Many gays are celebrating now that Massachusetts' highest court has clarified its earlier ruling and on Wednesday declared we are entitled to nothing less than marriage and that Vermont-style civil unions will not suffice, setting the stage for the nation's first legally sanctioned same-sex weddings by the spring.
Full marriage equality is a goal I whole heartedly support. And I certainly hope this latest judicial action in the Bay State will advance the cause. But it would be extraordinarily na"ve not to anticipate a huge backlash to the court's action.
Already, it appears the ruling is pushing George W. Bush to endorse the anti-gay Federal Marriage Amendment now before Congress -- something he's been dancing around for months. The AP reports that on Wedesday Bush denounced the ruling as "deeply troubling," and
"conservative activists said they had received a White House pledge that he will push for a constitutional amendment to ban same-sex weddings. But Bush, in a written statement, stopped short of endorsing a constitutional amendment, a sensitive election-year issue.
Meanwhile, on the Democratic side, frontrunner John Kerry issued a statement supporting civil unions but adding, "I oppose gay marriage and disagree with the Massachusetts Court's decision."
But more significant is how the rest of the country will respond to what's widely seen as liberal judicial activism (as opposed to legislative action) in what is arguably the nation's most liberal state. A troubling portent:
The Ohio Legislature gave final approval [Tuesday] to one of the most sweeping bans on same-sex unions in the country, galvanized by court rulings in Canada and Massachusetts that have declared gay marriage to be legal. The measure, which also would bar state agencies from giving benefits to both gay and heterosexual domestic partners, would make Ohio the 38th state to prohibit the recognition of same-sex unions.
Gov. Bob Taft, a Republican, planned to sign it within the coming week, his office said.
With reaction brewing in the heartland, Republicans bowing to the religious right and advocating rewriting the U.S. Constitution to permanently make gays second-class citizens, and Democrats hemming and hawing about how an amendment may be a bit much but they, too, are dead set against gay marriage, things could well turn ugly.
That's the pessimistic view. Others, including some of our IGF
contributing authors, don't foresee such a disaster. I hope they're
right.