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Happy National Freedom to Marry Day, everyone! And that means everyone: lesbian, gay, bisexual, transgender and straight. We figured with Valentine's Day approaching we'd give you a bit of a rundown on just how state-sanctioned your love is depending on if you live in a commonwealth, state or district. This year's NFMD brings mixed news for gay couples wanting to enjoy wedded bliss, or at least all the swag from their Crate and Barrel registry.
The goal of the day, conceived by D.C.-based Lamba Legal in 1999, has proven elusive as officials try to parse the tricky status of marriage and groups on both sides make it a defining issue for national parties and candidates. Looking back on 2006, it's clear Americans are terribly worried about who's married, who's not and what that says about everyone's values.
In many ways the Washington Metro area is a perfect microcosm of the country, where in one 30-minute drive a couple can alternately form a domestic partnership, have their legal union nullified or settle down and wait, like the majority of the country, for lawmakers or courts to determine their fate. Anyone for a road trip?
Let's start in the District, where gay couples enjoy the greatest rights and recognition. Any couple, hetero- or homosexual, can register for a domestic partnership, granting them almost the full card of marriage-related rights. D.C. government employees can even get health benefits for their partners. Council member Jim Graham (D- Ward 1) calls it "civil unions in all but name." But of course, like many of D.C.'s best laid plans, our Congressional big brothers have jumped in to voice their opinions when progressive measures pop up, often threatening to delay or yank federal dollars from the city's budget if the line isn't toed properly. Mayor Williams always voiced strong support for gay rights, but was forced to tone it down a few times to escape a Republican Congress's scrutiny. In 2005 a move to allow gay couples legally married in other jurisdictions to file their D.C. taxes jointly was given the kibosh after Sen. Sam Brownback (R- Kansas) ever-so-subtly voiced his concern.
Photo by Flickr user buschap used under Creative Commons license.
Perhaps emboldened by the Democrats' win in the mid-term elections, the City Council passed legislation last December which would allow domestic partners to file jointly on their 2007 D.C. tax returns.
The Blade described its passage as "without fanfare," perhaps in an attempt to avoid controversy and the attention of Congressional conservatives and gay-rights opponents. All this could make the U.S. jurisdiction with the least voting rights one of the most open to equal protection for the LGBT community. While Mayor Adrian Fenty openly supports domestic partnership laws, we'll have to wait and see how he'll fare under new Democratic Congressional oversight.
Next, let's look at the Old Dominion: part old south and part progressive suburb. It's a fairly short story. In November, Virginia reinforced that it doesn't want you even thinking about any gay wedding, civil union, domestic partnership or maybe even drinking from the same ice-cream soda with two straws.
Maryland's statutes fall somewhere in between "come gay it up" and "Virginia is for lovers (of heterosexuality)." Last year looked to be a turning point for state recognition of same-sex partnerships. In January, a Baltimore judge struck down a 33-year-old law banning gay marriage.
Nineteen men and women won their case, which claimed the old law violated Maryland's constitutional protection of equal rights. In December, the state's highest court began hearing arguments in the case. Their decision could come down any time now and will reshape the debate over the definition of marriage and equal protection under the law.
Dovetailing the court's decision to take up the issue, state legislators have proposed an outright ban on gay marriage in Maryland. But unlike Virginia, the bill leaves open the possibility of civil unions or domestic partnerships. It's likely to face strong opposition in the Democratic-controlled General Assembly.
So what's next? Flowers, caterers and DJs? Or ballots, Sharpies and protest placards? Here in Washington we have a unique opportunity to see three very different jurisdictions as they evolve cohesive policies towards the LGBT community. We'll be counting the number of cars with Traditional Marriage plates parked in Dupont Circle; you watch the Takoma Park border for gays desperate for some state-sponsored monogamy. We'll meet back here next Feb. 12.
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always a bridesmaid, never a bride ;-(
I am so ashamed of my state (VA) although I am proud at the best efforts of NOVA to show ROVA how it's done
As has been said a million times over, a state by state (or city by city) system doesn't fly for all of the federal benefits of marriage. The primary concern for me is my current inability to sponsor my partner for immigration. Immigration is a federal issue (as are, of course, federal taxes, but that doesn't bother me so much). Not that there aren't options (several other countries have same-sex immigration, including Brazil and Israel, that don't have same-sex civil marriage). Of course that would still require something like the Uniting American Families Act to be passed. And so far that has languished, unloved.
lambda legal is not based in d.c. it's based in nyc with regional offices in atlanta, dallas, chicago, and los angeles. it doesn't even have an office in d.c.
Speaking of Brownback, whatever staffer wrote his Wikipedia entry is obviously in deep love with Brownback. Not exactly an unbiased accounting of the Senator's time in public life.