This year may well be remembered as the year developments increasing equal marriage rights for same-sex couples occurred at breakneck pace. Consider that in the last week:
In California, a federal appeals court struck down Proposition 8, the state's same-sex marriage ban, leaving opponents to decide their next move in the federal Perry v. Brown case.
In New Jersey, the state Senate on Monday voted 24-16 to pass a marriage equality bill. Marriage equality supporters garnered 10 more yes votes this time around compared to the disastrous vote two years ago in which the bill went down in flames. The state Assembly is expected to vote on the legislation Thursday. And while Republican Governor Chris Christie has vowed to veto the bill and thinks the voters should decide this equal rights issue, advocates are pressing ahead by helping to change public opinion.
In Maryland, a legislative committee voted Tuesday to send a marriage equality bill on to the full Assembly. One Republican voted with the majority, according to media reports.
These developments demonstrate what we've long believed, namely that LGBT and allied advocates pursue an aggressive, offensive strategy for securing equal rights, and not let the community be defined by a few yahoos like Brian Brown and Maggie Gallagher of the National Organization for Marriage.
The Republican presidential candidates, of course, are trying to outdo each other in their opposition to marriage equality, but this year, unlike past years, the issue isn't the boogeyman. And when the candidates demagogue against other social issues, such as birth control �" what is contraception doing as a major issue in 2012? �" they leave their safety net of gay-bashing and voters begin to see just how out of touch they are with mainstream America. Republican presidential candidate Rick Santorum, a cultural warrior, will soon be seen as the extremist conservative that he is; his comments at the Conservative Political Action Conference last week that insurance companies shouldn't cover contraception because it "costs just a few dollars" surely will not endear him to millions of American women. Yet no Republican presidential candidate suggests that insurance plans should stop covering erectile dysfunction medication for men.
More work to do
As gratifying as the last couple of weeks have been for the LGBT community, there is still a huge barrier to equality: the federal Defense of Marriage Act. President Barack Obama arrives in San Francisco Thursday for some fundraisers, providing an opportunity for people to speak out about the importance of repealing DOMA. Senator Dianne Feinstein (D-California) last year introduced a bill to repeal this hideous law, and it has been gaining co-sponsors. Repealing DOMA, which Obama supports (his Justice Department a year ago decided to stop defending the law in court cases), is the single most important factor in providing equality for same-sex couples; it affects everything from taxes to spousal benefits to spousal support in divorce cases, as we report this week. And community members should keep in mind that while seven states now have marriage equality laws on the books, those couples who tie the knot are still not legally recognized by the federal government.
Marriage may be on the move, but equality is stalled in Congress. This election year, with an expected turnover in Congress likely because of redistricting, LGBT voters must make the case that getting this law off the books is a top priority.