 0)
This is Chet Culver's take on religious vs civil marriage. And his opinion counts, since he's the governor of Iowa:
http://learfield.typepad.com/r...

[ Parent ]
civil marriage (0.00 / 0)
I do not think that this term should be used.
This term is really ticking off the religious right.
If they used the term civil union it would go down easier.
And while I hate to say it, the RIGHT could always say that they are not married.  Isn't that their point.
It is not a perfect solution but at least gay couples could get their legal rights.

[ Parent ]
This has been my suggestion all along (0.00 / 0)
Folks know I am against Gay Marriage, but I have nothing against Gay's. It's just my strong belief that Marriage is a solemn vow between a man and a woman. I have always been in favor of Civil Unions being on an equal rights status with Marriage as far as taxes, visitation rights, etc. Just my stance. I am neither misinformed nor ignorant on this, just hold marriage as a sacred institution between a man and women as a value item, not to be confused as to your sexual preference.

[ Parent ]
Mister Mister Mister Ed:) (0.00 / 0)
That old science thing proves that homosexuality is not a choice.
If you choose to follow due to religious beliefs that is different.  
I then say why are we mixing church and state.
I personally believe we should ALL have civil unions and if you want it sanctified by the church, go for it.

Whatever (0.00 / 0)
That is why Government has no business being involved with marriage.

[ Parent ]
I support gay marriage, but... (0.00 / 0)
i would be quite happy if all the state was allowed to issue was a civil union certificate, for sex or opposite sex relationships, and various church could sanction whatever they like, get the govt out of the marriage business, marriage is a sacred vow, not a legal arrangement, but i doubt the conservatives will go for this.

[ Parent ]
Some find marriage very important. (0.00 / 0)
I think a way to get this done is to have the Feds issue the civil union certificate and the state will issue the marriage license.
That way also gays can have the civil union but can go to a state that allows marriage if they want to.
This also allows traditional marriage to remain for those that it is important.

[ Parent ]
Here you go. Look at this on religion and opinions. (0.00 / 0)
Separation of Church and State is what it is boiling down to.
http://politicalticker.blogs.c...

Strategy (0.00 / 0)

I have always thought that from a political perspective, the current litigation strategy had some flaws.  While they have managed to get wins in court in some states (New Jersey, Massachussetts, Hawaii, California), they have lost some too (New York) and their strategy made a backlash easier.

I would have preferred starting with litigation designed to emphasize certain rights that gay couples lack because their relationships aren't recognized,  Thing like visitation at hospitals.  Admittedly, most of those cases would end in defeat as the courts merely re-stated the current legal rules allowing those decisions.  However, those losses would have created sympathy for the next step -- suing to compel some form of legal recognition.  Having created the proper framing for this issue (human dignity) in advance, it would have been harder for conservatives to frame it as they have for the past four years. 

I think the tide is beginning to turn, but having been caught on the wrong side of the framing of the issue, it's going to take longer than it should have.



more discussion of this over at 538.com...it looks inevitable! (0.00 / 0)



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