T H E

CQ ResearcherPUBLISHED BY CONGRESSIONAL QUARTERLY INC. WINNER: SOCIETY OF PROFESSIONAL JOURNALISTS AWARD FOR EXCELLENCE AMERICAN ASSOCIATION SILVER GAVEL AWARD Marriage

Should same-sex unions be legally recognized?

ay-rights advocates are intensifying efforts to gain legal recognition for same-sex unions, but the campaign is drawing strong resistance from social conservatives. GSupporters of same-sex marriage say gay and couples need and deserve the same symbolic and practical benefits for their relationships enjoyed by heterosexuals. Opponents say recognizing same-sex unions will hurt traditional families I at a time when marriage is already suffering from divorce N THIS ISSUE and other social trends. The opposing groups also disagree S THE ISSUES ...... 723 sharply on the effects of raising children in gay households. I BACKGROUND ...... 730 D A Massachusetts court is expected to rule any day on a suit CHRONOLOGY ...... 731 E seeking legal recognition of gay marriage. Meanwhile, CURRENT SITUATION ...... 738 President Bush is seeking ways to define marriage through AT ISSUE ...... 739 federal law solely as the union of a man and a woman. OUTLOOK ...... 742 BIBLIOGRAPHY ...... 745 THE NEXT STEP ...... 746

Sept. 5, 2003 • Volume 13, No. 30 • Pages 721-748 RIAL T

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REE F See back cover GAY MARRIAGE T H CQE Researcher Sept. 5, 2003 THE ISSUES SIDEBARS AND GRAPHICS Volume 13, No. 30

• Would recognizing same- Support for Gay MANAGING EDITOR: Thomas J. Colin 723 sex unions benefit gays? 724 Relationships Drops • Would same-sex unions Supreme Court’s gay-sex ruling ASSISTANT MANAGING EDITOR: Kathy Koch hurt heterosexual marriage? spurred change. ASSOCIATE EDITOR: Kenneth Jost • Are children helped or Many Couples Have Kids STAFF WRITERS: Mary H. Cooper, hurt by being raised in 725 One-third of the are David Masci homosexual households? raising kids. CONTRIBUTING WRITERS: Rachel S. Cox, Sarah Glazer, David Hosansky, BACKGROUND Blessing Gay Marriage Patrick Marshall, Jane Tanner 726 Widely Opposed in U.S. ‘More Than Brothers’ Most churches bar ceremonies. PRODUCTION EDITOR: Olu B. Davis 730 Men have paired up with ASSISTANT EDITOR: Benton Ives-Halperin men and women with Meet the Mass. Plaintiffs women throughout history. 728 Profiles of the seven couples seeking to marry. 734 Chronology In the 1970s, gay couples 731 Key events since 1951. began trying to legally marry. A Division of Disputed Studies Give Congressional Quarterly Inc. Defending Marriage 732 Gay Parents Good Marks 735 SENIOR VICE PRESIDENT/GENERAL MANAGER: Efforts to win legal recog- Most reports find no differ- John A. Jenkins nition for same-sex unions ence between gays, straights. provoked a backlash. DIRECTOR, LIBRARY PUBLISHING: Kathryn C. Suárez Lifting the Lid on Gay 736 DIRECTOR, EDITORIAL OPERATIONS: ‘Marriage Equality’ Domestic Violence. Ann Davies 737 Seven gay couples sued Study suggests gay violence CIRCULATION MANAGER: Nina Tristani Massachusetts in 2001 seek- is commonplace. ing to legalize gay marriage. At Issue CONGRESSIONAL QUARTERLY INC. 739 Should gay marriage be CHAIRMAN: Andrew Barnes legally recognized? CURRENT SITUATION VICE CHAIRMAN: Andrew P. Corty Gay-Marriage Issue Poses PRESIDENT AND PUBLISHER: Robert W. Merry Making Commitments 742 Political Risks 738 Around 100 U.S. couples Issue could be factor in pres- Copyright © 2003 CQ Press, a division of Congres- have been married in idential race. sional Quarterly Inc. (CQ). CQ reserves all copyright Canada. and other rights herein, unless previously specified in writing. No part of this publication may be re- Debating Marriage FOR FURTHER RESEARCH produced electronically or otherwise, without prior 741 The Supreme Court’s gay- written permission. Unauthorized reproduction or sex ruling intensified the For More Information transmission of CQ copyrighted material is a viola- 744 Organizations to contact. tion of federal law carrying civil fines of up to $100,000. same-sex marriage debate. Bibliography The CQ Researcher (ISSN 1056-2036) is printed on 745 Selected sources used. acid-free paper. Published weekly, except Jan. 3, June OUTLOOK 27, July 4, July 18, Aug. 8, Aug. 15, Nov. 28 and Dec. The Next Step 26, by Congressional Quarterly Inc. Annual subscrip- Brave New World? 746 Additional articles from current tion rates for libraries, businesses and government start 742 Advocates say gay mar- periodicals. at $600. Single issues are available for $10 (subscrib- riage will foster positive ers) or $20 (non-subscribers). Quantity discounts apply change, but opponents 747 Citing The CQ Researcher to orders over 10. Additional rates furnished upon re- fear moral decadence. Sample bibliography formats. quest. Periodicals postage paid at Washington, D.C., and additional mailing offices. POSTMASTER: Send Cover: Ken Heard, left, and Martin Padgett, partners for 25 years, hold up their marriage address changes to The CQ Researcher, 1255 22nd license at City Hall after they became the first same-sex couple to legally marry in St., N.W., Suite 400, Washington, D.C. 20037. Canada.(Getty Images/David Lucas)

722 CQ Researcher Gay Marriage BY KENNETH JOST

honor any marriage,” says , a longtime gay- THE ISSUES rights litigator, who is now s a lawyer with Gay executive director of the New and Lesbian Advo- York-based advocacy group A cates and Defenders Freedom to Marry. “But no (GLAD), Mary Bonauto sym- religion should be able to pathized with the couples who dictate who gets a civil mar- came to her for help. Many riage license.” of their problems — health Even so, an array of reli- benefits that could not be gious and conservative ad- shared, child-custody limits, vocacy groups strongly op- tax penalties — grew out of poses legal recognition for the inability of same-sex cou- same-sex couples, saying it ples to be legally married. runs counter to historical tra- But throughout most of dition, moral order and the the 1990s, Bonauto fended best interests of children and off the gay-marriage issue as society at large. premature: Not yet, she would “We favor the tradition of say, the time is not right. In a one-man, one-woman mar- 1998, however, she and riage,” says Connie Mackey, other GLAD lawyers decid- vice president of the Family ed the time for action had Research Council, a Wash- come, and under a unique ington-based Christian orga- provision of Vermont’s con- nization. “We reject the at- Mainframe Photographics, Inc. stitution they sued the state. Massachusetts could become the first state to recognize tempts of the gay community In a stunning decision in gay marriage if the state’s highest court rules in favor of to foist its agenda on the December 1999, the Vermont Hillary and Julie Goodridge, here with their daughter general public.” Supreme Court ordered the Annie, and other gay couples. Gay-rights advocates say “Marriage means the union homosexuals need and deserve the same symbolic and legislature to grant gay and practical benefits for their relationships enjoyed by of one man and one woman,” lesbian couples the same legal heterosexuals. But religious groups and social says Ron Crews, president of benefits enjoyed by married conservatives say legal recognition for same-sex couples the Massachusetts Family In- heterosexuals. Over protests runs counter to historical tradition, moral order and the stitute, which filed a friend- from social conservatives, the best interests of children and society at large. of-the-court brief in the legislature created a new, mar- Massachusetts case. “It’s a riage-like legal status for same-sex cou- formalize their relationship even though risky business for courts or legislatures ples: “civil unions.” 1 they have been together for 16 years to get into the business of changing Now Bonauto is hoping to go even and have been raising a daughter to- the definition of a word.” further in Massachusetts. Hillary and gether for the last eight. “Only the relationship between a Julie Goodridge and six other gay and “We have a child. We own real es- man and a woman has a natural as- lesbian couples represented by GLAD tate together. We have wills. We have sociation with the generation of new are anxiously awaiting a decision from health-care proxies. But we have no children,” says Daniel Avila, an attor- the state’s highest court in a suit — legal relationship to each other,” Julie ney with the Massachusetts Catholic Goodridge v. Massachusetts Department explains. “That’s what we’re trying to Conference. “No other relationship has of Public Health — that could make change with the marriage case.” that potential.” Massachusetts the first state to recog- Gay-rights advocates emphasize the Advocates of same-sex marriage nize gay marriage. distinction between legalizing civil counter that allowing and The Goodridges see nothing extra- marriage between same-sex couples lesbians to marry would strengthen ordinary about their legal plea. In- and gaining religious recognition for their relationships and also provide stead, they find it more surprising that gay marriages. “Every religion can de- concrete legal protections and eco- the law gives them no opportunity to cide for itself whether to perform or nomic benefits.

CQ on the Web: www.cqpress.com Sept. 5, 2003 723 GAY MARRIAGE

“Only marriage conveys the love Support for Gay Relationships Drops and commitment that others automat- Americans’ support for legal homosexual relations and gay civil ically understand and respect,” Bo- nauto says. “Only marriage provides unions rose steadily from the 1960s through the 1980s but declined a legal safety net protecting the cou- measurably after the Supreme Court struck down a Texas anti- ple’s emotional bonds and their eco- law on June 26. The ruling had been hailed as clearing the nomic security.” way for new gay civil rights, but recent polls appear to indicate a “Civil marriage is a powerful and backlash against recognizing same-sex relationships. important affirmation of love, a source of social recognition and support, and the legal gateway to a vast array Should homosexual relations between consenting adults be legal? of protections, responsibilities and 60% benefits, most of which cannot be replicated in any other way,” Wolf- 43% 43% 48% 46% 35% son says. Supporters also say legalizing same-sex marriage will help, not hurt, 1977 May 5-7, 2003 July 25-26, 2003 the increasing number of children being raised by gay or lesbian par- Should homosexual couples be allowed to form legal civil unions? ents. “It means a great deal to the kids that their parents have all the 57% 49% 49% support and acknowledgment that a 40% family deserves,” Wolfson says. (See story, p. 732.) The seven couples who filed suit May 5-7, 2003 July 25-26, 2003 in Massachusetts have been togeth- er for periods ranging from three to In general, should homosexuals have equal rights in terms of job more than 30 years. Four of the cou- opportunities? ples have children. (See box, p. 728.) In a news conference when the suit 88% was filed in April 2001, several of the plaintiffs noted practical prob- 9% lems that they had encountered be- cause they were not married. But the Goodridges also say they were Should homosexual couples have the legal right to adopt a child? prompted to join the suit by a sur- 49% prising exchange with their then 5- year-old daughter Annie. 48% One night, after listening to the Beatles’ song “All You Need Is Love,” Hillary asked Annie if she knew any Do you favor a constitutional amendment that would define people who loved each other. Annie marriage as between a man and a woman, thus barring marriages listed several of her mothers’ married between gay or lesbian couples? friends. 50% “What about Mommy and Ma?” Hillary asked, using the names she 45% and Julie had taken for themselves be- fore Annie’s birth. “If you loved each other,” Annie Yes No replied, “you’d get married.” The Supreme Judicial Court of Mass- Source: Gallop Poll, 1977; USA Today/CNN/Gallup Poll, May 5-7, July 25-26, 2003 achusetts heard arguments in the case

724 CQ Researcher on March 4. The state attorney gen- eral’s office urged the seven justices Many Gay Couples Have Children to reject the suit, saying the legisla- Nearly a quarter of the gay couples living together and a third of the ture had a rational basis — encour- lesbians are raising children. Among heterosexuals, 46 percent of aging procreation and child rearing — married couples and 43 percent of unmarried couples have children. for limiting marriage to heterosexual couples. Moreover, argued Assistant State Attorney General Judith Yogman, Average percentage of U.S. households any change was up to the legislature, with children under 18 not the courts. The court’s unofficial deadline for a decision passed in mid-July, but Married heterosexuals 45.6% Bonauto says she is not surprised that the justices are taking their time with Opposite-sex 43.1 the case. “This is an opinion that is being watched very carefully,” she Same-sex, male* 22.3

says. “The pressure here is tremen- Couples Unmarried dous.” Same-sex, * 34.3 The gay-marriage issue has sim- mered for decades but did not be- come a priority for gay-rights advo- * The children either belong to one of the partners or are biologically unrelated, cates till the 1990s. Before the Vermont such as foster children or adoptees. case, state courts in Hawaii and Alas- Source: “Married-Couple and Unmarried-Partner Households: 2000,” Census 2000, ka issued preliminary rulings in favor U.S. Census Bureau of gay marriage, but the court moves were thwarted by state constitutional amendments. that if a right is fundamental for some, on July 30 by saying his administra- In the meantime, however, the it’s fundamental for all,” she says. tion is looking at ways to “codify” the Netherlands and Belgium became the “There’s not a gay exception in the definition of marriage as one man, first and second countries to recog- Constitution.” one woman. Some opponents of gay nize same-sex marriage, both by par- A leading academic opponent of marriage say a constitutional amend- liamentary action. Then in June the same-sex marriage says the Lawrence ment is needed, but acknowledge that Canadian government announced decision has mobilized partisans on it will be difficult to win the two-thirds that it would bow to a ruling by On- both sides of the issue. “It has cer- majority in Congress and approval by tario’s highest provincial court and tainly energized the gay-rights move- three-fourths of the states to ratify an prepare legislation to legalize mar- ment,” says Lynn Wardle, a professor amendment. riage for same-sex couples through- at Brigham Young University Law School For their part, all but two of the out the country. in Provo, Utah. “It’s also going to en- Democratic presidential candidates favor The issue moved to the top of the ergize the conservative, pro-family granting legal benefits to same-sex cou- U.S. political agenda following a land- movement. So there are going to be ples, but only three contenders — all mark decision by the Supreme Court political clashes.” of whom are low in the polls — favor that invalidated state laws against gay Gay-marriage supporters hope — gay marriage. 2 sex. The June 26 ruling in Lawrence and opponents fear — that a ruling Meanwhile, opinion polls indicate an v. Texas said homosexuals have the to recognize same-sex relationships in apparent backlash on the issue in the right to engage in physically intimate one state will have a cascading effect weeks since the Lawrence decision. Sup- conduct without government inter- in other states. Opponents hope that port for civil unions had been increas- vention. so-called defense-of-marriage (DOMA) ing, but it dropped by 10 percentage The opinion did not deal directly laws enacted by Congress and 37 points or more in polls conducted in with same-sex marriage. But Bonau- states will allow individual states to May and July. (See box, p. 724.) to says the ruling supports the gay- refuse to recognize same-sex mar- As the issue proceeds in the courts marriage suit. “Lawrence confirmed riages granted elsewhere. and elsewhere, here are some of the what we had already been arguing — President Bush entered the debate major questions being debated:

CQ on the Web: www.cqpress.com Sept. 5, 2003 725 GAY MARRIAGE

Blessing Gay Marriage Widely Opposed in U.S.

ormer Boston priest Jon Schum does not think of him- can realize the full and unique potential which the marital re- self as a renegade, but he goes against the Roman lationship expresses,” the conference’s secretariat for family, F Catholic Church’s official teachings: He lives in a com- laity, women and youth said in a June 3 policy statement. mitted relationship with another man and performs commit- The blessing of same-sex unions also is opposed by most ment ceremonies for gay and lesbian couples. other U.S. denominations, including Eastern Orthodoxy, the South- Schum never sought out opportunities to officiate at same- ern Baptist Convention and other evangelical Protestant de- sex ceremonies. But people who heard about him through Dig- nominations, the Church of Jesus Christ of Latter-day Saints, the nity, a gay Catholic organization, asked him to help them cel- Orthodox and Conservative branches of Judaism, and Islam. 2 ebrate their unions “in the context of their Catholic traditions.” The Episcopal Church U.S.A. officially recognized the bless- The half-dozen ceremonies Schum has performed over the ing of same-sex unions at its August convention in Minneapolis past two years have had most of the trappings of a Catholic but declined to establish a liturgy for those ceremonies. The wedding, including scripture readings and exchanged vows and compromise culminated a tumultuous convention dominated rings. He believes they are fully Catholic in substance as well. by a sharp debate over the eventual election of an openly gay “The love between gay and lesbian persons is just as real, just priest, V. Gene Robinson, as bishop of New Hampshire. 3 as authentic, just as holy, just as sacramental, as the love be- Among other mainline Protestant denominations, the Unit- tween any married persons,” Schum says. ed Methodist Church bans same-sex ceremonies while the Pres- The church hierarchy, however, strongly opposes any recog- byterian Church U.S.A. allows clergy to officiate at same-sex nition for same-sex unions, either within the church or in law. rituals but specifies that such events differ from marriages. The “There are absolutely no grounds for considering homosexual Evangelical Lutheran Church plans a report on the issue in unions to be in any way similar or even remotely analogous 2005. to God’s plan for marriage and family,” the Vatican said in a Meanwhile, ministers in the predominantly gay Universal doctrinal statement on July 31. The statement said Catholic law- Fellowship of Community Churches have per- makers have “a moral duty” to oppose any moves to recog- formed same-sex commitment ceremonies since 1968. The Uni- nize gay marriage. 1 tarian Universalist Association and the United Church of Christ The U.S. Conference of Catholic Bishops had earlier issued advocate tolerance for same-sex unions. Judaism’s liberal Re- a similar statement opposing “attempts to grant the legal sta- form branch gives rabbis the option of presiding at gay com- tus of marriage” to same-sex relationships. “No same-sex union mitment ceremonies.

Would recognizing same-sex unions scious, his eyes taped shut. He died search Council. “Why special rights for benefit gay men and lesbians? with no chance for the two men to this group of people?” Bill Flanigan and Robert Daniel, a say goodbye. Other opponents, however, say they gay couple in , did all Lawyers for Defense have no objections to gay couples en- that they could to formalize their re- and Education Fund, an advocacy joying some of the benefits of mar- lationship. They registered as do- group for gays, say the hospital’s re- riage as long as marriage itself is re- mestic partners, as permitted under fusal shows that gay men and lesbians served for heterosexuals. “Much that a San Francisco ordinance, and Daniel can gain the practical benefits that het- they are asking to be done can be executed a health-care proxy allow- erosexual couples take for granted only done without the radical redefinition ing Flanigan to make medical deci- if they are allowed to legally marry. of the word ‘marriage,’ ” says Crews, sions relating to Daniel’s treatment “We are a nation divided by discrim- of the Massachusetts Family Institute. for AIDS. ination in marriage,” says attorney David “There are things that are already The preparations were not enough, Buckel. “Bill and Robert paid a terri- available for those who want to be in however, when a critically ill Daniel ble price for that .” a relationship that doesn’t qualify for was admitted to the University of Some opponents of same-sex mar- marriage.” Maryland’s Shock Trauma Center in riage object to any legal steps to per- In fact, many gay and lesbian cou- Baltimore on Oct. 16, 2000. Hospital mit gay couples to enjoy marriage-like ples already structure their affairs joint- personnel barred Flanigan from Daniel’s benefits. “What makes them different ly. They buy houses together, name room for four hours until Daniel’s moth- from other kinds of people who might each other in their wills and — in a er and sister arrived to give permis- want to get the same benefits of mar- few states — jointly adopt children. sion. By then, Daniel was uncon- riage?” asks Mackey of the Family Re- Domestic-partnership provisions rec-

726 CQ Researcher Clergy members who perform same-sex ceremonies see their to 38 percent from 27 percent in 1996. 4 The survey was con- roles as part of their pastoral duties. “I consider myself a priest ducted before the U.S. Supreme Court’s decision striking down who is trying to live out his ministry in the best way possi- state anti-sodomy laws in late June. Other polls since that time ble,” Schum says. “This is the work that I’m called to do.” have indicated a decline in public support for gay marriage. Schum says he was “angry,” but not surprised, by the Vat- Specifically, a Washington Post poll conducted in August ican statement on same-sex marriage. “The tone of the let- just after the Episcopal Church’s action found that a large ma- ter is cruel,” he says. “It’s uninformed. It’s unjust. It just re- jority of Americans — 60 percent — oppose church sanctions flects the unwillingness of the hierarchy to have any kind of homosexual relationships. In fact, nearly half of all church- of dialogue with gay and lesbian Catholics and to have any going Americans said they would leave their churches if their kind of dialogue about the new knowledge about homo- minister blessed gay couples. Slightly fewer — 58 percent — sexuality.” opposed civil unions, which would grant gay partners some Marianne Duddy, former executive director of Dignity, has of the legal rights of married couples without the involvement similar reactions to the Vatican statement today, five years after of a religious institution. 5 she was “married” to her partner by a Catholic priest. “I felt incredibly sad and incredibly attacked,” says Duddy, a clinical 1 “Considerations Regarding Proposals to Give Legal Recognition to Unions social worker in Boston. “The Vatican is totally depersonaliz- Between Homosexual Persons,” July 31, 2003, www.vatican.va. For cover- ing us.” age, see Frank Bruni, “Vatican Exhorts Legislators to Reject Same-Sex Unions,” The New York Times, Aug. 1, 2003, p. A1; Alan Cooperman and David von The Vatican statement also opposed adoption by gay or les- Drehle, “Vatican Instructs Legislators on Gays,” The Washington Post, Aug. bian persons, saying it “would actually mean doing violence 1, 2003, p. A1. to these children” because it would put them in unhealthy 2 “Few U.S. Religions Bless Same-Sex Unions,” The Associated Press, Aug. home environments. Duddy, who is in the process of adopt- 7, 2003. 3 For coverage, see Alan Cooperman, “Episcopal Church Ratifies Compro- ing a foster daughter who has lived with her and her partner mise on Gay Unions,” The Washington Post, Aug. 8, 2003, p. A2; Monica since early 2002, says that part of the statement was “espe- Davey, “Episcopal Church Leaders Reject Proposal for Same-Sex Union Litur- cially hurtful.” gy,” The New York Times, Aug. 8, 2003, p. A20. 4 Pew Forum on Religion and Public Life, “Religion and Politics: Contention U.S. Catholics appear divided on the issue. A survey by and Consensus,” July 24, 2003 (http://www.pewforum.org). the Pew Forum on Religion in Public Life last spring found 5 Richard Morin and Alan Cooperman, “Majority Against Blessing Gay support for gay marriage among U.S. Catholics had increased Unions,” The Washington Post, Aug. 14, 2003, p. A1. ognized by some city and state gov- and on,” says Wolfson, of Freedom to protecting the couple’s emotional bonds ernments and a growing number of Marry. “Gay people have the same and their economic security.” private employers allow an employee needs for structure, support and re- In its brief, the state acknowledges to designate a gay or lesbian partner sponsibility that straight people do.” the policy arguments for affording same- for health benefits. Gay couples also want the sym- sex couples some of the benefits ac- Gay-marriage advocates, however, bolic recognition of their relationships corded to married couples, but it says complain that homosexual couples can- that only marriage can convey. “Mar- the issue is not for the courts to de- not achieve these benefits without mak- riage is an important vocabulary” in cide. The legislature is “best suited to ing special efforts. “It’s time-consum- defining a relationship, Wolfson says. decide whether, when and how to ing and complicated,” says Mark Strasser says marriage constitutes “a make such a basic and far-reaching Strasser, a professor at Capital Uni- public statement” as well as “an in- change in Massachusetts law,” the state’s versity Law School in Columbus, Ohio. ternal recognition” about a couple’s attorneys contend. In addition, some of the rights and commitment to each other. In the past, some gay-rights advo- benefits of marriage simply cannot be Lawyers in the Massachusetts case cates have been opposed to or unen- achieved without changes in the law, stress both the practical and symbolic thusiastic about pushing for marriage such as spousal support in the event benefits of marriage for gay and les- rights, viewing the issue either as a low of a breakup or the confidentiality of bian couples. “Only ‘marriage’ conveys priority or as an undesirable assimila- marital communications. the love and commitment that others tion to “straight” social norms. Today, “Access to health care, medical de- automatically understand and respect,” the gay community appears to be large- cision-making, inheritance, taxation, im- GLAD attorney Bonauto says. “Only ly unified on the issue and committed migration — the list literally goes on ‘marriage’ provides a legal safety net to making it a priority.

CQ on the Web: www.cqpress.com Sept. 5, 2003 727 GAY MARRIAGE

passed on, and liberties are protected. Meet the Massachusetts Plaintiffs It is critical to our way of life.” The seven gay couples who filed suit in Massachusetts seeking the Recognizing gay marriage “breaks down thousands of years of culture,” right to marry have had long-term relationships ranging from three adds the Family Research Council’s to 32 years. The suit — Goodridge v. Massachusetts Department of Mackey. “It would have a very strange Public Health — could make Massachusetts the first state in the effect.” country to recognize gay marriage. But proponents say recognizing same-sex unions would have no ef- Julie and Hillary Goodridge fect on heterosexual couples, while Julie, 45, investment adviser; Hillary, 46, grant administrator. strengthening homosexual relationships. Together, 16 years; commitment ceremony, 1995; one daughter, Annie, 8. “Same-sex couples are interested in David Wilson and Robert Compton the exact same thing that different-sex David, 58, business executive; Rob, 53, dentist. couples are interested in,” Buckel says. Together, three years; commitment ceremony, October 2000 “Any time you have people committing Gloria Bailey and Linda Davies to being legally responsible for each Gloria, 62; Linda, 57; joint psychotherapy practice. other, that’s good for communities.” Together, 32 years “It’s nonsense to say that gay cou- ples taking on a commitment and build- Richard Linnell and Gary Chalmers ing a life together takes anything away Rich, 39, nurse; Gary, 37, school teacher. from anyone else,” Wolfson says. “There Together, 14 years; one son, Paige, 10. is enough marriage to share. It’s not Maureen Brodoff and Ellen Wade as though gay couples are going to Maureen, 50, lawyer; Ellen, 54, lawyer, private practice. use up all the marriage licenses.” Together, 20-plus years; one daughter, Kate, 14. Opponents are most specific in Gina Smith and Heidi Norton warning about the potential effects on Gina, 38, researcher; Heidi, 38, law program director, both with Center for children from legalizing gay marriage. Contemplative Mind in Society. When pressed to list other possible Together, 12 years; commitment ceremony, 1993; two sons: Avery, 6; consequences, Mackey says there Quinn, 3. might be pressure to bestow mar- riage-like benefits on other living Ed Balmelli and Michael Horgan arrangements. “If an aunt and a niece Ed, 42, computer engineer; Michael, 43, computer systems administrator. are living together, why would they Together, seven years; , Vermont, October 2000. not be privileged to the same tax laws?” Mackey asks. Source: Gay and Lesbian Advocates and Defenders (www.glad.org.). Mackey also suggests that legalizing gay marriage might increase the di- For his part, Brigham Young Uni- site-sex couples living together without vorce rate and the incidence of oppo- versity’s Wardle acknowledges that ho- being married is also high: nearly 5.5 site-sex couples living together. “There mosexual couples could benefit from million households — 9.1 percent of would be no reason to marry at all,” legal recognition. But, “the benefits would all households in the United States. 3 she says. Asked if recognizing gay mar- be enjoyed by a very few, a very small Opponents of same-sex marriage riage would promote , group,” he points out. “The costs would cite those figures as evidence that tra- Mackey replies, “Absolutely, yes.” be borne by society as a whole.” ditional marriage is in trouble. Legal In its brief in the Goodridge case, recognition of gay and lesbian cou- the Massachusetts attorney general’s of- Would recognizing same-sex unions ples, they say, can only add to the fice acknowledges that public attitudes hurt heterosexual marriage? pressures on an institution they con- toward “non-traditional marriages” have The United States has the highest sider vital to American society. changed since enactment of the state’s divorce rate of any industrialized coun- “Marriage is the most preferred insti- marriage laws. The brief significantly try, with somewhere between one-third tution in the law, and for good reason,” avoids any specific criticisms of gay and one-half of all marriages ending Wardle says. “It contributes to a society or lesbian relationships and makes no in a break-up. The number of oppo- in which rights, values and cultures are claim that recognizing same-sex

728 CQ Researcher Mainframe Photographics, Inc. Here are the seven gay couples that filed suit in Massachusetts seeking the right to marry; Julie and Hillary Goodridge are at far right. A ruling in the suit — Goodridge v. Massachusetts Department of Public Health — is expected at any time. unions would affect the behavior of lowing same-sex couples to marry, Wardle, however, maintains that the heterosexual couples. the historians argue, “represents the effect on society would be substantial A coalition of conservative religious logical next step in . . . reforming — and detrimental. “You have to look groups, however, argues in a friend- marriage to fit the evolving nature of at the children who would be raised of-the-court brief that recognizing ho- committed intimate relationships and in their homes. What message would mosexual marriage “would institution- the rights of the individuals in those be sent to society as a whole as to alize a radically different vision of relationships.” the equality of men and women? What sexual relationships.” The groups, in- Bonauto says flatly there would be message are we sending to children cluding the Massachusetts Catholic Con- no effect on heterosexual marriage if who are growing up in this society? ference and the National Association same-sex marriage is recognized. “Right What kind of message does society of Evangelicals, suggest that recogniz- now, gay and lesbian people are send about the value of this institu- ing homosexual marriage would “teach working side by side with non-gay tion, about the value of the commit- that fundamentally the sexes do not people in the workplace,” she says. ment to this institution?” he asks. need each other and can — perhaps “Gay and lesbian people are making “Marriage is suffering already,” War- ought to — live separately.” commitments to each other, gay and dle adds. “Marriage and marriage-based The plaintiffs’ brief does not specif- lesbian parents are sending children families are already carrying a heavy ically address the potential effect on to school. None of that will change load.” heterosexual couples, but an amicus with marriage.” brief filed by a group of 26 social “Gay and lesbian families are al- Are children helped or hurt by and legal historians points out that ready part of the community,” Bo- being raised in homosexual court-mandated changes in marriage nauto continues. “We’re talking about households? law — such as striking down anti- providing them with more legal pro- Lawyers for the state of Vermont miscegenation (racial intermarriage) tections. It’s not going to be an issue urged the state Supreme Court four laws — are now widely accepted. Al- in changing anyone else’s life.” years ago to uphold the ban on same-

CQ on the Web: www.cqpress.com Sept. 5, 2003 729 GAY MARRIAGE sex marriage primarily on the grounds er says. “This is a reason to recog- “This is a major difficulty for the that preserving traditional marriage was nize, not a reason not to recognize.” state — how to deal with children essential to “legitimize” children and The debate turns in part on social- who’ve been taken out of the home,” provide for their security. The court science evidence that is sharply dis- Strasser says. “The notion that some- rejected the argument. puted. Supporters of same-sex mar- how the children would be better off Many gay couples already adopt riage say studies consistently show no in the system than having two lov- children or give birth through assist- significant differences between chil- ing, same-sex adults caring for them ed reproductive techniques, the jus- dren raised in gay households and — it’s an amazing argument to make.” tices said. Excluding same-sex couples those raised by straight couples. Op- Some opponents of same-sex mar- from the legal protections of marriage, ponents of same-sex marriage say the riage acknowledge the benefits of gay the Vermont court concluded, “exposes studies are methodologically flawed adoption but say it does not require their children to the precise risks that and ideologically biased. broader legal recognition for gay cou- the State argues the marriage laws are Two gay-friendly researchers have ples. “If we redefine marriage, then designed to secure against.” added to the debate recently by rein- it becomes very difficult for the state Advocates and opponents of same- terpreting previous studies as show- to distinguish on a legal basis a mar- sex marriage sharply disagree about the ing that children raised in gay house- ried couple and someone else want- effects of raising children in homosex- holds are more tolerant of homosexual ing to adopt,” says Avila, of the Mass- ual households. Opponents insist that behavior than children from straight achusetts Catholic Conference. “There a traditional marriage is the best set- households. Researchers Judith Stacey may be very good reasons for main- ting for raising children. “Every rep- of New York University and Timothy taining the presumption in favor of a utable social study done to date is that Biblarz of the University of Southern married couple.” the optimal setting for child rearing is California in Los Angeles view that re- Other opponents of same-sex mar- a married mom and dad in a home, sult favorably, but opponents of same- riage, however, are simply opposed to not just two adults,” says Crews, of the sex marriage claim the study sub- gay adoption. “We’ve got too many Massachusetts Family Institute. stantiates their argument that gay children in our foster-care and social- In fact, some opponents of same- parenting is bad for children. 5 service systems,” Crews says. “But you sex marriage even contend that being The Massachusetts attorney general’s don’t have to radically redefine mar- raised in a gay household harms chil- office cites the Stacey-Biblarz study — riage to tackle a problem of the needs dren. “The homosexual lifestyle is in- along with other research — to con- of children.” consistent with the proper raising of tend that evidence of the effect of ho- children,” writes Timothy Dailey, a for- mosexual parenting is “inconclusive.” mer research associate with the Fam- Despite changing sex roles, the state’s ily Research Council. “Homosexual re- lawyers argue, the legislature “could still BACKGROUND lationships are characteristically unstable rationally believe that a favorable set- and are fundamentally incapable of ting for raising children is a two-par- providing children the security they ent family with one parent of each sex.” need.” 4 On the opposite side, a coalition ‘More Than Brothers’ Supporters of same-sex marriage of mental-health and social-welfare or- maintain that social-science studies, in ganizations told the state high court fact, show that children raised in ho- in a friend-of-the-court brief that it is en have paired up with men mosexual households do as well as “beyond scientific dispute” that chil- M and women with women children from heterosexual homes. (See dren of gay and lesbian parents are throughout history and around the sidebar, p. 732) “Gay people make fit “as well adjusted and psychologically globe seeking companionship, sup- and loving parents, and the children healthy” as those of heterosexual par- port and — often — physical love. raised show happy, healthy lives,” says ents. These same-sex relationships have en- Wolfson, of Freedom to Marry. Same-sex marriage advocates note joyed some measure of social accep- Legal recognition for gay couples, that virtually all states permit — and tance. But in the West, religious and law Professor Strasser adds, would many encourage — adoption of chil- secular authorities have been virtual- strengthen their ability to raise chil- dren by gay or lesbian parents be- ly unanimous in condemning homo- dren. “This is a way of helping them cause it helps relieve the burdens on sexual relationships at least since the cement those couples, so children can overcrowded and underfunded state Middle Ages. be raised well and can thrive,” Strass- foster-care systems. Continued on p. 732

730 CQ Researcher Chronology

1950s-1970s 1990s First U.S. court 2000-Present U.S. gay-liberation movement rulings to hint at recognition of Gay-rights advocates and social emerges; gay marriage debated. same-sex unions provoke conservatives continue to battle strong resistance from social over same-sex unions. 1951 conservatives. Publication of The Homosexual in 2000 America. 1993 California voters on March 7 ap- Hawaii Supreme Court says state prove Proposition 22 barring 1969 must justify its prohibition of same- recognition of same-sex marriages. Gay-liberation movement energized sex marriages. . . . second gay- . . . Vermont Gov. Howard Dean after two days of rioting, triggered rights march on Washington draws on April 26 signs legislation creat- by police raid on , a crowd officially estimated at ing “civil union” status for same- popular gay bar; 300,000. sex couples, effective July 1. . . . many early leaders are skeptical of The Netherlands on Sept. 12 en- or opposed to gay marriage. 1994 acts first nationwide law officially Historian John Boswell publishes recognizing same-sex marriage. 1971 book claiming medieval Catholic In first American appellate decision Church routinely sanctified same-sex 2001 on same-sex marriage, Minnesota unions; thesis is widely publicized Seven gay and lesbian couples file Supreme Court upholds refusal to and criticized. same-sex marriage suit in state issue marriage license for gay couple. court in Boston on April 11. Trial 1996 judge upholds ban on same-sex 1979 U.S. Supreme Court on May 20 in- marriage on May 8, 2002. First National Gay and Lesbian Civil validates Colorado initiative barring Rights March draws estimated anti-gay discrimination measures. . . . 2002 100,000 people to Washington, D.C. President Bill Clinton on Sept. 21 New York Times in September be- signs Defense of Marriage Act, comes most prominent newspaper • denying federal recognition to to publish announcements of same-sex marriages and buttressing same-sex commitment ceremonies. similar refusals by states; 37 states 1980s Gay rights ad- enact similar laws by 2003. . . . 2003 vances, but social conservatives Hawaii trial court on Dec. 2 rules Belgium recognizes same-sex mar- strengthen their opposition; ban on same-sex marriage is un- riage on Jan. 30. . . . Supreme Ju- AIDS becomes an epidemic. constitutional. dicial Court of Massachusetts hears arguments March 4 in gay-marriage 1984 1998 suit. . . . Ontario’s high court on Berkeley, Calif., becomes first city Alaska trial judge on Feb. 27 issues June 10 orders the province to im- to provide domestic-partner benefits preliminary ruling requiring state to mediately allow same-sex couples for gays and lesbians. justify same-sex marriage ban. . . . to marry. . . . U.S. Supreme Court Alaska voters approve constitutional on June 26 rules state laws ban- 1986 amendment on Nov. 3 prohibiting ning gay sex unconstitutional. . . . U.S. Supreme Court upholds state homosexual marriage; Hawaii vot- Three Democratic candidates for laws prohibiting consensual homo- ers approve amendment same day president endorse gay marriage in sexual sodomy. authorizing legislature to bar same- July 15 forum before gay-rights sex marriage. group; six others favor granting 1987 legal benefits to same-sex couples. Sweden provides most legal bene- 1999 . . . President Bush says on July fits of marriage to cohabiting cou- Vermont Supreme Court on Dec. 30 he wants to “codify” definition ples, including same-sex couples; 20 orders state to allow same-sex of marriage as between one man, similar laws enacted in Denmark couples to enjoy legal benefits ac- one woman. (1989) and Norway (1993). corded to heterosexuals.

CQ on the Web: www.cqpress.com Sept. 5, 2003 731 GAY MARRIAGE

Disputed Studies Give Gay Parents Good Marks

ark Brown always wanted to have children, but his poor design, small sample size or researchers’ bias. The stud- partner Bob Cesario liked the quiet privacy of a kid- ies “are all gravely deficient,” Robert Lerner and Althea Nagai, free home. After more than 20 years together, how- partners in a social-science research consulting firm, write in a M 3 ever, the one-time college sweethearts finally decided a few years paper posted on an anti-gay marriage Web site. ago they were ready — as Mark puts it — “to get pregnant.” However, one British study often cited by critics found that Now, with a 4-year-old daughter and infant son in their Los children raised by lesbians were slightly more likely to con- Angeles home, Mark goes to the office every day, while Bob’s act- sider having a same-sex partner than children of single moth- ing career is on hold as he devotes most of his time to parenting. ers. The study examined 27 households in each group and “He’s the stay-at-home dad, the soccer mom,” Mark says. conducted follow-up interviews with 46 children from the two “He’s the primary caregiver while I’m out making a living.” groups 14 years later. 4 Their children, Ella and Sander Brown, are among the es- Lynn Wardle, a law professor at Brigham Young University timated 1 million to 9 million youngsters being raised in the in Provo, Utah, says the study proves children of homosexual United States today by gay or lesbian parents — by either parents are “more likely to experiment with homosexual be- same-sex couples or single parents. 1 The number is almost havior.” He goes on to say that homosexuality among adoles- certainly on the rise, as gay men and lesbians increasingly turn cents “is associated with” alcohol and drug abuse and multi- to adoption, co-parenting, surrogacy or assisted reproduction ple sexual partners. “Before we endorse [gay parenting], we to bring children into their lives and homes. ought to think very seriously about what life would be like Gay-advocacy groups are proud of the trend. “There are all for those children,” Wardle says. sorts of kids being raised out there in wonderful homes head- Ellen Perrin, the head of the pediatrics group’s task force ed by gay parents,” says David Buckel, a staff attorney with and a professor at New England Medical Center in Boston, Lambda Legal Defense and Education Fund in New York City. says critics like Wardle ignore a second finding of the study: Religious and social conservatives, however, view the devel- that the number of children who eventually identified them- opment as a dangerous social experiment. “The traditional struc- selves as homosexual was roughly equal in the two groups. ture of one-man-one-woman marriage is clearly the best structure She says it was “no surprise” that more children of lesbian par- for raising children,” says Connie Mackey, vice president for gov- ents were open to same-sex behavior because they had grown ernment affairs at the Washington-based Family Research Council. up with someone who had a same-sex partner. But a range of child welfare, medical, and other professional One gay-friendly researcher, however, says she suspects that groups agree with gay organizations that children who grow up further studies may show that a “slightly higher minority” of in same-sex households fare as well overall as children raised by children of homosexual parents turn out to be “not exclusive- heterosexual parents. In the most comprehensive position paper ly heterosexual” than children of straight parents. But Judith on the issue, a task force of the American Academy of Pediatrics Stacey, a professor of sociology at New York University, adds, concludes, “No data have pointed to any risk to children of grow- “The majority of gay people have straight parents, and the ma- ing up in a family with one or more gay parents.” 2 jority of gay parents have straight kids.” The report, published in February 2002, catalogued some For his part, Brown scoffs at the notion that a parent’s sex- 20 published research papers studying gay and lesbian parents ual orientation affects his or her child’s. “Every gay person I and their children. It concluded that there was “no systematic know was raised by extremely heterosexual parents,” Brown difference” between gay and non-gay parents in emotional says. “I don’t think it has any bearing whatsoever.” health, parenting skills or attitudes toward parenting. Stacey, along with a colleague at her former school, the Uni- Most studies also indicate no substantial differences in emo- versity of Southern California, shifted the debate on gay parent- tional and social development or in and sexu- ing somewhat when they co-wrote a 2001 article claiming evi- al orientation between children of gay parents and those of dence of “beneficial effects” on children raised in homosexual heterosexual parents. If anything, some studies suggest advan- households. She and Timothy Biblarz — who are both hetero- tages for children raised by homosexual parents — such as sexual — concluded in the paper that there was “suggestive ev- greater tolerance of diversity or less aggressiveness than chil- idence” of “modest and interesting” differences between children dren raised by heterosexuals. raised by gay parents and those raised by straight parents. 5 Critics generally claim the studies are flawed — because of Stacey says that many of those differences are likely to be

Continued from p. 730 for Same-Sex Marriage — find historical sex relationships between men were Present-day advocates of gay mar- analogues dating back to the Biblical ac- common in ancient Greece — witness riage — notably, Yale law Professor counts of David and Jonathan and Ruth Plato’s discourse on love in the dialogue William Eskridge in his book The Case and Naomi. 6 Eskridge notes that same- Symposium — and that the Roman Em-

732 CQ Researcher advantages, not disadvantages, are gay or lesbian,” Perrin says. “But for the kids in gay house- there is also an awful lot that we holds. She suspects the un- don’t know about the children of conventional path to parent- parents who are heterosexual.” hood taken by gay men and Wardle agrees. “There are a lesbians is responsible for the few things we know that raise differences. “Gay parenting is startling issues,” he says. “There one of the most planned forms are also a lot of things we don’t of parenting,” Stacey says. know because these [parenting “You don’t have accidental arrangements] are so new.” kids, you don’t have un- Brown, a television writer and planned kids.” Heterosexuals, producer who is co-president of Stacey adds, are much more the Los Angeles gay fathers group

likely to “wander backwards Courtesy Mark Brown the Pop Luck , believes most into parenting.” After more than 20 years together, Mark Brown, left, and gay parents are “extremely con- Brown and Cesario, both his partner Bob Cesario are raising a 4-year-old scientious, conscious and very lov- 48, took a somewhat con- daughter and an infant son. Bob, an actor, is the ing.” He adds, “Children thrive in “stay at home dad,” says Mark, who works full time. ventional path to parenthood: a loving environment, whether that adoption. They adopted Ella child has a single parent, a gay through an agency and 4-month-old Sander through a private parent or a straight parent.” placement. Both children are biracial: mixed black and white. As for marriage, Brown and Cesario have not given it much Under an executive order signed by California Gov. Gray Davis thought. “We joke sometimes that it would jinx us,” Brown in 1999, the two men adopted both children jointly. Gay or says. “Our relationship has worked so well that if we formal- lesbian couples in most other states have to follow a two-step ized it, we might get divorced.” procedure, with adoption first by one of the partners and then Brown has had second thoughts, however, since the fami- a “second-parent adoption” by the other. ly returned from a niece’s wedding in Boston in June. Ella en- Adoption by gay or lesbian couples is prohibited by law in joyed the wedding a lot, Brown says, and asked afterward three states and generally not allowed by judges in several oth- whether he and Cesario were married. “Daddy and Poppa are ers. A constitutional challenge to Florida’s statute, which prohibits married in our hearts and minds,” Brown told her. adoption by gay or lesbian individuals or couples, is currently “I would love to get married,” Brown says now. “It would pending before the federal appeals court in Atlanta. 6 Mississip- be particularly joyous for us to get married in front of our chil- pi’s law prohibits adoption by gay or lesbian couples, but not dren. If it were legal, I’d go out and get married tomorrow.” individuals; Utah’s prohibits adoption by any cohabiting couple. Other homosexuals take more difficult paths to parenthood, par- 1 Edward O. Laumann, “National Health and Social Life Survey, 1995,” cited allel to routes chosen by infertile heterosexual parents. Some gay in American Academy of Pediatrics, “Technical Report: Coparent or Second- Parent Adoption by Same-Sex Parents,” Vol. 109, No. 2 (February 2002), men “co-parent” with single lesbians or lesbian couples — often, pp. 341-344. with sperm provided by the man used to artificially inseminate the 2 Ibid., p. 344. birth mother. Some women use sperm from anonymous donors for 3 Robert Lerner and Althea K. Nagai, “No Basis: What the Studies Don’t an otherwise natural birth. Some gay men provide sperm to a Tell Us About Same-Sex Parenting,” January 2001 (www.marriagewatch.org). 4 S. Golombok, F. Tasker, C. Murray, “Children Raised in Fatherless Fami- woman who serves as surrogate mother — so-called traditional sur- lies From Infancy: Family Relationships and the Socioemotional Develop- rogacy. And some men or women use so-called “gestational surro- ment of Children of Lesbian and Single Heterosexual Mothers,” in Journal gacy” — where a woman’s embryo is fertilized with a man’s sperm of Child Psychology and Psychiatry, Vol. 38 (1997), pp. 783-791. 5 and then implanted in a woman who carries the child to term. Judith Stacey and Timothy J. Biblarz, “(How) Does the Sexual Orienta- tion of Parents Matter?” American Sociological Review, Vol. 66 (April 2001), Experts and advocates on both sides agree that further studies pp. 159-183. Biblarz is an associate professor of sociology at USC. are needed about the effects of gay parenting on children. “There 6 The case is Lofton v. Kearney, 01-16723-DD. The Florida law was upheld is an awful lot that we don’t know about children of parents who by a U.S. District Court Aug. 30, 2001; the case was argued before the 11th U.S. Circuit Court of Appeals in March. peror Nero had a formal wedding cer- writes, and have been “tolerated in phasize that the Bible condemns ho- emony with his male lover Sporus. most societies” except in the West. mosexuality: “Thou shalt not lie with “Same-sex marriages are a com- Opponents of same-sex marriage mankind, as with womankind: it is monplace in human history,” Eskridge view the history differently. They em- abomination” (Leviticus, 18:22). Despite

CQ on the Web: www.cqpress.com Sept. 5, 2003 733 GAY MARRIAGE the acceptance of same- few supporters today. “The sex relationships in an- academic historians no cient Greece and Rome, longer take that book all they emphasize — as that seriously,” he says. Eskridge acknowledges Whatever acceptance — that attitudes changed same-sex relationships had by the time of the late enjoyed earlier, European re- Roman Empire. Ac- ligious and secular authori- counts of male-male cou- ties adopted unambiguous plings assumed a satiri- opposition, according to Es- cal tone, and an imperial kridge. Beginning in the 13th decree in 342 A.D. pre- century, governments enact- scribed execution for ed the first laws prohibiting men who married other “crimes against nature,” he men. writes, and prior ecclesiasti- The divergent views cal laws “came to be more of history emerged dra- stringently enforced.” 9 matically with the publi- Despite the opposition, cation of a controversial same-sex relationships sur- 1994 book, Same-Sex vived in the modern West, Unions in Premodern Eu- both in Europe and in the rope, by Yale historian United States. Homosexual John Boswell. 7 The first subcultures have existed in openly gay tenured pro- many European cities since fessor at an Ivy League the 18th century and by the college, Boswell found beginning of the 20th cen- evidence in some 60 litur- tury in such U.S. cities as gical manuscripts from New York, Chicago, San Getty Images/Scott Olson the eighth through the Demonstrators in Chicago march in celebration of the U.S. Francisco and Washington. 16th centuries to support Supreme Court’s landmark June 26 ruling striking down a Typically, same-sex cou- his thesis that the me- Texas law against gay sex. The ruling did not deal directly ples were discreet, but by dieval Catholic Church with same-sex marriage, but gay-rights advocates say it the mid-20th century inter- routinely sanctified supports the gay-marriage suit pending in Massachusetts. est in openly partnering was same-sex unions. increasing. By the 1960s, the Prayers for uniting “brothers” ap- ed that the ceremonies blessed frater- early forerunners of today’s gay-rights peared in manuscripts alongside prayers nal adoptions or friendships, not phys- groups were debating marriage, and for betrothals and marriages, Boswell ical relationships. “To try to make scrip- some couples were engaging in mock reported. The ceremonies included rit- ture condoning the homosexual lifestyle wedding ceremonies. As Eskridge con- uals associated with marriage: the burn- or somehow blessing it, it’s just not cludes, however, “these ‘marriages’ en- ing of candles, the placing of the two there,” says Crews, a Presbyterian min- joyed neither legal recognition nor the parties’ hands on the Gospel, the join- ister. prospect of legal recognition.” 10 ing of their right hands, crowning, a In a sympathetic assessment on a kiss and sometimes circling around the gay-history Web site, Fordham Uni- altar, according to Boswell. These rites versity Professor Paul Halsall today calls Coming Out “most likely signified a marriage in the Boswell’s thesis “groundbreaking” but eyes of most ordinary Christians,” he acknowledges criticisms from various concluded. 8 experts, including some openly gay n the 1970s, gay and lesbian cou- Critics argued that Boswell — who professors. I ples began trying to legally marry, died six months after the book’s - But James Brundage, a professor of but courts uniformly rebuffed their ef- lication — exaggerated, misconstrued law and history at the University of forts through the 1980s. However, the or misrepresented the ceremonies de- Kansas who specializes in the me- issue was not a high priority within the scribed in the liturgies. They contend- dieval period, says Boswell’s thesis has growing gay-rights movement. Opinions

734 CQ Researcher were divided about the importance — Minnesota Supreme Court rejected their discrimination against lesbians and gay or even the value — of marriage. Be- plea in 1971. 12 men.” Legal Director Paula Ettelbrick sides, gay-rights advocates had more Public officials and courts in other countered that marriage would force pressing issues to pursue, such as job jurisdictions responded in kind, with homosexuals “into the mainstream” discrimination, anti-sodomy laws and only isolated exceptions. In 1975, the and divert the movement’s efforts at AIDS. 11 Boulder County (Colo.) clerk issued broader social reforms. 15 The debate within the gay and les- marriage licenses to at least six same- Despite the ongoing debate, most bian community dated to 1951, when sex couples after receiving approval gay men and lesbians responding to a the first major homosexual manifesto from the county district attorney. After mail-in survey in 1994 in The Advo- in the United States was published: The public protests, the state attorney gen- cate, a gay newsmagazine, wanted the Homosexual in America, written by the eral ordered the practice stopped. In option of getting married. Among gay pseudonymous Donald Webster Cory. Washington, D.C., a city councilman in- men, 59 percent said they would want In a chapter on relationships, Cory con- troduced a proposal to legalize gay to marry another man if they could, cluded that homosexuals should be al- marriage but withdrew it after strong and another 26 percent said they might. lowed to marry. But he reached that opposition from religious groups. Gay In a similar survey of lesbians in 1995, view only after what Eskridge calls an couples who took the issue to court seven of 10 respondents said they would “agonized” discussion citing self-hatred ran into a stone wall. As Yale law Pro- marry if legally permitted. 16 and promiscuity as impediments to sta- fessor Eskridge notes, between 1971 ble relationships among gay men. and 1993 every judge to consider the The nascent gay-liberation move- issue ruled that same-sex couples had Defending Marriage ment emerged energized and radical- no statutory or constitutional right to ized after a police raid on the Stonewall marry. 13 Inn, a popular Greenwich Village bar, With divided opinion within the fforts to win legal recognition for touched off two days of rioting by ho- community and stout resistance with- E same-sex unions intensified dur- mosexual activists in New York City out, gay-rights advocates put marriage ing the 1990s — spurred by favorable in 1969. Marriage, however, was not on a back burner through the 1980s court rulings in Hawaii and Alaska and a widely shared goal. Leaders of the and concentrated on other issues — by an apparent increase in monogamy Front denounced it as with some success. In 1981, Wisconsin among gay and lesbian couples. De- “one of the most insidious and basic became the first state to prohibit dis- spite growing social acceptance of ho- sustainers of the system” and family crimination on the basis of sexual ori- mosexuality, however, the new trend as “the microcosm of oppression.” entation in housing, employment or pub- in the courts provoked a forceful back- Marriage, in this view, stifled sexual lic accommodations. Many states repealed lash. The Hawaii and Alaska rulings freedom, oppressed women and anti-sodomy laws used to prosecute ho- were effectively nullified by state con- propped up the capitalist system. mosexual behavior, though advocates of stitutional amendments, while Congress Demand for formalized relationships gay rights were disappointed by the U.S. and two-thirds of the states passed was nonetheless emerging among gay Supreme Court’s 1986 decision uphold- laws aimed at barring recognition of and lesbian couples by the late 1960s. ing the constitutionality of such mea- same-sex marriage. However, at The gay-welcoming Universal Fellow- sures. 14 Nonetheless, gay-rights advo- decade’s end, Vermont had became ship of Metropolitan Community cates won a measure of recognition for the first state to grant same-sex cou- Churches began conducting ceremonies same-sex couples by persuading some ples marriage-like benefits in a newly for same-sex couples in 1968. Gay and city and state governments — starting created status: civil unions. lesbian synagogues followed suit in with Berkeley, Calif., in 1984 — to pro- The Hawaii case began with a suit the early ’70s. In Minnesota, a gay vide domestic-partner benefits to gays. filed in 1991 in state court by three ho- couple — Richard John Baker and The debate over marriage within the mosexual couples seeking to invalidate James Michael McConnell — were mar- gay community became more visible the statutory exclusion of same-sex mar- ried in a religious ceremony in 1970 in 1989 after an extraordinary debate riage on either state or federal consti- and then unsuccessfully applied for a between two top officials of the Lamb- tutional grounds. 17 A trial judge re- state marriage license. They sued in da Legal Defense and Education Fund jected the suit, but the Hawaii Supreme state court, contending that the denial published in a gay journal. Executive Court gave the plaintiffs a precedent- of the license was unconstitutional. In Director Thomas Stoddard argued that setting interim victory in May 1993. The the first appellate decision in the Unit- marriage was “the issue most likely to court ruled that the same-sex marriage ed States on same-sex marriage, the lead ultimately to a world free from ban amounted to discrimination on the

CQ on the Web: www.cqpress.com Sept. 5, 2003 735 GAY MARRIAGE

Lifting the Lid on Gay Domestic Violence

ike many of Stephen’s rages, it comes on unexpectedly. ture men as victims and women as batterers, researchers say. One minute, he is preparing dinner, “chatting and bop- Claire Renzetti, a sociology professor at Saint Joseph’s College L ping around.” The next, he is livid, furious that his lover, in , says that when she speaks about the topic in Patrick, has cut the carrots wrong. public, people “act really surprised, or almost find it humorous, “Look at these!” he shouts. “These are no good! With one like it’s one more oddity.” swipe of his hand, the carrots are off the cutting board and Gays and lesbians themselves often are reluctant to discuss onto the floor. homosexual abuse. Lesbian women may be unwilling to shat- Seconds later, he is pummeling Patrick in the head, the face, ter a “utopic vision of a peaceful, women-centered world,” and the chest. Terrified, Patrick runs to the bedroom. gay men may want to maintain the illusion that they are some- So begins Men Who Beat the Men Who Love Them, Patrick Letel- how more evolved than the paternalistic, dominant society they lier and David Island’s account of same-sex domestic abuse. 1 live in, explains Sandra E. Lundy, a Boston lawyer and author The 1991 book was the first to address the taboo topic of of a 1993 New England Law Review article about homosexual same-sex partner abuse, a problem that had been largely over- abuse. 6 looked by the domestic-violence movement. Lettelier and Is- Others feel so threatened by societal that they land raised the then-radical notion that domestic abuse is as don’t want to acknowledge internal problems. “When you’re al- prevalent in gay couples as it is among straight couples, af- ways focused on the violence from without, seeing it from with- fecting an estimated 500,000 gay men nationwide. in can be very scary,” says Melissa Bates, a victim advocate with “Domestic violence [is] the third-largest health problem fac- the Violence Recovery Program at Fenway Community Health in ing gay men today,” they wrote. 2 Boston. While research into domestic violence among homosexuals The gay community may also be suppressing the problem is still in its infancy and often anecdotal, at least one large- out of fear that statistics on same-sex domestic violence will scale scientific study corroborates the authors’ claim. 3 It sur- be exploited to derail gay marriage, says Rachel Baum, asso- veyed 2,881 gay men from four cities and found that two in ciate director of the New York City-based National Coalition of five respondents had experienced domestic violence. Other Anti-Violence Programs, which compiles statistics on abuse. smaller studies suggest that domestic violence may occur in an “People don’t want to give ammunition to antis who would even greater number of lesbian relationships. 4 By comparison, say our relationships are sick and wrong,” she says. domestic violence occurs in 25 to 33 percent of straight rela- Victim advocates say the silence surrounding same-sex abuse, tionships. 5 coupled with a lack of role models for healthy same-sex rela- Despite these findings, many straight people doubt there is tionships, empowers batterers and makes it harder for victims much same-sex domestic violence. Most people are socialized to recognize that they are in abusive relationships. to see men as dominant and women as passive and cannot pic- “Batterers will try to define reality for their partners,” says basis of sex and could be upheld under the state Supreme Court interpreted the The Hawaii case raised fears among Hawaii’s constitution only if the state amendment to retroactively validate the opponents that a final ruling for the could show a “compelling” government same-sex marriage ban — eliminating plaintiffs could force the other 49 states interest to justify it. 18 any need for legislative action. 19 to recognize gay marriages sanctioned When the case was back in the trial A similar suit filed by a gay couple there. As the suit moved toward trial, court, the state defended the same-sex in Alaska started along a comparable Congress moved quickly — in an elec- marriage ban on the ground that gay course but was cut short by a consti- tion year — to enact federal legislation and lesbian couples would not be suf- tutional amendment at an earlier stage. aimed at thwarting any state court rul- ficiently good parents. Rejecting the ar- The judge in the case gave the plain- ings in favor of gay marriage. The De- gument, the judge ruled the same-sex tiffs a preliminary victory in February fense of Marriage Act (DOMA) — passed marriage ban unconstitutional in De- 1998 by ruling that the state had to jus- overwhelmingly by both houses and cember 1996 but stayed the decision tify denying them their “fundamental” signed into law by President Bill Clin- pending appeal. While the appeal was right to choose a partner. 20 The state ton on Sept. 21, 1996 — declared that pending, opponents of same-sex mar- appealed to Alaska’s Supreme Court, but states were not obligated to recognize riage won voter ratification of a con- within the year the legislature approved any same-sex marriages that might be stitutional amendment in November 1998 and voters ratified a constitutional amend- legally sanctioned in other states. It also authorizing the legislature to limit mar- ment defining marriage as a union be- defined marriage and spouse in het- riage to heterosexual couples. In 1999, tween one man and one woman. erosexual terms for federal law, thus

736 CQ Researcher Beth Leventhal, executive director and founder of The Net- Victims encounter even more inconsistencies in the courts. In work/La Red, a Boston organization serving battered lesbians. some states, domestic-violence law applies only to heterosexual “If it is the victim’s first relationship after coming out, they will couples; in others, judges may issue mutual restraining orders. tell them, ‘This is how we do things.’ ” Laws that prevent same-sex couples from adopting also work Even for those who decide to come forward, help is scant against victims. When the biological parent is the batterer, he or non-existent. While a handful of hotlines and counseling or she can threaten that if the victim leaves he or she will programs have cropped up in major cities over the last 20 never see the child again. 8 years, huge swaths of rural America remain without any ser- Facing the prospect of institutional “re-victimization” by the vices. “Victims can be a long way from resources in terms of police and courts, many victims choose not to come forward. mountain ranges, snow, you name it,” says Denise de Percin, Shawna Virago, director of the domestic-violence survivor executive director of the Colorado Anti-Violence Program, which program at Community United Against Violence in San Fran- serves the entire state. cisco, says education about domestic abuse in general is the Battered-women’s shelters are geared toward heterosexuals solution. and may either refuse to serve lesbians or fail to screen ap- “It’s a national epidemic of violence, and it’s not being ad- plicants, enabling batterers to infiltrate the system. dressed,” Virago says. Gay men and individuals have even fewer shel- — Kelly Field ter options, mostly limited to short-term emergency housing at hotels. 1 David Island and Patrick Letellier, Men Who Beat the Men Who Love Them Only a handful of cities have treatment programs for bat- (1991), p. 1. terers, forcing many to seek help at 12-step programs, anger- 2 Ibid. management classes and couples counseling. Meanwhile, treat- 3 Gregory L. Greenwood, et al., “Battering Victimization Among a Proba- ment of same-sex violence by police forces varies bility-Based Sample of Men Who Have Sex With Men,” American Journal of Public Health, December 2002, pp. 1964-1969. dramatically. While some police forces are trained to handle 4 Gwat-Yong Lie and S. Gentlewarrier, “Intimate Violence in Lesbian Rela- same-sex domestic-violence calls, others have a hard time tionships: Discussion of Survey Findings and Practice Implications,” Journal distinguishing victim from aggressor. 7 of Social Service Research, 1991, p. 146. 5 Some officers “make judgments based on who the bigger National Coalition Against Domestic Violence. 6 Sandra E. Lundy, “Abuse That Dare Not Speak Its Name: Assisting Vic- partner is, or who the more butch or masculine partner is,” tims of Lesbian and Gay Domestic Violence in Boston,” New England Law Bates says. “Sometimes, even the victim is arrested.” In cases Review, winter 1993. where the victim fights back, law enforcement may label the 7 National Coalition of Anti-Violence Programs, “Lesbian, Gay, Bisexual and violence “mutual abuse,” assuming that it is a fight between Transgender Domestic Violence in 2002,” July 2003, p. 17. 8 Beth Leventhal and Sandra E. Lundy, eds., Same Sex Domestic Violence equals. (1999), p. 21. precluding homosexual couples from to bar same-sex marriage by the state’s maneuver, the legislature in April 2000 filing joint tax returns or obtaining any own residents; most went further and approved a bill creating a “civil union” spousal benefits under Social Security barred recognition of same-sex mar- status for homosexuals; then-Democ- or other federal programs. 21 riages sanctioned in other states, too. ratic Gov. Howard Dean signed it into Some state legislatures had already Meanwhile, however, three homo- law, to take effect on July 1. approved comparable laws before Con- sexual couples in Vermont had won gress acted; more followed suit over a landmark victory from the state’s the next few years. By the end of Supreme Court. In a nearly unanimous ‘Marriage Equality’ 2000, more than 30 states had so- decision in December 1999, the court called “mini-DOMAs” on the books. said that the state had to grant same- The list included three measures ap- sex couples “the common benefits and ermont’s civil-union law was less proved by voters in 2000: a ballot ini- protections that flow from marriage V than a year old when seven gay tiative adopted in March in California under Vermont law.” The court left it and lesbian couples filed a new suit and constitutional amendments ratified up to the state legislature whether to seeking to legalize gay marriage in neigh- in November in Nebraska and Neva- legalize marriage — as the lone dis- boring Massachusetts. Goodridge v. Mass- da. All of the laws specifically defined senting justice argued — or to create achusetts Department of Public Health marriage as the union of one man and some form of “parallel ‘domestic-part- became a major showdown on the one woman. Some appeared simply nership’ system.” 22 With no room to issue, with a total of 26 friend-of-the-

CQ on the Web: www.cqpress.com Sept. 5, 2003 737 GAY MARRIAGE court briefs filed on both sides before is rational for the legislature to limit sex marriage in Canada’s most popu- the state’s highest court heard arguments marriage to opposite-sex couples who, lous provinces. 26 Provincial courts in in March 2003. theoretically, are capable of procre- British Columbia and Quebec had also Meanwhile, same-sex marriage was ation,” Connolly wrote. The judge said backed gay marriage in earlier rulings. advancing in other countries — first the plaintiffs should direct the plea to The U.S. Supreme Court’s 6-3 de- in the Netherlands in September 2000 the legislature, not the courts. 24 cision striking down anti-sodomy laws and then in Belgium and Canada in European countries, in fact, were gave gay-marriage advocates further 2003. In addition, gay-marriage advo- dealing with the issue legislatively rather encouragement. Justice Anthony M. cates say the U.S. Supreme Court’s than judicially. Three Scandinavian Kennedy’s opinion for the majority June 26 decision striking down state countries had passed laws several years noted that the case did not involve anti-sodomy laws laid the groundwork earlier granting legal benefits to same- “whether the government must give for broader legal equality for homo- sex couples: Sweden in 1987, Norway formal recognition to any relationship sexuals in the United States. in 1989 and Denmark in 1993. The that homosexual persons seek to enter.” The seven Massachusetts plaintiff Netherlands went further in Septem- In dissent, however, Justice Antonin couples stressed the practical prob- ber 2000, legalizing marriage between Scalia said the June 26 ruling left laws lems resulting from being unable to persons of the same sex. The mea- limiting marriage to opposite-sex cou- marry. 23 Hillary Goodridge recalled sure passed the Dutch parliament 109- ples on “pretty shaky grounds.” that even with a legal document known 33 after drawing opposition only from Newsweek’s cover story on the deci- as a health-care proxy she had diffi- a few small Christian parties. Belgium, sion framed the issue dramatically: “Is culty visiting her partner Julie in the predominantly Catholic, followed suit Gay Marriage Next?” 27 hospital when Julie had a difficult in January 2003, but only after a more childbirth. Teacher Richard Linnell protracted parliamentary debate. noted that his health insurance cov- Justices on Massachusetts’ high court ered the child he jointly adopted with actively questioned lawyers for both CURRENT his partner, Gary Chalmers, but he sides when the Goodridge case was had to pay extra for Chalmers. Glo- before them on March 4. 25 “Why do ria Bailey and Linda Davies said that you think that this is an issue that we SITUATION as they considered retirement, they should decide?” Justice Roderick Ire- realized that they would face taxes land asked Bonauto, representing the that married couples would not have couples. Justice Martha Sosman asked to pay in selling their home or their whether a ruling for the couples Making Commitments joint psychotherapy practice. would lead to recognizing polygamy. “Unequal treatment is inconsistent But one justice noted the seeming eb Price and Joyce Murdoch have with the Constitution,” Jennifer Levi, a paradox in allowing same-sex couples D been a committed couple since GLAD attorney, said at an April 2001 to adopt children, but not to marry 1985, but the two Washington, D.C., news conference announcing the suit. each other. “Are those ideas somewhat journalists feel like newlyweds since they “All these couples seek is equality.” at odds?” Justice John Greaney asked were married in Toronto on June 27. Acting Gov. Jane Swift responded Judith Yogman, the assistant state at- “Tears welled up in my eyes as I by restating her opposition to same- torney general handling the case. Some realized that after 18 years together, sex marriage. “I think that marriage observers saw the questioning as en- Joyce and I were being legally wed,” and the recognition of marriage is an couraging for the plaintiffs, but others Price, a reporter for The Detroit News, important institution in our common- cautioned against making predictions. writes in her syndicated gay-lifestyle wealth and in our country and should While the Massachusetts justices de- column. She says she and Murdoch be for heterosexual couples,” said Swift, liberated the case, the Canadian gov- “have been dizzy” adjusting to their a Republican. ernment took steps to become the third new status as “spouses.” 28 In his 26-page opinion rejecting the Western country to officially recognize “Both of us were really shocked at suit a year later, Judge Thomas Con- same-sex marriage. Prime Minister how moving it felt, how we had this nolly relied on what he called the Jean Chretien announced on June 17 feeling of being brought back into this “centuries-old” definition of marriage that his government would prepare institution that goes back thousands of and the “central” role of procreation legislation to recognize gay marriage years,” says Murdoch, managing edi- in marriage. “Recognizing that procre- — a week after Ontario’s highest court tor for politics at the weekly magazine ation is marriage’s central purpose, it ordered immediate recognition of same- Continued on p. 740

738 CQ Researcher At Issue: Should gay marriage be legally recognized?

MARY BONAUTO RON CREWS CIVIL RIGHTS PROJECT DIRECTOR, GAY AND PRESIDENT, MASSACHUSETTS FAMILY INSTITUTE LESBIAN ADVOCATES AND DEFENDERS (GLAD) WRITTEN FOR THE CQ RESEARCHER, AUGUST 2003 EXCERPTED FROM THE GLAD WEB SITE, AUG. 15, 2003 he push for legalizing homosexual “marriage” is based on arriage is a major building block for strong families at least three myths: that same-sex sexual behavior is ge- and communities. Weddings are an opportunity for netic and unchangeable, that homosexual relationships are friends, family and neighbors to come together to t m just like marriage between a man and a woman and that chil- recognize a couple’s lifelong commitment to one another. This dren raised by same-sex couples do just as well as those with occasion strengthens a couple’s bond and marks their inclusion a married mother and father. None of these myths is true. as a family into the communities of which they are a part. The definition of marriage is based on the fact that all But marriage is much more than that. First, it is a unique human beings from conception have, in every cell of their relationship — synonymous with “family” — so that if you bodies, either XX chromosomes if they are female or XY are “married,” no one would dare challenge a person’s right chromosomes if they are male. Even a sex-change operation to be by his or her spouse’s side. The word itself is one of and hormone treatments cannot change those chromosomes. the protections. Second, it is a gateway to hundreds of legal These permanent distinctions make for a permanent defini- protections established by the state and over 1,000 by the fed- tion of what it means to be married. This has been the legal, eral government. Married couples can take for granted rights social, historical and theological definition of marriage through- of hospital visitation, security for their children and rights of out the ages. inheritance. On the other hand, , or same-sex attrac- While gayyes and lesbian families can protect themselves in tion, can and doesno change. Jeffrey Satinover, psychiatrist and limited ways by creating wills, health-care proxies and co-par- author of Homosexuality and the Politics of Truth, states that ent adoptions, this does not come close to emulating the au- a major study, conducted for U.S. agencies tracking the AIDS tomatic protections and peace of mind that marriage confers. epidemic found that 75 percent of boys who at age 16 think People cannot contract their way into changing pension laws, they are homosexual become permanently heterosexual by survivorship rights, worker’s-compensation dependency protec- age 25 without any intervention. Furthermore, the average tion or the tax system, to name just a few. lifespan of those who practice homosexual sex is reduced by Marriage is also a social institution of the highest impor- approximately 20 years, often leaving children orphaned. tance, the ultimate expression of love and commitment. While Same-sex couples may look in some respects like a mar- it remains exclusive to opposite-sex couples, gay men and les- ried couple, but they are missing the essential element. They bians will continue to fall short of the status of full citizen- may have children; but an orphanage has children. That does ship, marking them and their children with a stamp of inferi- not make it a marriage. They may have long-term committed ority. Denying the security that marriage can bring only serves relationships. Parents and children, brothers and sisters and to weaken gay and lesbian families and the communities of friends have long-term committed relationships. That does not which they are a part. make a marriage. Only the union of a woman and a man, Far from undermining marriage, the struggle for full equali- with immutable XX and XY chromosomes in every cell of ty for gay and lesbian couples is an acknowledgement of the their bodies, representing the two halves of the human race, importance marriage has in society and the power it has over can make a marriage and produce the next generation. all our lives. Increasing access to marriage for adults in com- That next generation needs a mother and a father. Every mitted relationships will strengthen the institution, not weaken reputable social science study done to date has affirmed that it. Marriage will not be destroyed by allowing same-sex cou- children do best, by whatever measure is used, when they ples to marry, just as it was not destroyed by women’s equali- have a married mom and dad. Deliberately depriving a child ty within marriage or the repeal of interracial marriage bans. of a mother or father is cruel and unfair. In seeking the freedom to marry, gay and lesbian couples Do people with same-sex attraction deserve to be treated simply ask that their relationships be given the same respect with dignity? Absolutely! Do we need to change the definition under law accorded to others, so that they may obtain the se- of marriage to please them? Absolutely not! curity and protection their families need.

CQ on the Web: www.cqpress.com Sept. 5, 2003 739 GAY MARRIAGE

Continued from p. 738 “Many gay and lesbian National Journal. “It was couples felt more comfort- this wonderful new able acknowledging their re- page.” lationship to the govern- Price and Murdoch are ment [in 2000] than they did among the hundreds of in 1990,” says Gary Gates, a U.S. couples who have research associate at the crossed into Canada to Urban Institute, a liberal-lean- be married since Ontario’s ing research organization in provincial court ruled in Washington. “That results favor of same-sex mar- from the increasing accep- riage on June 10. Cana- tance of same-sex couples da beckons not only be- in our society.” cause it is geographically About one-third of the les- close but also because it bian couples (34.3 percent) imposes no citizenship or and one-fourth of the gay residency requirement — couples (22.3 percent) have unlike the other coun- children in their households, tries to recognize same- according to Census data. sex marriage, the Nether- The comparable figure is 45.6 lands and Belgium. percent for married-couple The sudden surge of households and 43.1 per- cross-border gay marriages cent for unmarried opposite- is only one sign of the sex couples. increasing visibility of The Census data also same-sex couples through- showed an increase in the out the United States. More number of unmarried op- than 200 U.S. newspapers posite-sex couples — from — most prominently, The 3.2 million in 1990 to 5.5

New York Times — now Getty Images/Douglas McFadd million in 2000. Social con- publish same-sex couples’ Karen Ahlers and Michelle Blair walk down the aisle after servatives found the statis- announcements of com- exchanging symbolic marriage vows at First Parish Church of tics distressing. 29 Framingham, Mass., on Aug. 2. Gay-rights advocates say mitment ceremonies. religious groups can decide for themselves whether to perform “It’s a continuing trend Bride’s magazine, the lead- marriages but shouldn’t have a say in whether civil marriages that has been growing,” ing mass-circulation are legalized. Episcopal Church leaders in early August gave Allan Carlson, a fellow at bridal magazine, has a U.S. dioceses the option of blessing same-sex unions. the Family Research Coun- one-page news story cil, told The New York Times. about same-sex unions in For its part, the U.S. Census Bureau “It’s not a healthy thing. The commit- its current issue. 30 reported in March that it found 594,000 ments that go with cohabitation are Recognition of same-sex couples by same-sex couples living together in its not as firm or strong as marriage.” 32 the mainstream media has been dra- 2000 population count — a threefold Gates says other Census data indi- matically mirrored on network TV. This increase over the number recorded in cate that same-sex couples are in be- year’s Tony Awards featured two win- 1990. 31 The number — almost equal- tween unmarried opposite-sex cou- ning male gay-partner song writers shar- ly divided between gay and lesbian ples and married couples on other ing a celebratory kiss. And this sum- couples — represents about 1 percent measures of social stability. Two-thirds mer’s new reality show “Boy Meets of households nationwide. of same-sex couples own their homes Boy” follows high-profile gay-oriented Demographers and other experts on — compared to 43 percent of un- shows like the over-the-top “Will and gay issues say that the actual number married opposite-sex couples and 81 Grace” and the new make-over show is almost certainly higher. The reported percent of married couples. Slightly “ Eye for the Straight Guy,” in increase since 1990 is attributed in large over one-third (38 percent) of same- which five gay men transform clueless part to an increased willingness of same- sex couples live in the same house- straight men into cool guys. sex couples to disclose their status. holds as five years ago — compared

740 CQ Researcher to 18 percent for unmarried opposite- tition supporting gay marriage. As of sex couples and 58 percent of mar- Ten States Have Laws early September, the site claimed more ried couples. on Adoption by Gays than 155,000 signatures. “I find it fascinating that even in On the opposite side, socially con- the absence of marriage, gay and les- Although laws in only 10 states servative groups are stepping up their bian couples exhibit traits that have specifically allow gay and les- media and outreach efforts on the issue. fairly high measures of stability,” Gates bian couples to adopt kids, 96 “The gay community has forced the says. “At the same time, there are percent of all U.S. counties agenda,” says Mackey of the Family many rights and privileges associated have at least one same-sex cou- Research Council, “so people are now with marriage that same-sex couples ple raising children under 18. having to respond.” don’t have. Over the lifetime, it’s much As one example, the Traditional more difficult to be a same-sex cou- Values Coalition, a conservative Chris- ple than a married couple.” States Allowing Adoption by tian group, says it is sending out 1.5 After 12 years together, Martin Gay Couples million mailings a month to conserv- Grochala and Fred Reuland have been ative voters to enlist support for a con- California Pennsylvania through those problems: the difficul- stitutional amendment to bar same-sex ties of being open about their rela- Connecticut Massachusetts marriage. “I call this the defining mo- tionship, the fear of rejection by Illinois Vermont ment for American Christianity,” the friends or family and the extra steps New Jersey Washington Rev. Lou Sheldon, founder of the group, that a gay couple has to take to main- told The Washington Post. “What is at New York Wisconsin tain a household and protect their lives stake is no less than the doctrine of and property. When the Chicago cou- creation.” 33 ple observed a commitment ceremo- Source: Urban Institute, May 30, 2003 Opponents are focusing in part on ny in July, however, the friend they a possible amendment to the U.S. Con- selected to preside urged them to view groups say the shift amounts to a stitution to block any state from rec- those difficulties as a cause for cele- backlash against gay marriage and other ognizing same-sex marriage or from bration rather than regret. parts of what they call the gay agen- being required to recognize a same- “Yes, there are challenges,” Grocha- da. Gay-rights advocates depict the sex marriage granted in any other la says today. “But rather than saying shift as a short-term dip and cite the state. Three days after the Supreme woe are us, he told us those chal- majority support for same-sex mar- Court decision in the gay-sex case, lenges are wonderful opportunities to riage among young people as an in- Senate Majority Leader Bill Frist, R- be the best persons we can be.” dication of the long-term trend of pub- Tenn., told a television interviewer that lic opinion on the issue. he “absolutely” supported a constitu- Gay-rights groups are working to tional amendment to bar gay marriage. mobilize support for same-sex mar- In August, however, Frist said the issue Debating Marriage riage from like-minded organizations was not on the Senate’s agenda for and individuals outside the gay and the rest of the year. 34 ay-rights advocates are broad- lesbian community. Lambda Legal, for For his part, President Bush told a G ening and intensifying their push example, is gathering endorsements news conference on July 30 that he for same-sex marriage while waiting from a wide variety of religious and favors legally limiting marriage to het- for what many expect to be a favor- civil-liberties organizations, political fig- erosexual couples. “I believe marriage able ruling from the Massachusetts high ures and celebrities from entertainment, is between a man and a woman, and court. Opponents, in turn, are step- business and other professions. “As I believe we ought to codify that one ping up their efforts to thwart any with any civil-rights movement, there way or the other, and we have lawyers state court rulings to sanction same- is a need to reach out to allies, par- looking at the best way to do that,” sex relationships through federal leg- ticularly non-gay allies,” Freedom to Bush said. islation or a constitutional amendment, Marry’s Wolfson explains. A proposed amendment intro- if necessary. In the largest effort for mass sup- duced by Rep. Marilyn Musgrave, R- Opinion polls indicate a decline in port, , the gay Colo., would define marriage only as support for same-sex relationships since political-action organization, is using a “a union of a man and a woman.” It the Supreme Court’s June decision in Web site (www.millionformarriage.org) would then stipulate that the U.S. the Texas anti-sodomy case. Anti-gay to seek 1 million signatures on a pe- Constitution, state constitutions or state

CQ on the Web: www.cqpress.com Sept. 5, 2003 741 GAY MARRIAGE

Gay-Marriage Issue Poses Political Risks

he gay-marriage issue poses risks for both Republicans Gephardt’s. Both are actively campaigning for their fathers. and Democrats in next year’s presidential election. Some Still another branch of the GOP, the gay Log Cabin Re- T conservatives, like former presidential candidate Gary publicans, may also push Bush to take a stand. “The Bush ad- Bauer — now president of the conservative American Values ministration is going to have to decide to go on record” em- group — say it will be a defining “values” issue for voters. bracing gays “as part of the American family and the Republican President Bush will no doubt by pressured to elaborate Party,” said Patrick Guerriero, the former Melrose, Mass., mayor on his marriage-is-between-a-man-and-a-woman position. In who now heads the group. doing so, he’ll have to keep the Christian right wing of his Democratic candidates also have been reluctant to endorse party happy without alienating moderate GOP and indepen- gay marriage. At a July forum sponsored by Human Rights dent voters favoring individual privacy over government in- Campaign, all nine Democratic presidential candidates endorsed trusiveness. same-sex partnership benefits, but none of the major candi- “I can’t imagine the White House being AWOL on that de- dates has embraced gay marriage. bate and just repeating, ‘We believe marriage is between a man The gay-marriage issue could affect Democrats’ performance and a woman,’ ” Bauer says. “You’ve got to put a policy on in the Midwest, the southern Border States, rural areas and the table to implement the values of your supporters. Other- among over-50 Americans — all key demographic segments wise, why would your supporters continue to be engaged in where support for gay rights is weaker than among urban, your coalition?” 1 coastal and younger voters. Meanwhile, Vice President Dick Cheney’s wife Lynn — a conservative stalwart — calls the idea that government has any 1 Quoted in Susan Page, “Gay Rights Tough to Sharpen into Political ‘Wedge business in people’s bedrooms “a stretch.” 2 Cheney’s daugh- Issue,’ ” USA Today, July 28 2003, p. A10. ter is gay, as is Democratic presidential candidate Richard 2 Frank Rich, “Gay Kiss: Business As Usual,” The New York Times, June 22, 2003. or federal laws cannot be construed sexual orientation and the law at Chica- to require that “marital status or the go’s Kent College of Law. Samar calls legal incidents thereof be conferred the amendment “dangerous.” 35 OUTLOOK upon unmarried couples or groups.” To be ratified, a constitutional amend- Some opponents of gay marriage ment must be approved by two-thirds are not convinced a constitutional majorities in both houses of Congress amendment is necessary. “We would and then by legislatures in three-fourths Brave New World? favor defense-of-marriage acts in every (38) of the states. Supporters ac- state and if necessary a constitutional knowledge ratification faces an uphill n his argument for recognizing same- amendment,” Mackey says. Others think battle. But a recent opinion poll indi- I sex marriage in the mid-1990s, Yale Musgrave’s amendment may not go far cates majority support for either a law law Professor Eskridge predicted the enough. “We want to see an amend- or constitutional amendment to ban move would bring about significant ment that would prevent civil unions gay marriage. changes in the gay community and in and , one that The poll, conducted for The As- society at large. Same-sex marriage, he would prevent the legal recognition of sociated Press by International Com- wrote, “civilizes gays” — by fostering same-sex partnerships no matter what munications Research, reported that commitment, reducing promiscuity and you call it,” says Sandy Rios, president 52 percent of respondents favored promoting integration into the larger of Concerned Women of America. and 41 percent opposed a law to ban culture. It also “civilizes America,” Es- Gay-marriage supporters, on the other gay marriage. A constitutional amend- kridge said, by replacing homophobic hand, say the amendment goes too far ment to define marriage as one man “group hatred” with the kind of “group by effectively prohibiting any marriage- and one woman was supported by acceptance and cooperation” that is a like arrangements between same-sex 54 percent of respondents and op- source of American strength and pride. partners. The amendment “limits all the posed by 42 percent. The poll also Opponents of same-sex marriage en- indicia of marriage,” including rights of found a majority — 53 percent — vision significant change, too — but inheritance, child support or health- opposed to laws allowing gays or les- not for the better. Invoking the image care decision making, according to Vin- bians to form a civil union with mar- of novelist Aldous Huxley’s negative cent Samar, who teaches a course on riage-like benefits. utopia, lawyers with the Marriage Watch

742 CQ Researcher Project at Catholic University, say in cision, they profess confidence that a sexuals. Democratic Gov. Gray Davis their amicus brief in the Goodridge case breakthrough is imminent. 36 “Within a supports the bill and has promised to that the “proposed ‘brave new world’ year, we will see gay couples legally sign it when it reaches his desk. 37 of marriage” would necessarily lead to married in the United States,” Wolfson With no definitive resolution on the legalizing incest and polygamy [and] says, “and Americans will accept that.” issue on the horizon, both sides ap- leave “moral restraints . . . consigned Opponents denounce the courts’ pear to be preparing for a long strug- to the ash heap.” role on the issue. “The only way the gle. Opponents believe public opinion Advocates of same-sex marriage is moved forward is from is on their side and will ultimately pre- today dispute the dire predictions from runaway courts,” says Mackey of the vail. “In spite of what you’re seeing in opponents but also minimize, to some Family Research Council. “We think that’s pop culture and in the media, in the extent, the likely changes for the gay a very serious problem when the courts absence of anything pushing back on community or society at large. “Gay take on something that they shouldn’t.” the gay agenda, in spite of that silence married couples will pay their taxes, For his part, gay-marriage opponent except from groups like ours, Ameri- enroll their kids in school and fight Wardle, of Brigham Young University, cans seem to be resonating with what over who takes out the garbage just says he is resigned to unfavorable rul- we believe to be true,” says Rios of like other married couples, and it will ings from some state courts: “It will Concerned Women of America. do nothing to undermine anyone else’s mean that gay relationships recog- “If the masses of the people de- marriage and family,” says Wolfson of nized in one state will not be recog- cide they’re going to have to take this Freedom to Marry. nized in some other states.” on, marriage will be codified as one For the moment, however, accep- However, Wardle and gay-marriage man, one woman.” tance of gay marriage seems to be re- advocate Strasser at Capital University Gay-marriage supporters, however, ceding, according to the three polls Law School both believe the Supreme note that other civil-rights movements conducted for national news organiza- Court is unlikely to endorse same-sex have struggled long and hard to win tions since the Supreme Court’s marriage any time soon. over public opinion. “Our civil-rights Lawrence decision in late June. The Individual state legislatures, how- movement will be on the same type AP poll, the most recent of the three, ever, could decide to provide mar- of slow-but-sure march toward equal- indicates likely trouble for any politi- riage-like benefits to homosexual cou- ity in marriage,” says Lambda Legal cal candidate who takes up the issue. ples even without court action. The Defense attorney Buckel. Close to half of those surveyed said California legislature is on the verge “The outcome is inevitable,” he they would be less likely to support a of approving a bill to give registered continues. “It’s about family. Anybody presidential candidate who backs civil domestic partners — including gay who has a family knows how far they unions (44 percent) or gay marriage and lesbian couples — an array of will go to get the protections that fam- (49 percent), while only around 10 per- benefits, including the ability to ask ily needs.” cent said they would be more likely. for child support and alimony and the A dose of political reality is also de- right to health coverage under a part- flating the euphoria within the gay ner’s plan. The bill, approved by the community about the moves toward state Senate on Aug. 28 and awaiting Notes same-sex marriage in Canada. The final approval of amendments by the government’s planned legislation to le- Assembly, would also give domestic 1 For general background, see the following galize same-sex marriage nationwide partners the same privilege for mari- CQ Researcher reports: Kenneth Jost, “Gay faces uncertain prospects for passage, tal confidentiality enjoyed by hetero- Rights Update,” April 14, 2000, pp. 305-328; according to news accounts. Some members of Canada’s Parliament are suggesting the issue be put before the About the Author voters in a national referendum. Polls Associate Editor Kenneth Jost graduated from Harvard indicate Canadians are almost equally College and Georgetown University Law Center, where he divided on the subject. is an adjunct professor. He is the author of The Supreme Gay-marriage advocates in the Unit- Court Yearbook and editor of The Supreme Court from A ed States play down the recent poll num- to Z (both CQ Press). He was a member of The CQ Re- bers as a momentary dip. With suits ad- searcher team that won the 2002 American Bar Associa- vancing in Arizona and New Jersey and tion Silver Gavel Award. the Massachusetts case still awaiting de-

CQ on the Web: www.cqpress.com Sept. 5, 2003 743 GAY MARRIAGE

Richard L. Worsnop, “Gay Rights,” March 5, 1993, pp. 193-216; Charles S. Clark, “Marriage and Divorce,” May 10, 1996, pp. 409-432. FOR MORE INFORMATION 2 Darryl Fears, “3 Support Same-Sex Mar- Concerned Women for America, 1015 15th St., N.W., Suite 1100, Washington, riage; Democrats Appear At Rights Forum,” DC 20005; (202) 488-7000; www.cwfa.org. Conservative advocacy group opposed The Washington Post, July 16, 2003, p. A8. to gay marriage and other parts of what it calls the “homosexual agenda.” 3 U.S. Census Bureau, “Married-Couple and Unmarried-Partner Households: 2000,” Census Family Research Council, 801 G St., N.W., Washington, DC 20001; (202) 393- 2000 Special Reports, February 2003, pp. 1-13. 2100; www.frc.org. Nationwide pro-family group opposed to gay marriage. 4 Timothy J. Dailey, “Homosexual Parenting: Placing Children at Risk,” Family Research Freedom to Marry, 116 West 23rd St, Suite 500, New York, NY 10011; (212) Council, Oct. 30, 2001. 851-8418; www.freedomtomarry.org. Gay-marriage advocacy group seeks to mobi- 5 Judith Stacey and Timothy J. Biblarz, lize supporters outside gay-lesbian community. “(How) Does the Sexual Orientation of Par- Gay and Lesbian Advocates and Defenders, 30 Winter St., Suite 800, Boston, ents Matter?” American Sociological Review, MA 02108; (617) 426-1350; www.glad.org. Regional gay-rights organization repre- Vol. 66 (April 2001), pp. 159-183. senting plaintiffs in Massachusetts gay-marriage case. 6 Background drawn from William N. Eskridge Jr., The Case for Same-Sex Marriage: From Sex- Lambda Legal Defense and Education Fund, Inc., 120 Wall St., Suite 1500, ual Liberty to Civilized Commitment (1996), pp. New York, NY 10005-3904; (212) 809-8585; www.lambdalegal.org. National gay- 15-50. The chapter can also be found at “Peo- rights organization representing plaintiffs in New Jersey gay-marriage case. ple with a History: An Online Guide to Les- bian, Gay, Bisexual, and Trans History,” a Web Massachusetts Family Institute, 381 Elliot St., Newton, MA 02464; (617) 928-0800; site maintained by Fordham University Profes- www.mafamily.org. Pro-family organization, founded in 1991, opposed to gay marriage. sor Paul Halsall (www.fordham.edu/halsall/pwh). 7 John Boswell, Same-Sex Unions in Premodern ships: The Men,” The Advocate, Aug. 23, 10, 2003). http://www.ontariocourts.on.ca/de- Europe (1994). For representative reviews, see 1994, pp. 32-33; Janet Levin, “Lesbian Sex cisions/2003/june/halpernC39172.htm Marina Warner, “More Than Friendship,” The Survey: The 1995 Advocate Survey of Sexu- 27 Evan Thomas, “The War Over Gay Mar- New York Times Book Review, Aug. 28, 1994, ality and Relationships: The Women,” The riage,” Newsweek, July 7, 2003, pp. 38-45. p. 7; Wendy Doniger, “Making Brothers,” Los Advocate, Aug. 22, 1995, pp. 26-27. 28 Deb Price, “Gay Newlyweds Embrace Cana- Angeles Times Book Review, July 31, 1994, p. 17 For background on the lead plaintiffs, Ninia dian Marriage,” The Detroit News, July 7, 2003. 1; and Camille Paglia, “Plighting Their Troth,” Baehr and Genora Dancel, see Eskridge, op. 29 Three states have no newspapers that pub- Book World (The Washington Post), July 17, cit., pp. 1-4. lish same-sex couples’ announcements: Missis- 1994, p. X1. For a compendium of sources, 18 The decision is Baehr v. Lewin, 852 P.2d sippi, Oklahoma and South Dakota. For a com- see “People with a History,” op. cit. 44 (Hawaii 1993). plete list, see the Gay and Lesbian Alliance 8 Boswell, op. cit., p. 191. 19 The decision is Baehr v. Miike. The Hawaii Against Defamation’s Web Site: www.glaad.org. 9 Eskridge, op. cit., p. 35. Supreme Court decision, not officially pub- 30 David Toussaint, “Outward Bound,” 10 Ibid., p. 44. lished, can be found at 1999 LEXIS 391. Bride’s, September-October 2003, p. 346. 11 Background drawn from Eskridge, op. cit., 20 The decision is Brause v. Bureau of Vital 31 U.S. Census Bureau, op. cit. pp. 51-86. Statistics, 1998 WL 88743 (Alaska Super.). 32 Quoted in Christopher Marquis, “Total of Un- 12 The case is Baker v. Nelson, 191 N.W.2d 21 See 1996 CQ Almanac, pp. 5-26 — 5-29. married Couples Surged in 2000 U.S. Census,” 185 (Minn. 1971). 22 The case is Baker v. State, 744 A.2d 864 The New York Times, March 13, 2003, p. A22. 13 Eskridge, op. cit., p. 56. The cases from (Vt. 1999). 33 Quoted in Evelyn Nieves, “Family Values eight states are listed in footnote 28, at pp. 23 For coverage, see Trudy Tynan, “Gay cou- Groups Gear Up for Battle Over Gay Marriage,” 232-233. ples sue over right to marry in Massachusetts,” The Washington Post, Aug. 17, 2003, p. A6. 14 The case is Bowers v. Hardwick, 478 U.S. The Associated Press, April 11, 2001; Yvonne 34 See Bill Swindell and John Cochran, “Gay 186 (1986). Abraham, “Gays Seek Right to Marry,” The Marriage Debate Holds Land Mines for Both 15 The debate, originally published in OUT/LOOK, Boston Globe, April 12, 2001, p. A1; Linda Bock, Parties,” CQ Today, Aug. 1, 2003. National Lesbian and Gay Quarterly (fall 1989), “Gays Seek OK for Marriage,” The (Worcester) 35 Appearance on PBS “NewsHour with Jim is reprinted in Suzanne Sherman (ed.), Lesbian Telegram and Gazette, April 12, 2001, p. A1. Lehrer,” July 31, 2003. and Gay Marriage: Private Commitments, Pub- 24 For coverage, see Kathleen Burge, “Judge 36 The New Jersey case is Lewis v. Harris, L- lic Ceremonies (1992), pp. 13-26. Stoddard died Dismisses Same-Sex Marriage Suit,” The Boston 00-4233-02 (Hudson County Superior Court), in 1997; Ettelbrick, currently family policy di- Globe, May 9, 2002, p. B6. filed June 26, 2002. The Arizona case is rector of the National Gay and Lesbian Task 25 For coverage, see Kathleen Burge, “SJC Standhardt vs. Superior Court, 1 CA-SA-03- Force, is now more supportive of efforts to Peppers Lawyers on Same-Sex Marriage,” The 0150, argued before the Arizona Court of Ap- win legal recognition of same-sex relationships. Boston Globe, March 5, 2003, p. A1. peal on Aug. 19, 2003. 16 Janet Levin, “Sexual Relations: The 1994 26 The case is Halpern v. Canada (A.G.), 37 See Carl Ingram, “Domestic Partners Bill Advocate Survey of Sexuality and Relation- C39172 (Court of Appeal for Ontario, June OKd,” Los Angeles Times, Aug. 29, 2003, p. B1.

744 CQ Researcher Bibliography Selected Sources

Books er are identified under their individual titles. Duncan is as- sistant director of the Marriage Law Project, Columbus School Boswell, John, Same-Sex Unions in Premodern Europe, of Law, Catholic University of America; Coolidge was the Villard, 1994. project’s director before his death in 2002. Presents highly controversial thesis by the late, openly gay Yale historian that the medieval Catholic Church routinely Articles conducted ceremonies solemnizing “same-sex unions” be- tween men. Heavily annotated; includes texts of manuscripts, Bumiller, Elisabeth, “Why America Has Gay Marriage Jitters,” translated. Draws on author’s earlier work, Christianity, So- The New York Times, Aug. 10, 2003, Sec. 4, p. 1. cial Tolerance, and Homosexuality: Gay People in Western Analyzes public opinion on gay marriage after polls regis- Europe from the Beginning of the Christian Era to the Four- tered drop in popular support. teenth Century (University of Chicago Press, 1980). Thomas, Evan, “The War Over Gay Marriage,” Newsweek, Eskridge, William N., The Case for Same-Sex Marriage: From July 7, 2003, pp. 38-45. Sexual Liberty to Civilized Commitment, Free Press, 1996. Journalistic analysis of gay-marriage issue immediately fol- A professor at Yale Law School strongly argues for legal lowing U.S. Supreme Court’s decision striking down state recognition of same-sex marriage. Chapters cover history of anti-sodomy laws. same-sex marriage, debate within gay and lesbian commu- nity, mainstream objections to same-sex marriage, and con- Wardle, Lynn D., “A Critical Analysis of Constitutional Claims stitutional arguments for recognition. Includes notes, list of for Same-Sex Marriage,” Brigham Young University Law court cases and 20-page list of references. Review, Vol. 1996, No. 1, pp. 1-101. Comprehensively criticizes arguments for recognizing same- Lewin, Ellen, Recognizing Ourselves: Ceremonies of Gay sex marriage; also notes “imbalance” in legal literature on and Lesbian Commitment, Columbia University Press, 1998. the issue. Wardle is a professor at Brigham Young Univer- A professor of anthropology and women’s studies at the sity’s J. Ruben Clark School of Law. For a more recent ar- University of Iowa provides a comprehensive account of gay ticle, see “‘Multiply and Replenish’: Considering Same-Sex and lesbian commitment ceremonies in the United States, in- Marriage in Light of State Interests in Marital Procreation,” cluding the author’s own. Includes notes and 10 pages of Harvard Journal of Law and Public Policy, Vol. 24, No. 3 references. For an older collection of vignettes of gay and (summer 2001), pp. 771-814. lesbian couples, see Suzanne Sherman (ed.), Lesbian and Gay Marriage: Private Commitments, Public Ceremonies (Tem- Reports and Studies ple University Press, 1992). American Academy of Pediatrics, “Technical Report: Co- Strasser, Mark, On Same-Sex Marriage, Civil Unions, and parent or Second-Parent Adoption by Same-Sex Parents,” the Rule of Law: Constitutional Interpretation at the Vol. 109, No. 2 (February 2002), pp. 341-344. Crossroads, Praeger, 2002. Task force of pediatricians’ group examines some 20 stud- A professor at Capital University Law School, Columbus, ies to conclude that children raised by gay or lesbian parents Ohio, argues for recognition of same-sex marriage with analy- fare as well as children raised in heterosexual households. sis of legal developments from Hawaii Supreme Court rul- ing through enactment of Vermont “civil union” legislation. Cahill, Sean, Mitra Ellen and Sarah Tobias, “Family Policy: Includes notes, list of court cases and bibliography. For ear- Issues Affecting Gay, Lesbian, Bisexual and Transgender lier titles, see The Challenge of Same-Sex Marriage: Federal- Families,” National Gay and Lesbian Task Force Policy In- ist Principles and Constitutional Protections (Praeger, 1999); stitute, 2002. and Legally Wed: Same-Sex Marriage and the Constitution Comprehensively catalogs from an advocacy perspective laws (Cornell University Press, 1997). and policies affecting gay and lesbian individuals and families.

Wardle, Lynn D., Mark Strasser, William C. Duncan and Lerner, Robert, and Althea K. Nagai, “No Basis: What the David Orgon Coolidge (eds.), Marriage and Same-Sex Studies Don’t Tell Us About Same-Sex Parenting,” January Unions: A Debate, Praeger, 2003. 2001 (www.marriagewatch.org). Carefully balanced essays by some 20 contributors on his- Critique by two social scientists of studies purporting to torical, philosophical and constitutional views of same-sex show that children raised by gay or lesbian parents fare as marriage. Includes two-page table of cases. Wardle and Strass- well as those raised in heterosexual households.

CQ on the Web: www.cqpress.com Sept. 5, 2003 745 The Next Step: Additional Articles from Current Periodicals

Benefits for Gay Couples Ferdinand, Pamela, “For Gay Couples, Civil Unions Tougher To Undo Than Create,” The Washington Post, Biskupic, Joan, “Same-Sex Couples are Redefining Fam- Nov. 28, 2002, p. A3. ily Law in USA,” USA Today, Feb. 18, 2003, p. A1. Gay couples united under Vermont law are finding that Gay and lesbian couples increasingly are going to court other states don’t recognize their legal partnerships — mak- seeking parental rights and benefits similar to those enjoyed ing it difficult for the unions to be dissolved. by heterosexual couples. Morris, Holly J., and Vicky Hallett, “Public Displays of Af- Halper, Evan, “Gay Activists Split Despite Successes,” Los fection,” U.S. News & World Report, Sept. 9, 2002, p. 42. Angeles Times, Sept. 16, 2002, p. B5. Many gay-community members were excited when The With inheritance and other benefits for same-sex couples New York Times announced that it would publish reports of signed into state law, California is seen as second only to same-sex commitment ceremonies. Vermont as a gay-friendly state. Court Rulings in Canada Pope, Justin, “The Dollar Cost of No Legal Marriage,” Los Angeles Times, Aug. 17, 2003, p. C3. Krauss, Clifford, “A Few Gay Americans Tie the Knot in For gay couples, the inability to wed officially can mean Canada,” The New York Times, June 28, 2003, p. A2. higher taxes, more expensive insurance and other financial American gay and lesbian couples are marrying in Cana- consequences. da, taking advantage of an Ontario court ruling that ex- tended marriage rights to same-sex couples. Churches and Same-Sex Unions Krauss, Clifford, “Canada’s Push to Legalize Gay Mar- Allen, Charlotte, “Episcopal Church Plays Russian Roulette riages Draws Bishops’ Ire,” The New York Times, Aug. on the Gay Issue,” Los Angeles Times, Aug. 10, 2003, p. 10, 2003, p. A7. M1. When Canada’s political leaders decided to extend mar- The Episcopal Church has tacitly approved same-sex riage rights to gays and lesbians, they inspired resistance unions, a move that some critics think is reducing the from the country’s Roman Catholic bishops. church’s membership and influence. Marquis, Christopher, “U.S. Gays Who Marry In Canada De Cristofaro, Maria, and Tracy Wilkinson, “Gay Mar- Face Hurdles,” The New York Times, June 19, 2003, p. riage Is Immoral, Vatican Says,” Los Angeles Times, Aug. A8. 1, 2003, p. A3. Gay Americans married in Canada likely will come home A recent papal declaration urges lawmakers everywhere to to a confusing patchwork of competing laws and a strug- fight same-sex unions. gle for legal recognition.

Goldscheider, Eric, “Going Inside the Church For Same- McClelland, Colin, “Same-Sex Marriage Endorsed In Cana- Sex Unions,” The New York Times, March 16, 2002, p. B6. da,” The Washington Post, June 18, 2003, p. A22. Some members of the Episcopal Church have chosen to Recent changes to Canadian law mean Canada will be join- have civil-union ceremonies presided over by priests. ing Belgium and the Netherlands as the only countries where same-sex couples can legally wed. Morin, Richard, and Alan Cooperman, “Majority Against Blessing Gay Unions,” The Washington Post, Aug. 14, Ritter, John, “Canada Gives Gays Hope for Change,” USA 2003, p. A1. Today, June 30, 2003, p. A3. A majority of the public disapproves of the Episcopal Ontario’s highest court struck down Canada’s ban on same- Church’s decision to bless same-sex unions, according to sex marriages, and the Canadian government proposed leg- some polls. islation that would extend the ruling to every province. Civil Unions Gay Parents

Adamson, Rondi, “Gay Marriage — the Next Just Step,” Brody, Jane E., “Gay Families Flourish as Acceptance The Christian Science Monitor, July 14, 2003, p. 9. Grows,” The New York Times, July 1, 2003, p. F7. Vermont is the only state that recognizes “civil unions” be- The gradual erosion of homophobia over the past 10 or tween same-sex couples, giving them many of the same 15 years has led to a sharp rise in the number of openly rights and responsibilities as married couples. gay men and women who have chosen to be parents.

746 CQ Researcher Gallagher, Maggie, “What Marriage Is For,” The Weekly Landsberg, Mitchell, and John M. Glionna, “Sodomy Rul- Standard, Aug. 4, 2003. ing Fuels ‘The Culture War,’ ” Los Angeles Times, June Some social commentators think that successful child rear- 27, 2003, p. A31. ing requires both a man and a woman as parents, making Some legal scholars say broadening gay rights may have same-sex marriage a dangerous precedent. the unintended effect of legalizing other heterosexual con- duct, like polygamy and incest. Krauss, Clifford, “With a Quebec Law, Equality for Gay Parents,” The New York Times, June 25, 2002, p. A3. Sodomy Ruling A new Quebec provincial law will give gay and lesbian couples the same parental rights and obligations extended Cooperman, Alan, “Sodomy Ruling Fuels Battle Over Gay to heterosexual couples. Marriage,” The Washington Post, July 31, 2003, p. A1. When the Supreme Court struck down a Texas law against Liptak, Adam, “Gay Couple Challenges Florida Ban on sodomy a month ago, religious conservatives viewed the de- Homosexual Adoptions,” The New York Times, March cision as a terrible defeat. 2, 2003, p. A16. Gay people are the only group that is categorically re- Gegax, T. Trent, et al., “The War Over Gay Marriage,” stricted from adopting children in Florida — even people Newsweek, July 7, 2003, p. 38. with a history of domestic violence may adopt under some In a landmark decision, the Supreme Court affirmed gay circumstances. privacy and opened the way to a revolution in family lifestyles in America. Morin, Monte, and Erika Hayasaki, “Court OKs Adoption by Unwed Pairs,” Los Angeles Times, Aug. 5, 2003, p. B1. Gibbs, Nancy, “A Yea For Gays,” Time, July 7, 2003, p. 38. A California state court upheld adoption by same-sex cou- The Supreme Court’s decision to legalize sodomy was not, ples in the state. strictly speaking, a “liberal” one, because many conserva- tives and liberals are staunch privacy advocates. Impact on Heterosexual Marriage Gilgoff, Dan, “Gays Force The Issue,” U.S. News & World Bumiller, Elisabeth, “Why America Has Gay Marriage Jit- Report, Aug. 18, 2003, p. 12. ters,” The New York Times, Aug. 10, 2003, p. D1. Gay issues represent rocky terrain for Republicans and De- Democratic candidates argue that gay-rights advocates should mocrats alike, but suddenly candidates from both parties banish the word “marriage” from public debate because it cannot avoid them. angers some heterosexual voters. Rauch, Jonathan, “The Supreme Court Ruled for Privacy Kurtz, Stanley, “Beyond Gay Marriage,” The Weekly Stan- — Not for Gay Marriage,” National Journal, July 26, 2003. dard, Aug. 4, 2003. When the U.S. Supreme Court planted itself on the side According to some social critics, legalized gay marriage is of gay rights, something like hysteria ensued in the conser- likely to produce legalized polygamy and “.” vative commentariat.

CITING THE CQ RESEARCHER Sample formats for citing these reports in a bibliography include the ones listed below. Preferred styles and formats vary, so please check with your instructor or professor.

MLA STYLE Jost, Kenneth. “Rethinking the Death Penalty.” The CQ Researcher 16 Nov. 2001: 945-68.

APA STYLE Jost, K. (2001, Nov. 16). Rethinking the death penalty. The CQ Researcher, 11, 945-968.

CHICAGO STYLE Jost, Kenneth. “Rethinking the Death Penalty.” CQ Researcher, November 16, 2001, 945-968.

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