Thursday, June 4, 2009

And now there are six

Just 134 days ago, when Obama was inaugurated as our 44th president, there were two.

Just 57 days ago, on April 7, 2009, I wrote a blog titled "And now there are four." Iowa and Vermont had joined Massachusetts and Connecticut as states that permit same-sex couples to marry. Vermont was the first state to do it by legislative vote, with enough support to even override the governor's veto.

Just 28 days ago, on May 6, 2009, Maine's legislature voted it in and the governor signed it.

And yesterday, on June 3, 2009, the New Hampshire legislature passed a same-sex marriage bill and the governor signed it into law. So, now there are six.

And of course there is California's off again on again gay marriage. It's clear that it will be submitted to another voter referendum, either in 2010 or 2012, and will probably win this time -- unless the lawsuit to ask the federal courts to declare Prop8 unconstitutional is successful and makes the issue moot.

With none other than conservative Ted Olson as one of the two lawyers for the case, this has to be taken as a serious challenge, although there is also serious doubt that the current Supreme Court would decide in his favor. Anthony Kennedy would be the crucial swing vote, and it's not clear that his strong opinions striking down sodomy laws would translate to support for gay marriage.

Many are now saying that going the legislative route is the wiser course. It gives less ammunition to opponents who claim that "activist judges" are over-ruling the people's will.

Next in line with a bill in the works is New York, with New Jersey perhaps not far behind.

Perhaps by the end of the year, I'll be writing: "And now there are eight."

Ralph

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