When the Supreme Court announced that it was, after much
speculation, and even further musings, announced that it was going to take two
marriage equality cases, one of which would strike down the
federal law the Defense of Marriage Act, advocates and supporters were
delighted.
As I have reported, for over a year, this story, is one
that will help hundreds, if not thousands of families across the nation, as
they struggle to find legal ways to protect themselves, and their children.
With a certain number of test cases that have come from
across the country, most recently that of Edie
Windsor, who was awarded damages, after the death of her
longtime partner, and also that of a sympathetic, judge in an appeal court, the die is cast for
a federal decision for the low-hanging fruit of the Defense of Marriage Act
(DOMA).
The United States has established a reputation, of sorts,
of not simply granting rights to its citizens, be they a racial, or a sexual
minority, but also of not having rights, unless expressly granted by the federal
government.
So, we are less on a trajectory, and more on a familiar
path – one that a generation ago might remember with the case of Loving v. Virginia
that made it federal law for blacks and whites to marry, when there actually
had been state precedents towards interracial marriage but NOT on the federal
level.
On the heels of this news came laws, in several states,
Washington state, being the most recent, legalizing same-sex marriage, as one
of three states where marriage-rights were established, not by the judiciary,
but from the ballot box; thus supporting the assertion that as the country’s
attitudes towards gay and lesbian people have changed dramatically; and in a
very short time.
While most advocates have been cautiously optimistic, a
few causes have been mentioned: younger voter patterns, as in Minnesota where
79 percent of younger voters voted against a proposed ban of same-sex marriage;
in Maine, the attribution was for those in the electorate, who were
progressive; and in Baltimore, two African American Southern Baptist ministers
who courageously fought on behalf of the disenfranchised, in communities
where both homophobia, and controversy reign.
While the reasons abound, it’s obviously time for
America, to use the euphemism of comedian Joan Rivers, to just “grow up!”
But, this growth has also occurred with a swiftness that
even long-time supporters have wondered about.
For me, it seems as if the gay community has now enjoyed
an easy familiarity (at least outside of the South) with their non-gay
counterparts in a way that is possibly more attributable to everyday people.
Another reason, built on the backs of those who have
fought the good fight, is that people have simply come out, in addition to
rubbing shoulders in every venue; and that simple fact alone may have given
rise to non-gays seeing that there are more similarities than differences
between the two. For as Shylock, said, in the Merchant of Venice. “If you do
prick me shall I not bleed?”
And, we certainly cannot forget that President Obama
after his, by now, infamous,, “evolving”, came out publicly in favor of
marriage equality, a position that he publicly advocated in his early political
days in Illinois, but did not resurface until he saw a more favorable political
climate – albeit with a view from the Oval Office; because as in life ,everything,
timing is everything.
We cannot, at any rate, ignore the fact that money played
a crucial role, in addition to everything discussed. As the Keen News Service
reported in the Windy City Times:
“Money that enabled campaigns to make earlier media buys
that were both cheaper and provided for a long, sustained interaction with
voters. The money also totaled much more than the National Organization for
Marriage and marriage equality proponents could muster.”
But, as I noted earlier, the issue at stake, before the
highest court is one that affects the fabric of the lives of Americans, is in
the words of Thomas Jefferson, of “life, liberty and the pursuit of happiness.”
Of the myriad of rights that non-gay people have with
federal recognition of their marriages, one of the most important, especially
for low-income couples, is being able to receive the deceased partner’s social
security benefits.
As the wire services have noted, “If DOMA is found
unconstitutional, same-sex couples married
the state level will become eligible for the same federal treatment as
opposite-sex couples when it comes to financial matters such as taxes and
Social Security benefits.”
One of the most cumbersome, and time consuming efforts
for couples that are joined together in civil unions is the filing of tax
returns, or as Kelly Cassidy, State Rep. in Illinois told us, in an interview
that she, and her partner have to create a “dummy” federal form, and one that
had no legal status, but was merely a conduit in the filing process, in order
to file their taxes.
But, if DOMA falls, then not only families like Cassidy
will be able to file jointly, but would
also be able to reduce their “tax liability by as much as thousands of dollars
a year -- especially when one spouse earns significantly more than his or her
partner.”
In Illinois, where I live, the ante was upped
significantly, in favor of same- sex marriage; when Mayor
Rahm Emanuel placed it as number three on his legislative
“to-do” list. As he noted, “Although the state of Illinois now has civil
unions, the time for marriage equality is now. The time is right, and the time
is here.”
Bernard Cherkasov, CEO of Equality Illinois the state’s
oldest largest and most effective LGBT advocacy organization, noted, in a
recent press release:
“It's just time for a state steeped in the tradition of
fairness and equality to remove this barrier to full recognition of the
relationships of LGBT couples. It's just time to end the fallacy that the
separate status of civil unions is equal to marriage. It's just time to put to
rest the mistaken notion that changing the civil law on marriage will force any
religion to sanctify any marriage against its belief. It's just time that the
children of LGBT couples have the full protections of law that marriage
provides.”
I couldn’t agree more.




