Gay Marriage

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Trending toward Marriage Equality?

The Boston Globe ran this AP story this morning which I read in my print copy. (Long may the Globe prosper so I can read it at breakfast.)  According to the AP

In recent weeks, Vermont and Iowa legalized same-sex marriage, while New York, Maine, and New Hampshire have taken steps in that direction. Polls indicated that younger Americans are far are more tolerant on the issue than are older generations. For now at least, the public is much more focused on the troubled economy and two wars than on social issues.

In addition, over the past decade, public acceptance of gay marriage has changed dramatically.

A Quinnipiac University poll released last week indicated that a majority of respondents, by a 55-to-38 percent margin, oppose gay marriage. But it also found that people, by a 57-to-38 percent margin, support civil unions that would provide marriage-like rights for same-sex couples, indicating a shift toward more acceptance.

I think it is relatively easy step from “marriage-like rights” to actual marriage so this looks hopeful.  The article goes on

With congressional elections next year, Republicans, Democrats, and nonpartisan analysts say the changes benefit Democrats, whose bedrock liberals favor gay unions, and disadvantage Republicans, whose conservative base insists that marriage be solely between a man and a woman.

“This is not a sea change. This is a tide that is slowly rising in favor of gay marriage,” creating a favorable political situation for Democrats and ever-more difficulty for Republicans, said David McCuan, a political scientist at Sonoma State University in California.

Democrats have a broader base filled with more accepting younger voters, as well as flexibility on the issue. Hard-core liberals support gay marriage, while others, including President Obama, take a more moderate position of civil unions and defer to states on gay marriage.

Conversely, the GOP base is older, smaller, and more conservative. Republicans have no place to shift on the issue but to the left, because the party has been identified largely with its rock-solid opposition to gay marriage and civil unions. Also, the GOP has no titular head setting the tone on this or other issues.

And tell me please, how is this couple in Iowa different from any other couple anywhere?

Veronica Spann (left) and Kentaindra Scarver were emotional as their marriage waiver was approved in Iowa on April 27.

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Taxes and Gay Marriage

I wrote about a lawsuit filed in Massachusetts to end the Defense of  Marriage Act back in March and yesterday Ellen Goodman published a good piece about why this is important.  Titled “A Strange Duel Citizenship”, Goodman writes

THEY ARE NOT the only married couple in America who talk about taxes and ulcers in the same sentence. Nor are they the only couple who believe they are paying more than they should. On that ground they are part of a noisy majority.

But they are a couple for whom tax season also entails an identity crisis. You see, Melba Abreu and Beatrice Hernandez file state taxes as what they are – a legally married Massachusetts couple. But under federal law, they have to file federal taxes as what they aren’t – two single women.

This identity crisis is not just some psychological blip on the cheerful landscape of their family life. In the last four years, the government’s refusal to consider them a married couple has cost the writer and the CFO of a nonprofit about $5,000 a year. As Beatrice puts it, “We don’t know anyone for whom $20,000 and counting isn’t significant.”

This is not about forcing states to choose to marry people.  It is about the simple act of recognizing legal marriages in other states.  It is not different from my straight marriage being recognized in Massachusetts even though I got married in Virginia.  Goodman concludes

So what do you say about an out-of-date law that enforces an identity crisis? What do you say about a law that “defends” marriage by denying it? The winds are blowing, but in a very different direction.

Amendment to this post

When I wrote this on Saturday morning, I hadn’t seen Stephen Colbert’s video mocking the anti-gay marriage ad – which he describes as combining the 700 Club and the Weather Channel.  Take a look.

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Vermont Makes Four: Another state votes for marriage equality

What a last few days!  First Iowa and then Vermont.  The important thing about Vermont is that this happened, not through the courts, but through legislation.  Shap Smith, Speaker of the Vermont House, is quoted in Newsweek as saying, ” People here have seen what it looks like and realized it doesn’t harm anybody.”

John Nichols  reported in the Nation

While progress in Iowa came via the judicial route, and is likely to spark ongoing political struggles, the victory in Vermont was a political one that comes at the culmination of a long struggle in a state that nine years ago was the first in the nation to authorize civil unions for same-sex couples.

The final stage of that struggle came on Tuesday, after Republican Governor Jim Douglas had vetoed legislation allowing gays and lesbians to marry.

To override the veto, supporters of the legislation needed to muster two-thirds of the vote in the state House and Senate.

They did that with relative ease.

The vote in the House was 100 to 49 in favor of overriding the veto and enacting what was dubbed “An Act to Protect Religious Freedom and Promote Equality in Civil Marriage.”

The vote in the Senate was an even more lopsided 23-5.

Democrats, who control both chambers, Republicans, independents and members of the state’s Progressive Party — members of which have long championed marriage rights — all voted for the override.

NPR has a great interactive map showing the progress of marriage equality.

As Bob Dylan once wrote, “the times they are a-changin'”.

 

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Iowa Joins the Marriage Equality States

With today’s unanimous decision, the Iowa Supreme Court made Iowa the third state to approve of same sex marriage joining Massachusetts and Connecticut.  According to the story in the Washington Post

The decision will be considered final in 21 days unless a rehearing is formally requested. The county that challenged the lower court’s ruling indicated today that it would not file such a request, meaning that same-sex couples likely will be able to obtain marriage licenses in Iowa in three weeks, attorneys for the plaintiffs said.

So what do the defense of marriage folks do now?  Richard Kim has a long post on The Nation.com in which he outlines the options and discusses some of the larger political implications. 

So now that the Iowa Supreme Court has essentially legalized gay marriage, what’s next? Some right-wingers (like Iowa Congressman Steve King and William Duncan of the Marriage Law Foundation) are already promising to put a defense of marriage amendment in front of Iowa voters. But they have a long road ahead of them. Iowa law says that a constitutional ammendment must pass TWO consecutive sessions of the state legislature before it appears on a ballot. So the earliest one could see a DOMA on the ballot is 2011, but with Democrats in control of both houses and with both the House speaker and the Senate majority leader on record supporting the decision–there’s virtually no chance that such an amendment would even come up for a vote this session.

That leaves the right-wing with a daunting task: defeat enough Democrats to take control of both houses (Dems currently enjoy a 56-44 and 32-18 advantage), replace them with Christian right Republicans who are willing to champion a marriage amendement and peel off enough remaining Democrats (to offset any moderate GOP defectors) to squeeze through four rounds of yes votes. Only then will they even have the chance to put the issue in front of voters–sometime in 2013 or 2014 if all the stars align. Then, they still have to win that campaign in a political climate in which increasing numbers of voters support gay rights. Oh yeah, and the vote will take place after Iowans have witnessed 5-6 years of ho-hum same-sex nuptials of which the most radical, earth-shaking element is that one of the grooms is a 50-year old church organist named Otter Dreaming (one of the named appellees in the Iowa decision). As Ari Berman points out, Iowa isn’t exactly the hotbed of culture war antagonism–despite being square one for GOP presidential wrangling–so my strong hunch is that Mr. Dreaming’s marriage will endure at least any legal and political challenges.

It doesn’t seem very likely that Iowa will amend it’s Constitution.  Here in Massachusetts it didn’t take long for gay marriage to just become marriage.  Just read Andrew Sullivans story about his Massachusetts wedding.

Born in a different era, I reached that conclusion through more pain and fear and self-loathing than my 20-something fellow homosexuals do today. But it was always clear to me nonetheless. It just never fully came home to me until I too got married.

It happened first when we told our families and friends of our intentions. Suddenly, they had a vocabulary to describe and understand our relationship. I was no longer my partner’s “friend” or “boyfriend”; I was his fiancé. Suddenly, everyone involved themselves in our love. They asked how I had proposed; they inquired when the wedding would be; my straight friends made jokes about marriage that simply included me as one of them. At that first post-engagement Christmas with my in-laws, I felt something shift. They had always been welcoming and supportive. But now I was family. I felt an end—a sudden, fateful end—to an emotional displacement I had experienced since childhood.

The wedding occurred last August in Massachusetts in front of a small group of family and close friends. And in that group, I suddenly realized, it was the heterosexuals who knew what to do, who guided the gay couple and our friends into the rituals and rites of family. Ours was not, we realized, a different institution, after all, and we were not different kinds of people. In the doing of it, it was the same as my sister’s wedding and we were the same as my sister and brother-in-law. The strange, bewildering emotions of the moment, the cake and reception, the distracted children and weeping mothers, the morning’s butterflies and the night’s drunkenness: this was not a gay marriage; it was a marriage.

And our families instantly and for the first time since our early childhood became not just institutions in which we were included, but institutions that we too owned and perpetuated. My sister spoke of her marriage as if it were interchangeable with my own, and my niece and nephew had no qualms in referring to my husband as their new uncle. The embossed invitations and the floral bouquets and the fear of fluffing our vows: in these tiny, bonding gestures of integration, we all came to see an alienating distinction become a unifying difference.

It was a moment that shifted a sense of our own identity within our psyches and even our souls. Once this happens, the law eventually follows. In California this spring, it did.

So I think Richard Kim is right.  Iowans are soon going to find gay marriages just as ordinary as straight ones.  So what is left for the opposition?  Here’s Richard Kim again

So, here’s my guess as to what the right can and will do. They’ll move to amend Iowa’s marriage law so that it requires in-state residency. Currently, Iowa (like California and unlike Massachusetts) does not have any such restriction (prompting claims that Iowa will become the Mecca of gay marriage). Of course, because of the court’s equal protection ruling, any such change will have to apply to both gay and straight couples, but the collateral benefit for the right would be in limiting the number of gay couples who can marry in Iowa and then sue in other states. But after thousands of out-of-state couples got married in CA and will likely stay married no matter how the CA Supreme Court rules on Prop 8’s broader legality–there’s not much use in raising this hurdle.

So, Iowa, Massachusetts welcomes you to the club.  I don’t think it will be too long before there are more than three members.