Same-Sex Marriage: Updates from Two Fronts

The struggle for marriage equality goes on across the United States.  While most of the attention around the issue has been, for the past several months, centered on California’s Proposition 8, other states continue to grapple with the issue, and the impact of what happens in one state can and often does impact what happens in another state.

Such is the case in New York.  Marriage – in New York and all in 50 states – is a state issue, legally.  In other words, states create and recognize (or, in the case of the LGBT community, do not recognize) marriages.  As certain states have expanded their marriage laws to include same-sex marriage, this has given rise to thousands and thousands of same-sex marriages, marriages granted in states like MA and CA.

What happens to those marriages – and to the rights of those married – when they leave the states in which they were formed?  Well, straight people enjoy the same marriage status in all states that they do in the state in which they were married.  This is a principle of Federalism, and is covered by the “full faith and credits clause” of the U.S. Constitution.  Now, DOMA (Defense of Marriage Act) has crimped that, and, as a result, placed state-by-state recognition of same-sex marriage in question.

Last week, the New York Appellate Division, Second Department, upheld the propriety, under the law, of Westchester County’s (NY) recognition of out-of-state same-sex marriages.

This means that same-sex couples married in one state can receive marriage recognition in the state of New York.   Since this usually plays out on a county by county (or even city by city) basis, it is not unlikely that, even in New York, and even despite this ruling, some local officials will try and refuse equal rights to same-sex married couples from other states.  And, over and over, in New York, they will be wrong, and they will lose.  Eventually, however, even the most ardent gay-hating country administrator will get it.

Meanwhile, back in California, on the Prop 8 front, ProjectMarriage, along with some other supporters of reversing same-sex marriage rights, have filed suit in the California Supreme Court opposing Attorney General Jerry Brown’s attempt to overturn Prop 8, and thus reinstate the legality of same-sex marriage in California.

In essence, their lawsuit claims that the people of California had the right, through the ballot initiative process, to overturn same-sex marriage, and, therefore, the California Supreme Court should reject Brown’s – and all other group’s – arguments to the contrary.

This was expected.  Groups on both sides are loading up the Court with amicus briefs, arguing for or against a reversal of Proposition 8.  As with the main lawsuit, these briefs will be settled sometime in the future, when the Court reaches a decision on the issue.

In the meantime, the battle(s) for same-sex marriage equality rolls on across the country, as the decision in New York demonstrates.

These two cases also demonstrate that the time for vigilance and speaking out in favor of full and equal rights for the LGBT community under the law is upon us, and that the LGBT community must remain active and visible in any and every state of this country until these battles are won.  No one decision will change everything for good or for bad permanently.  That is not how this country works. 

Progress is slow and grinding, and victory goes to the diligent, to the last man, woman, Lesbian, Gay, Transgendered, Queer, Questioning or Bisexual person standing.

Comments

[Franconi]

Hi,

I've pretty much said my peace with a particular conservative forum, but I'm dealing with people who are so terribly ignorant about gay lifestyles it's profoundly sad.

I urge you to go to:

http://wizbangblog.com/content/2009/01/09/abortion-homosexuality-and-marriage.php#comments

and voice your opinion. I don't think you can sway anyone here, but since I seem to be the only voice who has any sense of reality and justice, there needs to be more.

Hansel2