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COPYRIGHT 2001 Liberation Publications, Inc.
Just as the far right is launching another attack against The freedom to marry--this time in the form of a proposed constitutional amendment--marriage-rights expert EVAN WOLFSON outlines the blueprint for a new campaign to secure equal marriage rights for all lesbians and gay men
We can win the freedom to marry. Possibly within five years. This bold declaration, which I hope becomes a rallying cry, raises many questions--not the least of which are: Why marriage and why now? Who's "we"? How do we do it? And, five years?
Before I tackle those questions, though, let's savor the possibilities: We can seize the terms of the debate, tell our diverse stories, engage the nongay persuadable public, enlist allies, work the courts and the legislatures in several states, and achieve a legal breakthrough within five years. I'm talking about not just any legal breakthrough but an actual change in the law of at least one state, ending discrimination in civil marriage and permitting same-sex couples to lawfully wed. This won't just be a change in the law either; it will be a change in society. For if we do it right, the struggle to win the freedom to marry will bring much more along the way. It is not just the attainment but the engagement that will move us furthest and fastest.
But first, let me tackle those questions.
Why marriage and why now?
Marriage is many things in our society. It is an important choice that belongs to couples in love. In fact, many people consider their choice of partner the most important choice they ever make. Civil marriage is also a legal gateway to a vast array of protections, responsibilities, and benefits (most of which cannot be replicated in any other way). These include access to health care and medical decision making for your partner and your children; parenting and immigration rights; inheritance, taxation, Social Security, and other government benefits; rules for ending a relationship while protecting both parties; and the simple ability to pool resources to buy or transfer property without adverse tax treatment.
After passing the federal antimarriage law marketed as the "Defense of Marriage Act" in 1996, the government cataloged more than 1,049 ways in which married people are accorded special status under law. Add in the state-level protections and the intangible and tangible privileges marriage brings in private life, and that makes more than 1,049 ways in which lesbians and gay couples are ripped off.
Marriage is a known commodity, permitting couples to travel without playing "now you're legally next of kin; now you're legally not." It is a social statement, describing and defining one's relationships and place in society. It is also a personal statement of commitment that receives public support and can help achieve common aspirations for stability and structure in life. It has spiritual significance for...
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