Now there are two states in which same-sex couples can marry as the result of legislature action alone, without prior order of the courts. The legislatures in Vermont and Maine, and the fact that the Iowa court's decision was unanimous, have taken the steam out of the conservatives' rant about "activist judges."
So here are the states with marriage for all and how they got there:
2003. Massachusetts: by court order; a subsequent attempt to overturn the court order with a constitutional amendment was defeated.
2005: California (off and on): approved by legislature, vetoed by governor. In 2008 the courts overturned the ban and marriages were performed until the November vote, where it was again banned by Prop8. The CA Supreme Court's decision on the constitutionality of Prop8 will be announced any time now. Advocates are already moving for another referendum vote, in case Prop8 is upheld by the court.
2008: Connecticut courts legalized it by a 4-3 decision, and in 2009 the legislature adjusted laws to conform and they were signed by the governor.
April 3, 2009: Iowa State Supreme Court ruled unanimously that ban was unconstitutional.
April 7, 2009: Vermont became the first state to legalize gay marriage without prior court mandate, as it had also been the first state to legalize same sex unions in 1999, when Howard Dean signed the bill as governor. This time the current governor vetoed the marriage bill, and the legislature overrode the veto.
May 6, 2009: In late April the Maine legislature convened to reconsider its 1997 law against gay marriage. Both houses passed it and it was signed by the governor on May 6th. The makes Maine the second state to do it without court mandate. And the governor, who had previously opposed it, said he had changed his mind and wrote an eloquent explanation of why he did. (see comment below).
Other states on the horizon:
The New Hampshire House and Senate have both passed legislation. The governor, who has stated his opposition previously, is under intense pressure from both sides. Some people think he will not veto it but will let it become law without his signature. He has 10 days to decide.
The New York governor has himself introduced a bill in the legislature to legalize same-sex marriage, and a poll shows that voters support it by a slim margin.
New Jersey courts have ordered the legislature to grant equal rights to same-sex couples, and the Civil Union Review Commission has recommended that the legislature go further and legalize marriage. The governor has said he will sign such a bill.
A bill has been introduced in Rhode Island. It does not have the votes to pass now, and the governor is opposed; so they will probably wait until after the 2010 elections to push it.
The Disctrict of Columbia city council voted to recognize same-sex marriages performed in other states, which many think is a step toward legalizing marriage in D.C. By its arcane governance as the nation's capitol, it is subject to approval by Congress, where it may run into trouble.
The state of Washington is also on the move. Its courts have ruled the Defense of Marriage Act unconstitutional; the legislature created domestic partnerships and on April 15, 2009 voted to extend those to include all rights afforded to traditional marriages. The governor has said she will sign the bill, which gives the same rights but stops short of calling it marriage.
Of course there will be backlash to this momentum, and much money will be raised. Ugly TV ads and smear campaigns full of lies and scare tactics already are flooding the air. See the video ad "There's a Storm Gathering," sponsored by the National Organization for Marriage. The head of NOM is Maggie Gallagher, whose conservative opinion column on marriage and family used to appear in the AJC. Maggie filled it with platitudes about marriage and laced it with junk science, purportedly 'proving' why gays should not be parents. AJC finally dropped her column.
The video is so ludicrous that it invites parody, which the Colbert Report has promptly done, with hilarious results. Outside the narrowing enclaves of negativity, however, the scare tactics don't seem to have the clout they once did.
Meanwhile, support for gay marriage is growing steadily, reflected in rapidly changing polls. Many people think that, if the California referendum were held today, Prop8 would be defeated -- as it will likely be in 2010 unless the court overturns it in a decision that is due by June 3rd.
Thus, adding to the momentum of Iowa, Vermont, and Maine since April 3, we could have two more states soon: New Hampshire within 10 days and California on June 3rd or sooner. My bet: yes in NH, no in CA. The CA court seemed to signal in the hearings that it sees the question as "the right of voters to change their constitution" vs. "the right of gays to equal protection." So it may take the 2010 referendum to get there in CA.
Don't get me wrong: Maggie's video ad is correct in one sense. There is a storm gathering, but they are the storm.
And we'll be looking at rainbows when it's over.
Ralph
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The Maine governor's explanation for signing the bill:
ReplyDelete“I have followed closely the debate on this issue. I have listened to both sides, as they have presented their arguments during the public hearing and on the floor of the Maine Senate and the House of Representatives. I have read many of the notes and letters sent to my office, and I have weighed my decision carefully,” Governor Baldacci said. “I did not come to this decision lightly or in haste.”
“I appreciate the tone brought to this debate by both sides of the issue,” Governor Baldacci said. “This is an emotional issue that touches deeply many of our most important ideals and traditions. There are good, earnest and honest people on both sides of the question.”
“In the past, I opposed gay marriage while supporting the idea of civil unions,” Governor Baldacci said. “I have come to believe that this is a question of fairness and of equal protection under the law, and that a civil union is not equal to civil marriage.”
“Article I in the Maine Constitution states that ‘no person shall be deprived of life, liberty or property without due process of law, nor be denied the equal protection of the laws, nor be denied the enjoyment of that person’s civil rights or be discriminated against.’”
“This new law does not force any religion to recognize a marriage that falls outside of its beliefs. It does not require the church to perform any ceremony with which it disagrees. Instead, it reaffirms the separation of Church and State,” Governor Baldacci said.
“It guarantees that Maine citizens will be treated equally under Maine’s civil marriage laws, and that is the responsibility of government.”
“Even as I sign this important legislation into law, I recognize that this may not be the final word,” Governor Baldacci said. “Just as the Maine Constitution demands that all people are treated equally under the law, it also guarantees that the ultimate political power in the State belongs to the people.”
“While the good and just people of Maine may determine this issue, my responsibility is to uphold the Constitution and do, as best as possible, what is right. I believe that signing this legislation is the right thing to do,” Governor Baldacci said.