The surprising thing is not that Colorado, Idaho, South Carolina, South Dakota, Tennessee, Virginia, and Wisconsin passed bans on same-sex marriage. Anyone who knew anything about the cultural makeup of those states knew it was going to be a struggle to defeat those measures, albeit one worth fighting. What surprises me is that the bans passed in conjunction with anti-domestic-partnership/anti-civil- union laws in Colorado, South Carolina, South Dakota, Virginia, and Wisconsin. Maybe I still underestimated the conservatism there. (I’ll also admit that my view of Wisconsin is colored by three years in Madison, “the Berkeley of the Midwest.”)
This is likely to open up a whole can of legal worms (—flash to images of worms carrying little briefcases), especially with regard to companies that offer domestic partner benefits to their employees. Most of the new laws say that the state cannot recognize any “quasi-marital” relationship, implying that private enterprise still can. What if a company is seeking to get a contract from the state, however? In the opposite direction, some companies instituted DP benefits in the first place in order to gain contracts with the City of San Francisco, which required such equality from its vendors. It’s unclear if state pressure will cause companies to reverse their benefits, though, especially in the case of national firms. It’s perhaps notable that even those wanting to ban same-sex marriage in Massachusetts have balked at reversing marriages that may be done before any ban goes into place. I’m hoping this indicates a general reluctance (at least among all but the staunchest anti-LGBT folks) to remove rights that have already been given.
Congratulations, however, to the people in Arizona, including the somewhat unfortunately named Arizona Human Rights Fund (AHRF), for defeating the marriage ban in their state, the first defeat in the country for such a proposal.
Let’s not forget New York, either. The new governor-elect, Eliot Spitzer, has said he will work to legalize same-sex marriage, in the face of a New York Court of Appeals ruling that said it was illegal under current law. And in Massachusetts, my once and future home, Governor-Elect Deval Patrick also supports same-sex marriage, which should make it harder for opponents to overturn the existing law.
The same-sex marriage bans are depressing, no doubt. Thirty-three states now have such laws. Yet yesterday’s election was a clear signal for regime change here in the U. S., with the Democrats regaining the House, and now (as seems most likely) the Senate. Donald Rumsfeld has resigned. LGBT-rights supporters now have more allies in high places, and LGBT candidates themselves won in record numbers.
“Cautiously optimistic” is the phrase that seems to fit best with my mood today. We have a long road ahead of us still, and we need to move forward with those who have pledged to be our allies as well as fight our continuing foes. Still, I’m more confident today than I was yesterday that our country will move in the correct direction. We may yet see same-sex marriage banns, instead of marriage bans, within a generation.
I’m a South Dakotan and not proud that the state passed a constitutional amendment allowing marriage only between man and woman. But, the funny thing is, the state did NOT pass a ban on abortion by 60/40. On the other controversial, “liberal”-leaning items (marriage & medical marijuana), the votes were much closer to a 55/45 split.