Well that's that. After six years of litigation, today the Supreme Court struck down Section 3 of the Defense of Marriage Act (DOMA), which prevented the federal government from recognizing same-sex marriages performed in the states, and dismissed the Prop. 8 case on procedural grounds. Because California's governor and attorney general declined to defend the law's constitutionality in court, supporters of the measure took up the task; the Justices found they did not have the proper "standing" to do so. Practically, the decision finding the measure unconstitutional stands, but it applies only to California.
At this point, it’s almost a yawn: The last and most Catholic New England State, tiny Rhode Island, population just over one million, passed marriage equality last week. Just nine years after Massachusetts set off moral panic nationwide and triggered the final wave of state constitutional amendments banning same-sex marriage, all of New England has now followed the Bay State’s lead. Rhode Island has recognized same-sex marriages performed in other states since 2010; nowhere were you more than an hour’s drive from a state where you could marry—the Ocean State is bordered by Massachusetts, Connecticut, and New York, all equal-marriage states.
Same-sex marriage advocates have had their eyes on Rhode Island for a long time. Wednesday afternoon, they’ll very likely see the last barrier to marriage equality fall away, as the state Senate is scheduled to vote on a measure legalizing same-sex marriage. It’s already passed the House, receiving vocal support from Governor Lincoln Chafee, and most expect that the Senate has the votes to pass it by a big margin.
Yes, folks, it's another Tigger day. Last week, while I was talking about how straight people changed marriage so that same-sex couples now belong in it, the new French government announced that it will gender-neutralize the entrance requirements for marriage early next year, which will also grant same-sex couples full adoption rights. That would mean that twelve nations marry same-sex pairs, plus some states and provinces scattered hither and yon. In historical order, that would include The Netherlands (2001), Belgium (2003), Spain (2005), Canada (2003, in some provinces; 2005, nationally), South Africa (2006), Norway (2009), Sweden (2009), Portugal (2010), Iceland (2010), Argentina (2010), and Denmark (2012).
Last week, I laid out some of my ideas about what is and is not radical about same-sex marriage, boiling down a few of the chief concepts I've argued in public over the past 15 or so years. Maggie Gallagher, chief nemesis of the marriage-equality movement, referred to one of those three posts at The Corner, National Review's group blog. In response, I noted that we agree, in small part, that allowing same-sex pairs to marry continues to nudge the meaning of the institution in the direction of separating sex and diapers.
I’m married in Massachusetts. I’m not married in the United States. That paradox is untenable, the First Circuit Court of Appeals declared in May as it unanimously struck down Section 3 of the Defense of Marriage Act—the portion of the 1996 law stating that, for federal purposes, marriage is between a man and a woman. Most legal observers believe the Supreme Court will agree, and the feds will have to recognize my marriage. That would leave me almost fully married, but not quite: Thirty-eight states still ban recognition of same-sex marriages. So what’s the path to marriage equality nationwide?
One of the few pro-marriage-equality Senate candidates. (Flickr/Edward Kimmel)
American public opinion on same-sex marriage has been steadily moving in the direction of support for fmarriage equality for some time, and recently some polls have shown a majority or the public in favor (see here for example). Politicians, however, have lagged the public on this issue, none more visibly than Barack Obama, who is famously "evolving" on the issue. One presumes that evolution will reach its higher stage some time after he gets re-elected, but you'd think that candidates running for lower offices might be a little more willing to come out in favor of marriage equality, particularly since it's so obvious that such a position will only become more popular over time. But as Jonathan Bernstein tells us, that doesn't seem to be happening, at least when it comes to Democratic Senate candidates. "The web sites of the 10 Democratic candidates running as challengers or for open seats show that very few of these candidates are eager to jump on this particular bandwagon. Only two — Elizabeth Warren in Massachusetts and Chris Murphy in Connecticut — trumpet their support for marriage equality and for repealing the Defense Of Marriage Act." This might seems surprising, but if we subject it to a cold-hearted Downsian risk-reward calculation, it actually makes plenty of sense.
You know those odd moments in animated cartoons when a character's head seems to be boiling and popping, one eye getting bigger, then smaller, and so on? As a journalist who focuses on gender and sexuality, that's how I feel lately: happy, sad, shocked, celebratory—all at the same time.
In Vermont, the governor has nominated Beth Robinson to take a seat the state's Supreme Court. Robinson was the prime mover behind the state's Freedom to Marry movement, and one of three lawyers who brought the groundbreaking state case Baker v. Vermont back in the 1990s. That case led to the state's then-groundbreaking civil unions—and spurred a national uproar about the imminent descent of locusts, plague, and so forth. Robinson led the movement to hold that victory statewide, and then to upgrade it to full marriage rights a few years after Massachusetts became the first state in the nation to offer full equality.
During the 2004 election, the GOP pushed anti-same-sex marriage amendments onto the ballot across the country to turnout their base voters for George W. Bush’s re-election campaign. LGBTQ civil rights may once again be at stake in the 2012 election season if a series of connected state-level conservative organizations have their way. At The Minnesota Independent Andy Birkey details an extensive effort underway called "Ignite an Enduring Cultural Transformation," which seeks to fund ballot initiatives against same-sex marriage in 15 different states next year.
Daily Kos is going to be polling once a month on marriage equality, and the first installment doesn't show anything particularly surprising -- a third of the public supports same-sex marriage, a third supports civil unions, and a third doesn't support any legal recognition for gay couples. But this raises a question: Where are the 2012 Republican presidential contenders going to be on this issue?