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Marriage Roller Coaster
It's
been a roller-coaster summer for same-sex couples wanting to get married.
Couples were married in Massachusetts, some of them from out of state
in defiance of the governor's threat to void their marriages by applying
a 1913 law.
North Carolina's legislature adjourned
in July without passing a constitutional amendment prohibiting same-sex
marriage - a victory for supporters of marriage equality.
Missouri voters, on the other hand, in August passed a state amendment
barring same-sex marriage by a more than two-to-one margin.
Then came the ruling in Washing-ton by
a lower court saying that the state's exclusion of same-sex couples
from marriage violates the state's constitution. The language of the
ruling went beyond legalese in honoring the plaintiff couples as exemplary
citizens who should not be excluded by the state from any of its rights
and benefits. Celebrations were muted in recognition of an upcoming
review by the state’s Supreme Court.
Finally, just before press time,
California's Supreme Court voided the 3,995 marriages between partners
of the same gender performed at the direction of Mayor Gavin Newsome
in San Francisco last February and March. The first same-gender marriage
there was performed for long-time activists Del Martin and Phyllis Lyon
just two days before their 50th anniversary.
"Del is 83 years old and I
am 79," said Phyllis Lyon. "After being together for more
than 50 years, it is a terrible blow to have the rights and protections
of marriage taken away from us. At our age, we do not have the luxury
of time." One consequence of the Court's action is that if one
of these two women were to die before the other, the surviving partner
would have no right to social security or pension benefits.
The issue of whether excluding same-sex
couples from marriage is against the state's constitution was not resolved
in that ruling. The court considered only whether the mayor of San Francisco
had the authority to defy a state law to issue the licenses. Lawsuits
challenging the state's stand on marriage are currently in Superior
Court.
Vermont Freedom to Marry Task Force
chairwoman Sherry Corbin said, "I'm not happy about Missouri, but
we've recognized that these setbacks will happen. The country as a whole
is continuing to see loving same-sex families married in Massachusetts
without negative effect on anyone else. Nothing is cut in stone - it
can always be changed."
Corbin suggested that the right
wing's anti-gay campaign will backfire as more and more Americans -
gay and straight - say to themselves, "'This is wrong. I'm going
to make my views known.' Which means we've got to register to vote and
get absentee ballots and use them."
In the final analysis, she added, "Marriage
is between the two partners. It doesn't affect anyone but the individuals."
"Those thousands of committed
couples didn't sit for hours in the rain for nothing," declared
Beth Robinson, one of the attorneys in Vermont's marriage lawsuit that
resulted in the political compromise of civil unions. "Their dedication
to their commitments to each other - to their families - catalyzed the
nascent freedom to marry movement across the country, and there's no
turning back."
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