Is Marriage the Next Major Gay Issue?
In the Supreme Court decision in Lawrence vs. Texas, both the majority
and minority opinions raised the prospect of gay marriage. More properly
termed same-sex marriage, this threshold of gay admittance to equality and
respectability is to some gays and straight liberals the next major goal for
gay liberation. In recent weeks, it has been endorsed by such mainstream
publications as the Chicago Tribune and the Washington Post.
Marriage-related court cases are progressing in Massachu-setts, New Jersey,
and Nebraska, and there is a likelihood that soon a U.S. court will have to
decide whether to recognize a same-sex marriage performed in Canada. Gay
groups across the country are giving it a high priority.
Don’t expect smooth sailing. Less than a week after the Supreme Court
struck down antisodomy laws, Senate Majority Leader Bill Frist (R-Tenn.)
announced his support for the Federal Marriage Amendment (FMA), a proposed
addition to the Constitution that would define marriage as a union between
and a man and a woman. Frist is widely regarded as a moderate, even on gay
matters, and it was surprising that he seemed to be promoting the FMA as the
GOP response to the high court’s sodomy ruling. With a recent Gallup poll
showing that 62 percent of Americans believe gay sex should be legal,
Republicans didn’t want to make antisodomy laws an issue. However, Gallup
has also found that 55 percent of voters oppose same-sex marriage. By
shifting the issue from the sodomy case to gay marriage, the GOP keeps its
conservatives happy and stays on the majorities side.
It was another surprise several days later when President Bush tugged at
the rug under Frist’s feet, endorsing marriage as a heterosexual
institution, but taking a wait-and-see attitude on the amendment.
With the 2004 election looming, the White House doesn’t want a divisive
issue such as same-sex marriage in the spotlight. Bush needs the votes of
the gay-bashers, but he apparently isn’t personally antigay, nor does he
want to scare off fiscally conservative but socially liberal voters. Don’t
be surprised if—despite Frist’s comments in support of the FMA—the
White House and the GOP congressional leadership make sure the marriage
amendment gets stuck in a committee for now.
The gay marriage issue also presents a problem for the Democrats. Of the
nine candidates seeking the Democratic presidential nomination, only three
have endorsed same-sex matrimony: Al Sharpton, Carol Moseley Braun, and
Dennis Kucinich. Not coincidentally, these three are the least likely to win
the nomination. Howard Dean, the darling—justifiably so—of many gay
activists, has waffled on gay marriage (he is, after all, trying to win the
election), but has said he would recognize the legal status of same-sex
couples married in Canada.
The five other Democratic candidates—John Edwards, Dick Gephardt, Bob
Graham, John Kerry, and Joe Lieberman—agree with the Supreme Court’s
sodomy ruling, but have avoided committing to gay marriage.
It’s not that the Democratic Party isn’t pro-gay, but it has little
interest in falling on its sword for us—witness Democratic support in
Congress for the antigay Defense of Marriage Act in 1996, and President
Clinton’s allowing it to become law.
With both major parties preferring to see the gay marriage issue deep-sixed,
at least temporarily, the likelihood is that the Congress will keep the FMA
bottled up until after the 2004 election. Once the election is over, there
may be a renewed right-wing push for its passage. In contrast, by 2005,
Democrats will probably begin testing the waters to see if they can safely
support same-sex marriage or its equivalent. And sooner rather than later—perhaps
ushered in by another pro-gay Supreme Court ruling—it may become a
reality.