A Tipping Point For Same-Sex Marriage?

Once widely Unpopular, Marriage Equality is Gaining Support

© Domenick Rafter

May 6, 2009
In the wake of Iowa, Vermont and Maine legalizing same-sex marriage, more states are considering legislation to do the same. Have we reached a tipping point?

Gay rights activists scored two major victories in April when the Iowa Supreme Court and Vermont State Legislature both allowed same-sex marriage in their respective states. Maine followed suit in May when Governor John Baldacci became the first governor to sign a bill legalizing same-sex marriage. Coming on the heels of last year’s voter approved Proposition 8, which banned same-sex marriage in California, gay rights supporters and activists were looking for any signs that they could score victories. They got three in the row.

More States Considering Same-Sex Marriage Laws

Now, more states are considering legislation legalizing same-sex marriage. Both houses of the New Hampshire Legislature passed marriage equality legislation. New York Governor David Paterson introduced legislation to legalize same-sex marriage in the Empire State; it’s expected to pass the New York State Assembly easily, but prospects in the Senate are not so good. A similar bill passed the New York State Assembly in 2007. New Jersey Democrats are also considering a bill to legalize same-sex marriage. The Garden State already legalized civil unions in 2007, and New York recognizes same-sex marriages performed in other jurisdictions, along with Rhode Island and the District of Columbia.

Popular Support for Same-Sex Marriage Rights Growing

Recent polls from CBS News/New York Times and ABC News/Washington Post show anywhere from 42%-49% of Americans support marriage equality. While not a majority, it shows a huge growth in support since Massachusetts became the first state to legalize same-sex marriage in 2003. Younger Americans, those under age 40, overwhelmingly support marriage equality, while older voters are opposed. According to the recent CBS poll, 42% of Americans supported same-sex marriage rights, up from 30% last June. The biggest growth in support is among Democrats, likely young voters who became part of Obama’s 2008 coalition. The same poll from last June showed that 36% of Democrats, 34% of Independents and 14% of Republicans supported same-sex marriage; now those numbers are 52%, 43% and 18% respectively. The same polls show that while the country hasn’t yet come around to marriage, a clear majority of Americans support adoption rights for gay couples, civil unions, and a repeal of the ban on gays in the military. LGBT rights supporters say those poll results show that gays and lesbians are winning the battle for acceptance in the United States and they are optimistic that marriage equality is not far behind.

Marriage equality finds its strongest supporters in the Northeast. All four states currently considering same-sex marriage legislation; New Hampshire, New York, New Jersey and Maryland, are in this region, as are the two most recent states to legalize same-sex marriage; Vermont and Maine. In January, Senator Kirsten Gillibrand of New York came out in favor of marriage equality upon being appointed to Hillary Clinton’s Senate seat. Gillibrand’s endorsement of marriage equality marked the first time a politician has moved left on the issue upon seeking higher office. Gillibrand had previously only supported civil unions.

In June, California’s Supreme Court will rule on the constitutionality of Proposition 8, the voter-backed referendum that outlawed same-sex marriage in the Golden State last November. If the California Supreme Court overturns Proposition 8, it could be a landmark decision, not only because it would reinstate same-sex marriage in the state, but it will also set a legal precedence that could lead to the overturning of constitutional amendments banning same-sex marriage that have been approved by voters all across the country.

Opponents of same-sex marriage thought they had scored a huge victory in Proposition 8, but that victory may have been nothing more than a battle won in a war they are destined to lose. Since Proposition 8, the number of states that legalized same-sex marriage has doubled. It’s possible that within the year, that number will double again. Iowa and Vermont may have trigged a domino effect that could change the way gay rights and the once radioactive issue of same-sex marriage are viewed in the United States.


The copyright of the article A Tipping Point For Same-Sex Marriage? in Gay Rights & Law is owned by Domenick Rafter. Permission to republish A Tipping Point For Same-Sex Marriage? in print or online must be granted by the author in writing.


A gay marriage support in Albany, New York , Associated Press
       


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