BOSTON
Laws aimed at barring marital equality fail
By Frank Neisser
Boston
In a drama played out on the national stage,
after more than two days of debate the Massachusetts
legislature failed to pass any of three different versions of a
proposed state constitutional amendment that would define
marriage as restricted to a man and a woman.
The legislative leadership then adjourned the session,
planning to reconvene on March 11. They say they hope by then
to come up with the votes they were unable to find in three
tries on Feb. 11 and 12.
In the weeks leading up to the legislative debate,
supporters of same-sex marriage staged rallies and intensive
lobbying campaigns to convince the legislators to abide by the
decision of the Massachusetts Supreme Judicial Court.
That ruling, issued in the fall of 2003 and reiterated in
February, was unequivocal: Failure to grant marriage licenses
to same-sex couples constitutes discrimination and therefore
violates the state constitution's equal-protection clause. The
court also held that same-sex couples must be extended the full
right to marry, and that any sort of separate civil-union
status would be unequal and unacceptable. Under the court
ruling, marriage licenses must be issued to same-sex couples in
Massachusetts beginning in May.
Labor unions, the Massachusetts AFL-CIO representing over
400,000 workers, lesbian, gay, bisexual and trans rights
groups, and civil-rights and religious organizations--all have
weighed in to oppose the legislators' move to amend the state
constitution to take away the rights the court just recognized
and enshrine second-class status for same-sex
relationships.
On the other side, the Bush administration, Massachusetts
Gov. Mitt Romney and the religious right pulled out all stops
to push for the constitutional amendment. Lots of money was
poured into full-page ads in the Boston Globe. Well-paid
lobbyists flooded legislators' email with messages. Although
rallies demanding same-sex marriage rights were bigger, the
mainstream media gave greater play and favorable coverage to
the right wing--from Catholic Bishop Sean O'Malley on down.
During the extraordinary debate in the legislature, it was
African American and other legislators from oppressed
communities who took the lead in supporting same-sex marriage
right.
State Sen. Dianne Wilkerson, an African American, spoke
about growing up in Arkansas where her mother was turned away
from hospital access to give birth to her children. Wilkerson
said she knows first-hand about separate and unequal treatment,
and that she supports equal rights for same-sex couples.
State Rep. Byron Rushing and several other African American
legislators also testified about their experiences of
discrimination. They said they are opposed to changing the
state constitution to limit rights. They also pointed out that
it was not so long ago that interracial marriage was
illegal.
Openly gay State Sen. Jarrett Barrios told his colleagues,
"Don't believe that if you vote for these amendments you won't
be hurting your lesbian, gay, bi and trans neighbors, citizens
and colleagues, because you will." He explained the effect the
amendments would have on his own family and children, in
denying health benefits, bereavement benefits and visitation
rights.
Openly lesbian State Rep. Elizabeth Malia said that if she
died, her lover of more than 20 years would stand to lose their
common home because of heavy estate taxes, which married
couples do not face.
State Sen. Cynthia Stone Creem, who is Jewish, spoke
movingly about Nazi Germany. She said the experience of being
denied access there was not so different from what was being
proposed in the denial of marriage rights, and she invoked the
shared experiences of Jewish people and gays in the Nazi
camps.
Heterosexual male Catholic legislators also spoke about the
importance of the separation of church and state and upholding
civil rights for all.
Even repackaging couldn't sell it
Despite their best efforts through two days of backroom
maneuvering, writing and rewriting language--with Gov. Mitt
Romney reportedly in close consultation with President George
W. Bush all the while and with Massachusetts senator and
Democratic presidential front-runner John Kerry refusing to
take a stand for equal rights--the right-wing legislators were
unable to push through a discriminatory amendment barring
same-sex couples from the right to marry. The session was
adjourned until March 11.
The legislature's failure to amend the constitution
according to right-wing demands has to be seen as a great
victory for lesbian, gay, bi and trans rights. It is a rebuff
to the establishment and to the religious right, but a
temporary one. Those reactionary forces will be working
overtime until March 11.
All progressive forces must redouble efforts to ensure that
the voice of the people, of justice and fair play prevails.
Reprinted from the Feb. 26, 2004, issue of
Workers World newspaper
This article is copyright under a Creative
Commons License.
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