hot topic | GAY MARRIAGE
THE CHANGING FACE OF MARRIAGE by Jennifer Ginn
GAY MARRIAGE PORTLAND, MAINE—David Farmer, spokesman for Mainers United for Marriage, said President Obama’s support for gay marriage gave a burst of energy to supporters. © AP/Corbis/Robert F. Bukaty
CAPITOL IDEAS
»
JULY / AUG 2012
28
While same-sex couples can walk down the aisle in only six states and the District of Columbia, that doesn’t accurately represent the number of gay people whose relationships have some type of recognition. “In the majority of states, same-sex couples do not have any legal protection and state constitutions have been amended to prevent same-sex marriages,” said Jennifer Pizer, legal director of the Williams Institute at the University of California-Los Angeles School of Law. The institute researches gender identity and sexual orientation law and public policy. “However, when you look at the country by population, you have a somewhat different picture.” Nearly half the U.S. population lives in a state that offers some kind of recognition for same-sex couples, either marriage, civil unions or domestic partnerships. “That’s very confusing for lesbian and gay couples in this country,” Pizer said. “If you look at a map of the country, legally it’s a patchwork of different kinds of laws protecting same-sex couples.”
Same-sex couples now can marry in Connecticut, Iowa, Massachusetts, New Hampshire, New York and Vermont, as well as the District of Columbia. Maryland and Washington could join those ranks after legislators approved laws recognizing same-sex marriages in the 2012 session. Washington’s new law was to take effect in June and Maryland’s in January, but both will face challenges on the November ballot. Although every same-sex marriage law that’s been placed on the ballot so far has been defeated, Pizer believes things could be different in Washington and Maine, where a citizen-led initiative is on the ballot, this year.
Washington State’s Journey
Sen. Edward Murray sponsored Senate Bill 6239, which legalized same-sex marriage in Washington. Civil rights for same-sex couples have evolved gradually in the state. A 2006 bill protected gays and lesbians from discrimination in employment, housing and financial transactions. Domestic partnership was passed in 2007, and in 2009, what came to be known
as the “everything but marriage” act was signed into law. Although Washington state has extensive protections for same-sex couples, Murray said domestic partnerships have limitations. “Our society understands marriage,” he said. “They understand what it means legally and the responsibility two people take for each other. Domestic partnership is just not something that’s worked very well.” Sen. Dan Swecker, who led the floor fight against Senate Bill 6239, said he believes all sorts of people love each other, but only one relationship—heterosexual marriage—can impact so many government services if it fails. “The only one of those that has unique differences from all the others is the one that produces children,” Swecker said. “There’s a huge incentive for government to sanction that one relationship. … If that is successful, it prevents all kinds of impacts on government institutions, like education and law enforcement.” Murray is optimistic the same-sex marriage law will survive November’s referendum. “I think we have a good chance,” Murray said.
