Emboldened Gay-Marriage Supporters Now Want More

By Wetzstein, Cheryl | The Washington Times (Washington, DC), November 23, 2012 | Go to article overview

Emboldened Gay-Marriage Supporters Now Want More


Wetzstein, Cheryl, The Washington Times (Washington, DC)


Byline: Cheryl Wetzstein, THE WASHINGTON TIMES

Bolstered by their recent wins at the ballot box, gay-marriage activists say they are looking to build on their newfound momentum at the ballot box and in the courtroom.

Having broken a long losing string at the polls Nov. 6, gay marriage backers already have targeted several states for statewide voting drives, even as they await an imminent announcement from the Supreme Court that could reignite the battle over same-sex marriage in California.

Among the states being primed for marriage battles are New Jersey, one of just two states electing a governor and new state legislature in 2013, Delaware, Illinois and Rhode Island.

All four have civil-union laws, which gay activists would like to convert to legal marriage laws, especially given the momentum of voters approving such laws in Maryland, Maine and Washington state, and rejecting an anti-gay-marriage amendment in Minnesota this year. Before this year's votes, gay-marriage opponents had defeated more than 30 straight statewide proposals to ease restrictions on same-sex marriage.

In New Jersey, for instance, we're full-steam ahead in the drive to override GOP Gov. Chris Christie's February 2012 veto of a gay-marriage law, said Steven Goldstein, chairman of Garden State Equality.

However, an even greater prize may be on the horizon.

California clash

On Nov. 30, the U.S. Supreme Court is scheduled to discuss whether to take up a lawsuit challenging whether California's voter-passed Proposition 8 was properly struck down by federal courts. Prop. 8, which defines marriage as the union of one man and one woman, has been in effect - and in court - since it was passed by voters in a fiercely contested 2008 initiative drive.

ProtectMarriage.com and Alliance Defending Freedom this year petitioned the Supreme Court to review the case of Hollingsworth v. Perry, arguing that the equal protection clause of the 14th Amendment makes the California proposition unconstitutional.

The American Foundation for Equal Rights and the city and county of San Francisco asked the high court to deny consideration of the lawsuit, arguing that federal courts correctly overturned Prop. 8 as unconstitutional.

If the Supreme Court declines to take up the case - which could happen Dec. 3 - the initiative would be thrown out and gay marriage would quickly resume in California.

That would have a massive impact, nationally, Mr. Goldstein said. When you have California and New York - the pillars of the East and West coasts - and many more states with marriage equality, the house of cards of discrimination have all been shuffled out.

Opponents of gay marriage say allowing the lower court decision to stand would be a rejection of the expressed will of California's residents, said Greg Quinlan, director of government affairs for the New Jersey Family Policy Council, a traditional values group.

It would be a blow to our democracy ... to overturn the vote of the people, he said. California voters have defended marriage as one man and one woman not once, but twice. If their measures are thrown out, then you start to wonder, 'Does my vote count at all?'

San Francisco Catholic Archbishop Salvatore Cordileone noted in the days after the vote that gay-marriage opponents were badly outspent by gay-rights groups, and bishops are grappling with how they can be more persuasive.

The election is a symptom of a much larger problem, Archbishop Cordileone told The Associated Press. Most people don't understand what marriage is.

The Supreme Court at the end of the month is also expected to consider several cases challenging the constitutionality of the Defense of Marriage Act, signed by President Clinton in 1996, which defines marriage as a union of a man and a woman in federal law. …

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