Today’s New York Times carried the story: Just
after midnight yesterday, marriage equality arrived in Maine.
It became legal earlier this month in Washington State,
and marriage equality will begin in Maryland on Tuesday. On the same day that these three states legalized same-sex marriage
at the ballot box, Minnesota voters defeated a constitutional amendment that
would have added a ban on marriage equality to that state’s constitution.
Prior to this
November, same-sex marriage had been on the ballot 31 times, and it lost 31
times. This year, marriage equality was on the ballot in four states, and we
won in all four.
Actually, to be precise, Arizona pro-equality voters
defeated a constitutional ban on same-sex marriage in 2006, largely by
“de-gaying” the campaign. They did this by arguing that their opposition to the
amendment wasn’t about same-sex marriage, which was already illegal in Arizona.
Instead, they opposed the amendment because it would result in the loss of
benefits for many of the state’s seniors. Underscoring this position, ads
against the amendment featured older heterosexual couples instead of same-sex
couples. Just two years later, voters undid the “win,” handily passing an
amendment banning marriage equality.
This year’s wins
are testimony to how far we’ve come—in changing voters’ attitudes and in
crafting successful campaigns that actually foreground marriage. And it speaks
volumes that in this election, LGBTQ issues were not successfully used as a wedge
issue on the national stage.
Those of you who
are interested in these things might enjoy this excellent Atlantic Monthly review of the campaign for marriage equality
since Proposition 8, the 2008 initiative that overturned Californians’ right to
marriage equality. In it, Molly Ball outlines the ins and outs of the story
behind this amazing shift from persistent losses to dramatic wins. Among other things, she discusses the “breathtaking epiphany” that began to shift the argument
for marriage equality from a discussion of rights to a discussion of love and
commitment. I first learned about this shift-in-process at the NGLTF Creating Change conference last year. And here it
is, in the news, as the strikingly new narrative of the suddenly successful
marriage equality movement.
In some ways,
marriage equality now seems inevitable and even imminent, like it may become the law of the
land even in my lifetime. But there are still major obstacles ahead, not the least
of which is a fundamentally conservative Supreme Court, whose rulings on the
cases it has chosen to hear may set the movement back rather than forward. Even
a favorable ruling in the case of Prop 8 could leave Californians no farther
ahead than if the Court had refused to hear the case, and no other states may
be effected. The other case has to do with whether the federal government can withhold
federal benefits from married couples in states that already approve same-sex
marriage. In this form, the case will have no effect on states that already ban
same-sex marriage, as most states do. In fact, some 31 states (including my home state of Colorado) have constitutional amendments banning
same-sex marriage—which are far harder to overturn than simple legislative acts.
But even if
marriage equality were achieved, this is only one issue that the LGBTQ
community needs to address. In fact, many folks argue that we have spent far
too much time, far too much money, and far too much political capital and
citizen good will on marriage. Marriage, after all, will benefit only that
slice of the community who want to marry; who have the social, professional,
and physical safety to take such a step; who have a partner to whom they choose
to make this very complicated social and financial commitment; and who believe
in marriage in the first place. (This may not seem obvious, but that last item actually
cuts out a fair number of folks.)
Besides, while we
have been focusing on marriage, other burning issues have been largely ignored—or
at best, inadequately addressed: the invisibility of transgender people and
their issues in the mainstream LGB(T) rights movement; the relatively high
proportion of LGBTQ people (especially lesbians and their children and trans
people) living in poverty—particularly LGBTQ people of color; legal and
practical problems around parenting and adoption; continuing discrimination in
employment and housing as well as in mainstream organizations like the Boy
Scouts; persistent racism, classism, sexism, and other forms of prejudice and
discrimination within the LGBTQ
community. And more.
I may have told this story before, but it fits so well: Some years ago,
when I was grousing about these things, my partner said to me, “But imagine it
were any other group—people of color or poor people or a particular religious
group—who were trying to achieve marriage equality. Wouldn’t you support them
in that cause?” Of course, I had to say yes. And on that level, as a group
seeking equality in one of society’s major institutions, I support the marriage
equality movement. I have donated both time and money to the groups who are pursuing
this end. But I’ve never stopped feeling uncomfortable about it on another
level. At the level of all the issues left aside by this movement. The level where
I resist the notion that the government should have any say in my
relationships, in what sort of relationships should and should not be
privileged (e.g., by eligibility for social recognition and financial support—insurance,
Social Security, parenting rights, health care, all of it).
Still, this is the movement we have at this moment,
and I do celebrate the wins. Yet, I try to keep in mind that other issues are
just as (or more) burning for many in our community. Some of these are linked
to marriage—e.g., many parenting issues would be eased if same-sex couples
could legally marry. Others wouldn’t be helped at all.
Looking for a way
to reconcile these perspectives—the joy and the discomfort—I realize that we
have learned some very important lessons in this process that may serve us well
as we (hopefully!) turn to other issues. Here’s one lesson:
As the Atlantic article explains, a large part
of the shift we saw this November from all losses to important wins was a shift
in the message LGBTQ campaigns used in arguing for marriage equality. At some
point, some activists realized that the LGBTQ movement had been appealing to
people’s minds (“Let me give you some
statistics about inequality”), while the anti-equality movement was appealing
to their emotions (“Let me tell you a
story that will move you”). It turns out that stories and feelings trump numbers
and minds and when it comes to voting on complicated and confusing wrinkles in
the cultural fabric. So these recent, successful campaigns focused not on data
but on LGBTQ people and their allies telling their stories. Door-to-door
canvassing didn’t involve peppering voters with facts. Instead, it involved
having conversations about shared values and personal lives.
I was reminded of
this lesson about the importance of stories this morning when I read this article about a lesbian couple’s attempt to adopt a child.
I was moved by this article, and I imagined that others, even those who have
not thought about such things before, might be as well: the simple fact of
wanting a child made far too complex and fraught. This couple could have been
heterosexual, and many of the same events might have transpired. But the limitations on their options for adoption and their inability to fully support each other stemmed from nothing but persistent prejudice and discrimination. Since I have lesbian friends with a new baby,
I couldn’t help but think of them and of all the thought, hope, fear,
excitement, anxiety, uncertainty, and joy they experienced waiting for their
child.
In all of the many
ways that children may come into one’s life, sexual orientation ought to be such
a non-issue. As we turn to other issues of equality, stories like this one may
be what changes hearts.