Part of the reason I kept tearing up was because it was a historic moment. A nice majority of voters in our state has agreed that gay and lesbian couples should be able to legally marry just weeks before, and so we were officially tying the knot on the very first day that it was allowed in our home state. This was over a year before the U.S. Supreme Court extended that same legal right all across the country. So we’d been fighting for the right to marry for a long time, including a previous attempt by the religious right to repeal the state law granting domestic partnerships all the legal rights the state could. So part of the celebration was for the thousands of other couples around the state who were finally able to access such legal rights as hospital visitation and community property and renting, leasing, or buying property jointly (without having to pay extra taxes if one of you predeceased the other), and so on. Much of which doesn’t sound very romantic until you read heart-wrenching stories of people who are kicked out of their own homes or barred from the deathbed of a dying lifelong partner because of homophobic relatives.
Another part of the reason my eyes kept brimming over with tears was because he had already been together for 15 years at that point, and while we had called each other husband and many of our friends saw us that way, we weren’t husbands before the law.
Another part was that so many of our friends had gone to great lengths to make the ceremony I kept referring to as “the elopement” into something a lot more fabulous than I had expected. From the surprise string duo to the incredible number of flowers, to the custom chocolates, and so much more, it was a magical day.
And then there are the friends themselves. Contrary to what some people say (including a lot of the anti-gay folks who try to pretend they aren’t anti-gay), a marriage is not just a private agreement between two people. Legally a marriage isn’t just a piece of paper, nor is it only a contract between two adults, nor even merely the list of over 1000 federal legal rights that were often talked about in the court cases dealing with marriage equality. Legally it is a binding agreement between those two people and the state. The state (and by extension local and federal governments) promise to provide certain rights to the people being wed, and to hold them to certain responsibilities. That’s where all that assurance of property rights and survivor benefits and hospital visitation rights come from, the fact that the government is agreeing to recognize your mutual decision to name each other next of kin.
Likewise, a wedding isn’t just a formality or a ceremony you do for attention. It’s an affirmation and a covenant—not just between the brides and/or grooms, but between the loved ones who attend and those who can’t but offer their support and love. When we attend a wedding, we’re making a promise to support the resulting union.
So our loved ones who attended the wedding, and those who were unable to, but had sent their love and well wishes, were also on my mind that day. And their love and their belief in our love had my heart so full, it nearly burst.
But of course, the biggest reason I kept crying and could barely make my voice work to say the important “I do” when needed, was because Michael is the sweetest, smartest, kindest man I’ve ever known, and for reasons I still can’t quite fathom, he loves me.It may only be officially our third anniversary, but I’ve been privileged to love and live with this man for over seventeen years. Every year with him thus far has been better than the one before. Which means I must be the luckiest guy in the world.
Happy Anniversary, Michael!
In the his first podcast recorded after the Supreme Court ruled in favor of marriage equality, Dan Savage explained how he no longer felt any urge to argue with the haters. No matter what messages they sent, no matter what outrageous thing he’d read them saying about marriage, his reaction was no longer to get irritated and start arguing. And he admitted it was a bit of a surprise. “I realized that I’m just over it. They have lost.” And listening to him, I recognized that I was feeling much the same way. I’m still annoyed that so many state and local officials are fighting it, and the BS religious liberty laws still get my dander up, but I know what he means. The court based its ruling on the Fourteenth Amendment to the Constitution. They’re done. The haters can’t win.
The Fourteenth Amendment was passed in the wake of the Civil War, and it is specifically about rights of the citizens which can never be denied by states. The entire point was to try to prevent individual states from denying fundamental rights to citizens under states’ rights claim. No matter what argument they put forward, eventually a Federal Court is going to look at their case, will point to Justice Kennedy’s ruling, and will order the county or the state or the judge to comply. They’re done. It’s over. I find I don’t feel the slightest urge to click on headlines about some clerk or some judge or whoever refusing to issue licenses. I was reading them during the first week or so after the ruling, but my righteous indignation has moved on in regards to that specific issue.
Not everyone has. I get reminded of that every time I stray onto Facebook and accidentally see anything posted by most of my relatives. And some of the people who haven’t moved on are being complete dicks about it, angrily going off on people who have done nothing more than use the rainbow filter on their user picture on social media. Fortunately, there are plenty of people who feel the other way: Restaurant Owner Overwhelmed By New Business After Standing Up To An Anti-Gay Bully My favorite line: “food does not judge and everyone is welcome under a roof of love here!”
Meanwhile, because the Supreme Court ruling casts the right to marry as a fundamental right under the Fourteenth Amendment, Same-Sex Couples Are Securing Retroactive Recognition Of Their Marriages. Again, it’s a matter of fundamental rights that belong to everyone under the law, which means that they always ought to have been available.
Of course, a lot of people understand that the battle is over. Some of them have understood for a while, and have stopped supporting the organizations whose only mission is to take away marriage rights from queers (and before that they opposed civil unions), as well as take any other rights they can think of. As their fundraising has dropped off, they’re becoming more transparently desperate for cash: And now NOM is literally pleading with its (theoretical) supporters. Their fall has been predicted for a while now. I have had no doubt myself once the tide turned.
One of my favorite bits from the 2014 Slate article:
At every turn, NOM has played dirty, illegally keeping its donor lists secret and actively hiding its fundraising reports from ethics commissions. Its unprecedented campaigns against equality-minded judges represent a shocking encroachment upon judicial independence. And its constant barrage of ad hominem attacks against LGBTQ Americans turned a political campaign into a vicious assault on gay people’s dignity.
—Mark Joseph Stern, writing for Slate
There is an important detail that they have left out of the article: that 2.5 million dollar debt? It’s actually part of an even larger “loan” that their non-political “charity” made to the political arm a couple of years ago. The “charity” other money was raised under IRS rules that say it cannot be used for political purposes. So it’s a teensy bit unethical to loan it for political activity, though technically not illegal. Unless they don’t pay it back. Which, at the rate their fundraising has fallen off a cliff, I suspect they won’t.
It’s so bad, that when as part of his campaign finance statements made after the 2012 election ended (so after 2012), even Mitt Romney’s people felt the need to distance themselves from the donations the Romneys had made to NOM earlier. He’s not running for any office, any longer, and he’s probably the most famous living Mormon right now, so most everyone assumes he’s opposed to marriage equality, yet even he felt the need to minimize his involvement in the fight against marriage equality.
At least some people can read the writing on the wall…
Just a year ago, many conservative pundits were pointing out that the number of states that had adopted marriage equality, and where a majority of the citizens of said states supported it, meant that there weren’t enough states left to ratify a constitutional amendment. Then we have polls released just this week that not only show that a majority of americans support marriage equality, but that a whopping 63% believe that marriage equality is a constitutional right and that the court should rule it so!
I have to point out that back in 1971, four years after a unanimous Supreme Court had struck down bans on interracial marriage, that a majority of americans disagreed with that decision. But no one even tried to pass a federal constitutional amendment to allow states to begin banning interracial marriage again. I don’t believe that anyone could make a credible run at an amendment to ban gay marriage now when a majority of americans support gay marriage.
I should point out, that while 63 percent said they thought the constitution protects the right, a “mere” 57% said they fully support it. Which means that about 6% are personally opposed to queers marrying each other, but also believe it should be legal. That isn’t a contradiction. Lots of us disapprove of things that we also don’t think should be illegal for other people to do if they really want.
The most interesting statistic on that, as always, is the demographic number. We’re used to, in these polls, seeing that young people are more supportive of gay rights than older people. So it is no surprise that roughly 73% of those under the age of 50 are in favor of marriage equality. But the surprise is that just over 52% of people aged 50 and older are also in favor. It’s almost evenly split, but for a long time it was a clear majority of older people who disapproved. Of course, some of that shift has been a simple matter of aging. People who were in their late 40s when polls were taken a few years ago, and were therefore at least slight more likely to be in favor of marriage equality, are now in the older cohort, and they’re brought their beliefs with them. But aging alone doesn’t account for the change. So in the last few years, some of those older people who previously opposed it or answered that they weren’t sure have changed their minds.
It’s that last piece, I know, that some of the haters hang onto. They remain convinced that somehow, if they just keep screaming about how horrible and icky gay people are, that they can start getting people to change their minds the other way.
I don’t think so. I continue to believe that our two best weapon are visibility and familiarity. The more people who know actual gay people—and specifically, the more they see their own relatives and the relatives of their friends not just be out, but stand in line for marriage licenses and have their weddings and so forth without the world coming crashing down—the more supportive they become.
The cliché is that you can’t put the genie back in the bottle. I agree that the marriage equality genie is out and isn’t going back. More importantly, none of us queers are going to allow ourselves to be chased back into the closet.
The Supreme Court is hearing arguments today on four cases involving Marriage Equality. Over the last year, the Court has declined to hear appeals of cases where a federal court struck down a ban on same-sex marriage. These four cases are ones in which the lower courts have struck down some aspect of a state ban, and an appellate court has stayed or overruled the lower court ruling. It’s not a done deal by any means, but it seems clear that a majority of the court is at least willing to let marriage equality become the law of the land. My own worry is not that the court won’t rule that gays have a right to marry, but rather that the less enthusiastic justices will force a very narrow ruling that would ultimately allow people to get fired from their jobs if they marry, businesses to refuse to sell to gay people, and so on.
Anyway, they will hear arguments today, but the ruling is not likely to be announced until nearly the end of the term, in June. Still, people are rallying in Washington, D.C., and there are local rallies happening around the country today.
But here are two nice videos that sum up our side of things:
Nobody’s Memories – PFLAG Canada:
(If embedding doesn’t work, click here.)
It’s Time for the Freedom to Marry:
(If embedding doesn’t work, click here.)
The New Yorker calls it “The Moment for Marriage in Alabama,” while the Religion News Service says, “[the] Handwriting [is] on the wall for gay marriage.”
And they’re both right, at least in the big picture sense. Though we must remember the proverbial warning about counting chicks before they’re hatched. It is clear which way the arc of history is going, but Alabama shows us yet another example of how smooth sailing isn’t in the immediate future—even though In 17 Words, Justice Clarence Thomas All But Declared Marriage Equality Inevitable.
Lots of people have drawn a parallel between the Alabama Chief Justice’s declaration that state officials don’t have to follow the federal court orders about marriage equality to George Wallace’s refusal to let schools integrate racially back in the 1950s. Enough people have drawn that parallel that now op-Ed prices are being written to claim that it isn’t merely “Alabama being Alabama.” According to those pundits, this is somehow not merely prejudice but a manifestation of a deeper-seeded conflict between local and state control versus federal control.
The only way you can make such a ridiculous argument is to be completely ignorant of the history of the struggle for racial equality. Because the argument that it wasn’t prejudice but rather a states’ right claim is exactly what Governor Wallace and the other opponents of segregation and the civil rights movement claimed at the time.
Alabama isn’t the only state where officials are fighting tooth-and-nail against equality for gay people, so in that sense it isn’t just Alabama being Alabama—but it is most definitely bigots being bigoted. If the opponents of LGBT rights were merely (and really) concerned with local control, they wouldn’t (at the same time as they’re making these states’ rights arguments) also be passing state laws to overturn individual cities’ gay rights ordinances.
So, the haters are gonna hate. They’re going to lie and defy. They’ll impede and interfere. But in the end they’re going to lose. Justice will triumph. Equality with reign. Love will prevail.
So, get those lesbian and gay couples to a church, chapel, or courthouse, and let love win the day! And then, let’s dance!
(If embedding doesn’t work, click here!)
But there is a difference with Oregon. There is a reason that none of the previous federal rulings have caused places such as Wikipedia or GLAAD or any other place that is covering his phenomenon to count those states as one that now allows marriage equality.
Oregon is the first state with one of these cases where not a single state or county official argued in favor of keeping the ban.
And that has important legal implications… Read More…
A judge in Idaho declared that state’s ban on same-sex marriage unconstitutional, and refused to issue a stay, so marriages could begin Friday (depending on how the Governor’s appeal to the Circuit Court goes).
The Arkansas Supreme Court declined to issue a stay, but also pointed out that the judge’s preliminary ruling forgot to mention a third statute that prohibits clerks from issuing licenses. More on that in a minute.
The federal judge in Oregon who heard arguments about the ban last month (if you can call it arguments when the state Attorney General and every other group filing a brief agreed with the gay couples that the ban is unconstitutional) ruled that the National Organization for Marriage (NOM) could not intervene on behalf of anonymous citizens who allegedly fear reprisal, so they couldn’t be named.
Seriously, NOM’s behavior on this has been really pathetic. They issued a lengthy angry press release two months before the deadline to file a brief about the case, then they missed the deadline to file. Then the night before the scheduled hearing, they file an emergency request to be allowed to file a brief and come into the court to argue on behalf of the ban, claiming that they were caught off-guard by the hearing? The judge refused to halt the scheduled hearing, but promised he wouldn’t release a ruling until he’d had another hearing on their intervention petition.
Rumor had it that NOM had missed the deadline because they were looking for a county clerk who would agree to be their co-filer. Since marriage equality came to California because the Supreme Court rejected the case on the grounds that NOM and other groups had no standing to step in if the state declined to appeal the lower court ruling, NOM has switched to trying to recruit lower-level state officials to be their puppet petitioner. Rumors were that, with polls shows 58% of Oregon voters already wanting to repeal the state constitution’s ban, no state or county official who might arguably have standing was willing to come forward. That’s why NOM filed late.
They confirmed this in their arguments about why they should be allowed to intervene. They allegedly had several people who wanted to argue for the ban, but only if they could remain anonymous. It should have been no surprise to them that the judge denied the request. Come on! The Supreme Court had already ruled NOM didn’t have standing. Claiming you have anonymous co-petitioners who are afraid even to meet with the judge? That’s just crazy.
And then there’s Kentucky, whose ban was ruled unconstitutional a while ago, but the ruling has been stayed while awaiting the outcome of an appeal. But that doesn’t mean nothing’s happening. No, the original court has now ordered the state to pay the attorneys fees of the gay and lesbian couples who originally filed the case.
But it’s the Arkansas case that’s crazy. When the news first broke last week, I was kind of surprised to read that the Judge had to find both a state constitutional ban and a separate statute banning same-sex marriage violated the federal constitution. Arkansas had both a law and a constitutional ban? Talk about wearing both a belt and suspenders at the same time! But it’s worse than that, there’s another statute that separately prohibits clerks from issuing the licenses. Really? How paranoid can you be?
But apparently, since the state Supreme Court mentioned that third law, everyone, including the counties that had been issuing licenses since Saturday, has stopped following the first judge’s order allowing marriage equality. As more than one observer has pointed out, it seems absurd that once the ban is declared unconstitutional, that anyone could argue that an extra law whose only effect is to enforce this thing that has already been declared unconstitutional can itself remain constitutional.
The original judge had only issued preliminary ruling, not his final orders, so he could mention the third law in those final orders. No one knows if the justices on the state’s highest court did this to make certain everything is covered, or it it’s a delaying tactic to avoid having to decide whether to issue a stay. I’m not sure what the delay would accomplish. Do a couple of them hope that if they wait a few weeks this will all blow over?
Between thr time I started writing this and now, the judge has issued a revised order, and specifically ordered clerks to issue marriqge licenses. So it’s back in the state Supreme Court’s lap. There comes a point where you wonder when the bigots will admit the fight on this is over…