Tuesday, March 12, 2013

The Next Twelve: 12 States That Will Probably Legalize Same-Sex Marriage

Still trying to wash away the disgust I feel for the Kentucky legislators and their Religious Freedom Bill, I needed to find a ray of light today; a little window of hope. And this might be it …. It looks as though twelve more states might be passing marriage equality legislation this year, and next, and are doing so far faster than previously thought.

Back in 1990, three same-sex couples sought marriage licenses in Hawaii—they were denied. But, in the 22 years since then, nine states— Connecticut, Iowa, Maine, Maryland, Massachusetts, New Hampshire, New York, Vermont, and Washington—along with the District of Columbia have passed marriage equality legislation, and now it looks like twelve more will be legalizing equality, and doing so even faster.

Here, from PolicyMic.com, are what could be The Next Twelve:
11. Illinois: Lambda Legal and the American Civil Liberties Union are pursuing two lawsuits representing 25 same-gender couples in civil unions that have been proven inferior to full marriage. But legislators are on track to pass a same-gender marriage law well before those cases go to trial.
12. Rhode Island: Same-gender couples show little enthusiasm for the civil unions enacted in 2011, and appear to be waiting until they can truly, fully marry.
13. Delaware: Laws change only via this state's legislature or its courts; there is no ballot initiative, referendum, or recall. With no option for a ballot, and no litigation pending, all eyes are on the State House, where the governor is calling same-gender marriage "inevitable."
14. New Jersey: All three options are running in parallel: Democratic lawmakers are a few votes shy of overriding the Republican governor's veto of the marriage equality law that they passed in 2012; some lawmakers want to put human rights up to a popular vote, which the latest polls show would pass 53% to 36%; and litigation begun 11 years ago might generate a ruling before a veto override or a voter ballot.
15. Minnesota: The governor has promised to sign a marriage law as soon as the legislature can pass it.  A few fearful Democrats are reluctant to do so, but in their places are a few brave Republicans, making the final vote a cliffhanger.
16. Hawaii: At the first state legislature to ever consider marriage equality, the 23-year fight continues.  Multiple measures (statutory and constitutional) would allow same-gender civil marriage, and multiple counter-measures would ban it. Meanwhile, LGBT couples suing for full marriage to replace their back-of-the-bus civil unions lost their case in district court, but then appealed, with a trial likely around January 2014, the same time that legislators resume debating.
17. Michigan: Some citizens are trying to raise $10 million and gather 300,000 signatures for a 2014 ballot measure, while other citizens want to delay that human rights vote until 2016. Meanwhile, a federal judge just told two nurses who sued (so they could marry each other and adopt all their children jointly) that he won't rule on their case until he sees what the U.S. Supreme Court does in other marriage cases.
18. Oregon: Citizens are gathering 116,284 signatures to put their own human rights up for a vote on the 2014 ballot.
19. Colorado: Democrats retrieved control of the legislature from Republicans in 2012, at which point the victors said they'd pass a civil union law in 2013, repeal the constitutional ban against same-gender marriage in 2014, and then pass a new marriage law, also in 2014.
20. New Mexico: If both the House and Senate approve a constitutional amendment allowing same-gender marriage in 2013, it will appear on a statewide ballot in 2014.
21. Nevada: Eight same-gender couples sued in federal court for full marriage rights, and the Mormon judge who ruled against them said that they have no constitutional right to marry, after wrongly assuming: (1) that same-gender couples do not procreate; and (2) that when same-gender couples marry more often, then mixed-gender couples marry less often. He appears unaware that same-gender couples often raise children from prior marriage, fertilization, surrogacy, foster care, and/or adoption. The judge also ruled that gays and lesbians are politically powerful enough to protect themselves, and too powerful to qualify as a minority class. Lambda Legal appealed to the Ninth Circuit Court of Appeals (where California Proposition 8 was ruled unconstitutional). A ruling is likely in 2014. Meanwhile, if the House and Senate approve a constitutional amendment for same-gender marriage in 2013, it will appear on a ballot in 2014. 
22. California: The most complex, unusual, and long-running marriage equality battle in America continues to entertain, and to anguish. Now in its 13th year, the final disputes are before the U.S. Supreme Court to decide three main questions: whether the defendants (the sponsors of California Proposition 8, which ended marriages between same-gender couples) can defend a state law after state officials opted not to; whether those defendants would suffer harm from same-gender marriages; whether it's constitutional for California voters to repeal same-gender couples' constitutional right to marry; and whatever other topics the court might add. The possible rulings could affect just California, or all of the Ninth Circuit states, or multiple states in multiple Circuits, or all states, so the potential rulings are too numerous to itemize. But if the courts do not restore full marriage rights, then California voters — who now favor repealing the ban that they passed five years ago — will undergo another ballot campaign in 2014, perhaps costing another $80 million in private political funds.
The march is on, people, and as more and more states make all of their citizens legal in the eyes of the law, the federal government will have no choice but to follow suit. With SCOTUS planning to rule on same-sex marriage, and DOMA set to take a fall, this could be good.


Anonymous said...

I'd like to update you on Rhode Island. The house voted for marriage equality with 72% of the members voting yes.

Based on sponsorship alone I had them at 56%.

The issue is the Senate. They've been stonewalling. Now they're talking about putting religious exclusions into a marriage equality bill, just like what happened with and makes so odious the civil unions.

Now the Prop 8 case before the Supreme Court - I'm sure you've heard the 8 state solution. Rhode Island is one of the 8 states.

I suspect it'll be federal judiciary that finally grants us our rights.

the dogs' mother said...

Who can say no to more cake?!

anne marie in philly said...

PA will never be on the equality list - too many inbreds, just like KY. :(

S'A said...

I wish we didn't have a fight on our hands here in Illinois, but some of these down-state politicians are still pretty back-woods conservative. Pro gun, anti equality.

Ask the Cool Cookie said...

Ohio should be on this list. But the effort is independent of the national funding.

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