In my continuing series on LGBT rights in the United States, I've covered several different issues. But now it's time I turn to the "big prize," the issue of equality in marriage. Being the most talked about issue in gay rights, there are a lot of aspects to cover. But I plan to keep posting things of a manageable size, and so this issue is going to take me a few posts to explore.
Today, let me start by providing the lay of the land as it stands now. There are six states in which same-sex marriage is legal: Massachusetts, Connecticut, Iowa, Vermont, New Hampshire, and New York. (It's also legal in the District of Columbia.) Massachusetts was the first to break down this barrier in 2004. Connecticut joined them four years later, and there has been at least one new state added every year through 2011.
In all six states, equality in marriage came through either an act of the state legislature, or by way of a court ruling stating that exclusion of same-sex couples from marriage was not legal under existing state law. There has never been a voter-approved measure granting same-sex couples the freedom to marry. (And it is only this year that general public polling has indicated that a majority among voters now supports equality.)
Same-sex marriages were also legal in California for a period of a few months during 2008, but that right was then rescinded by a ballot initiative in the November election. (And since this transitions into the subject of marriage bans, I'll cover California in more detail in my next post in this series.)
In the first half of 2012, the legislatures of two more states voted to enact marriage equality: Washington and Maryland. But both legislative bodies, mindful of the California situation, included in their measures a delay until after the coming election before the measures will take effect. If opponents of marriage equality could gather enough signatures in the summer, voters would determine whether to affirm or reject the states' actions. The signature requirements in both cases were met, and so both states will be putting equal rights to a public vote this November. The polling on both issues looks favorable at the moment, but we still have two months (and a lot of negative ads) to go before Election Day.
Maine is in a slightly different situation. The legislature approved same-sex marriages a few years ago, but opponents successfully petitioned to delay the law until signatures could be gathered for a referendum. They were successful, and voters subsequently rejected the equality measure.
Maine is now positioned to possibly reverse this decision this November. The state has a ballot initiative that, if approved, would be the first in the U.S. to bypass the legislature entirely and have voters directly grant marriage equality. And although a lot can change between now and election night, it is encouraging to note that so far, the polling on the measure is highly supportive.
This may be in large part due to the exact wording of the referendum: "Do you want to allow the State of Maine to issue marriage licenses to same-sex couples?" The simple wording avoids the loaded buzzword of "redefining" marriage. Less direct, but still included, is the point that it will be the state itself issuing these marriage licenses; no religious institution is required to take part. (Maryland's issue is much wordier, but expressly spells out this religious protection.)
November 6th is going to be a huge day for marriage equality. Three states are all voting whether to legalize it. If even one does, it would be the first time it happened at the ballot box, which would truly mark a turning point on the issue.
If you live in Washington, Maryland, or Maine (or can talk to someone who does), I encourage you to seize this important opportunity. Get registered to vote. You have a chance to vote for equality, solely and separately, without the issue being entangled with a particular political candidate and the issues he or she might support or oppose. Please take this chance to make history.
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