Homo Pro & Con: Voting on Marriage Rights in Massachusetts
posted by January 3 at 9:52 AM
onSays the Boston Globe…
In this case, a vote for the amendment is a vote to eliminate a civil right that is contained in the state Constitution—a shameful and perhaps unique reversal of the long forward march of civil rights progress, both locally and nationally….And to what end? We are still waiting to hear of the first heterosexual couple whose marriage has been damaged by the more than 8,500 same-sex marriages performed here since 2004….
When a final vote is taken by the new Legislature, the members must consider whether this is an appropriate issue to put to the voters. We believe Massachusetts voters would not take away this right, and a popular endorsement might be considered healthy. But civil rights are fundamental, and gay marriage should not be subject to plebiscite here, any more than it would have been appropriate to have Alabama voters directly decide school integration or Virginia voters decide interracial marriage.
Says Andrew Sullivan…
Yes, there will be another round of bitter and emotional debate. But advocates for marriage equality are far too defensive in fearing such a vote. We should be relishing it. So far, very few can argue that marriage equality in Massachusetts has been a failure. On the contrary, it has united many once divided families, it has strengthened many relationships, it has brought more stability to gay culture, it has given children more security, and it has opened hearts and minds….I doubt whether Massachusetts will forgo the honor of being the first state to grant gay couples legal equality with their straight peers. But there’s one way to find out. Let’s debate and campaign. The national gay groups, whose record on marriage has been spotty at best, need to make this the first priority of the national movement. Winning a democratic vote on marriage is a huge opportunity—and well within our grasp. We have the arguments. We have the evidence. Now let’s have the vote.
Comments
I wish I could share Sullivan's faith in majority rule. But I don't.
Is there any reliable data on where Mass citizens now stand on this issue now?
I remember that the majority didn't like mixed-race marriage either.
Don't hold your breath.
Question: I read recently that same-sex civil unions with (reportedly) equal rights across the board were granted in New Jersey, but there was still mass outcry and angst because they weren't defined as "marriage," but as civil unions.
I completed a doc recently that covered gay marriage in part and the gay and lesbian couples that I interviewed all stated that what they wanted was equal legal rights as married couples, the same as straight married couples, nothing more, and none seemed to care what they were called as long as they had the same legal rights as straight married couples. A conservative twat that I interviewed was insistent that this wasn't the case and that the goal was to "reform the institution of marriage" and blah blah blah and cited the typical religious right arguments ad nauseum, which I internally dismissed because well, the guy was a twat.
But I guess I'm just concerned simply because what with the New Jersey reaction over one word that doesn't change the legal rights, will this attitude simply confirm the religious right's idea that it's not just about being treated as equal human beings under the law? Or is the guy right and it's really about more than just the legal civil rights? I'm genuinely confused and am hoping Dan might answer/clarify on this one?
I'd like to have faith in my fellow citizens of the Commonwealth of Massachusetts, but I don't. And the reason for that is the fact that there were people here who demanded that a basic civil right be put up for vote by the people. And those people had their demand met. So even if we don't lose gay marriage in 2008, we've still lost.
I'll only speak for myself, Ann:
(...will this attitude...)
The attitude to which you refer differs between individuals. Many married gays and lesbians object to the mainstream preference of the term "gay marriage" because that, in itself, suggests that our marriages are separate, different, not equal. They are simply marriages.
(...confirm the religious right's idea that it's not just about being treated as equal human beings under the law?)
I am not responsible for what members of the religious right think. Marriage equality is just that. Different laws for different marriages is not equality.
(Or is the guy right...)
No, he is not.
(...and it's really about more than just the legal civil rights?)
Ultimately the argument is about equal access to a civil institution. The New Jersey action was proof that legislators will fall over themselves to concoct a separate structure before granting even the appearance of equality.
I accept a reasonable facsimile of civil rights as an interim measure only.
Ann, those who favor civil unions are ultimately closer to "reforming the institution of marriage" by concocting an entirely different legal structure for exactly the same civil arrangement.
Those who favor marriage equality seek equal access to an existing civil institution.
Those who oppose marriage equality seek exclusive government recognition of heterosexual marriages as a religious institution.
Clear enough?
Thanks David, that does clarify it better - I just assumed that equal rights are equal rights and the wording wasn't the important part so long as the rights were truly equal, but I definitely get what you're saying and it makes a bit more sense now why the one word would be important.
Thanks again!
Ann --
Evan Wolfson, executive director of Freedom to Marry, wrote an article in The Stranger's October 20, 2005 issue titled "Just Say No to Civil Union."
It's worth a read. You can still find it at http://www.thestranger.com/seattle/Content?oid=23780
Quote from the article:
Why can't we just do away with the gov's usage of the word "marriage"? If it is a religious/spiritual institution, enshrined in culture, yada yada -- can't someone claim it's a separation of church and state issue? I'm for civil unions for everybody, because I don't think the U.S. government has the power to pronounce, or even recognize anyone as "married".
Certainly a reasonable position, Cat, but not very practical.
The government has already steeped its law books in this tradition, having created a civil institution to mirror what, for many, is a religious institution.
No matter that marriage originates with a contract wherein the ownership of a woman passes from her father to her husband. The tautological argument that marriage equals one man + one woman is surely true in this sense.
A complete overhaul of marriage law would be about as cumbersome as a complete overhaul of intellectual property law: both are surely laudable goals, but it just won't happen in one swell foop.
Comments Closed
In order to combat spam, we are no longer accepting comments on this post (or any post more than 14 days old).