1 2 3 4 5 6 the politics 7 of 8 9 same-sex marriage 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 1 2 3 4 5 6 the politics 7 of 8 9 same-sex marriage 10 11 edited by 12 craig a. rimmerman 13 14 and 15 clyde wilcox 16 17 18 19 20 21 22 23 24 25 26 27 28 the university of chicago press 29 chicago & london 30 31 32 33 34 35 36 37 38 39 40 craig rimmerman is professor of public policy studies and political science and currently holds the joseph p. digangi endowed chair in the social sciences at hobart and william smith colleges. clyde wilcox is professor of government at georgetown university. they are co- editors (along with kenneth wald) of THE POLITICS OF GAY RIGHTS (university of chicago press, ). the university of chicago press, ltd., london © by the university of chicago all rights reserved. published printed in the united states of america isbn-: ---- (cloth) isbn-: ---- (paper) isbn-: --- (cloth) isbn-: --- (paper) library of congress cataloging-in-publication data the politics of same-sex marriage : edited by craig a. rimmerman and clyde wilcox. p. cm. includes bibliographical references and index. isbn-: ---- (cloth: alk. paper) isbn-: --- (cloth: alk. paper) isbn-: ---- (pbk.: alk. paper) isbn-: --- (pbk.: alk. paper) . same-sex marriage—united states. same-sex marriage—political aspects—united states. i. rimmerman, craig a. ii. wilcox, clyde, - hq.up .’—dc ᭺ϱ the paper used in this publication meets the minimum requirements of the american national standard for information sciences—permanence of paper for printed library materials, ansi z.–. contents preface Clyde Wilcox ix introduction: the politics of same-sex marriage Mark Carl Rom 1 will the courts set us free? reflections on the campaign for same-sex marriage John D’Emilio 39 the consequences of marriage policy for same-sex couples’ well-being Ellen D. B. Riggle and Sharon S. Rostosky 65 same-sex marriage, glbt organizations, and the lack of spirited political engagement Ronald G. Shaiko 85 theological perspectives on gay unions: the uneasy marriage of religion and politics Kenneth D. Wald and Graham B. Glover 105 religious coalitions for and against gay marriage: the culture war rages on David C. Campbell and Carin Robinson 131 the anti–gay marriage movement Sean Cahill 155 framing the issue of same-sex marriage: traditional values versus equal rights Barry L. Tadlock, C. Ann Gordon, and Elizabeth Popp 193 if i bend this far i will break? public opinion about same-sex marriage Clyde Wilcox, Paul R. Brewer, Shauna Shames, and Celinda Lake 215 same-sex marriage in the election DeWayne L. Lucas 243 the presidency, congress, and same-sex marriage Craig A. Rimmerman 273 ’til death—or the supreme court— do us part: litigating gay marriage Karen O’Connor and Alixandra B. Yanus 291 the politics of same-sex marriage versus the politics of gay civil rights: a comparison of public opinion and state voting patterns Katie Lofton and Donald P. Haider-Markel 313 the united states in comparative context David Rayside 341 list of contributors 365 index 371 preface In 2006 same-sex marriage replaced abortion as the focal issue of cul- tural confl ict. Conservative activists have marched in Washington and barraged the U.S. Senate with letters in support of a constitutional amendment limiting marriage to heterosexual couples. Gay and lesbian rights activists have also marched and lobbied and have gone to court to challenge state and local laws that bar them from marrying. Th e battle over marriage has involved all branches and levels of government and has been the subject of statewide referenda. Students at Hobart and William Smith Colleges and at Georgetown University are very interested in the issue and frequently have strong normative views. But they frequently fi nd the politics of same-sex mar- riage confusing. Th is is not surprising, for the issue is quite complex. First, same-sex marriage is both a new issue on the national and state political agendas and an extension of a much longer set of policy debates that stretches back for several decades. In many ways, the quest for the ix preface right to marry is the logical extension of other eff orts by the gay and lesbian rights movement to decriminalize same-sex behavior, to prohibit discrimination in employment and housing, to serve openly in the mili- tary, and to more generally enjoy the rights and privileges extended to heterosexual citizens. To the extent that same-sex marriage is similar to these other issues, we would expect public attitudes and policies to grow more accommodating over time, as detailed in separate chapters by Mark Carl Rom and by Clyde Wilcox, Paul R. Brewer, Shauna Shames, and Celinda Lake with regard to matters such as employment discrimi- nation and gays and lesbians in the military. Yet marriage is, for many Americans, a substantively diff erent issue than employment discrimination. Many see marriage as an institution created by God and consecrated in a church, and most have mental im- ages of countless heterosexual marriages in their minds as they approach this new issue. To the extent that marriage is a unique issue that taps into diff erent cognitive images and emotional responses, the politics of the issue may remain more constant over time. Second, same-sex marriage is what is often called an “easy” issue for the public to understand, since it does not require complex background information or technical knowledge for one to comprehend it. Sorting out competing plans to lower the cost of prescription drugs requires con- siderable background information and knowledge of economics, but de- ciding whether same-sex marriage should be allowed requires a citizen to merely inventory her values. Yet this does not mean that all Americans fi nd the issue an easy one to resolve. In the heated fi rst reactions to the Massachusetts Supreme Judicial Court decision that legalized same-sex marriage in that state, many conservative groups urged Americans to “protect” marriage from the long lines of gay and lesbian couples that lined up in San Francisco to marry in the summer of 2004. But there is some evidence that this frame is beginning to lose some of its potency as citizens ponder why allowing those couples to marry would destroy the institution. Surveys show that Americans value traditional marriage and that a majority still believe that homosexuality is sinful. Yet they also value equality, and many have gay and lesbian friends whom they value. Small wonder that polls show such confl icting results, with a majority opposing same-sex marriage when asked a simple yes-no question but majorities also favoring some kind of legal recognition for same-sex couples when asked questions that include the options of marriage, civil union, or no recognition. x preface Th ird, in many ways same-sex marriage activates the same coalitions of groups that fi ght about legal abortion, stem cell research, and other cultural issues. But the coalitions are subtly diff erent in important ways. African American churches have been an important source of opposi- tion to same-sex marriage, for example. And many business groups have opposed referenda that would not only ban same-sex marriage but also forbid companies from providing benefi ts to same-sex couples. Young people are far more supportive of same-sex marriage than older Ameri- cans, adding complexity to the group cleavages. Fourth, same-sex marriage creates complicated issues of federalism. Cities and counties have performed marriages in violation of state law, and states have struggled in some cases over whether to recognize same- sex marriages performed in other states. Some conservatives have pushed to amend the U.S. Constitution to defi ne marriage for all states, but oth- ers object to this national incursion into a policy area that historically has been the province of the states. In the background of this debate, the constitutionality of the Defense of Marriage Act has yet to be decided. If a more conservative Supreme Court permits the act to stand, then married same-sex couples may well have diff erent rights on vacation in some states than others, and the patchwork quilt of state policies may pose serious complications for gay and lesbian couples. If it overturns the act, however, many conservatives who now oppose a federal amendment may favor one to protect the rights of states to defi ne marriage. Finally, there is the tension between issues decided by courts and those decided by legislatures. Conservatives frequently argue that they merely object to activist judges, but it seems likely that some states will adopt same-sex marriage by legislative action in the next decade, and conservatives are unlikely to object less strenuously. Yet liberals are also cautious about resolving the issue in the courts, and some gay and lesbian rights activists reacted with some relief when New York’s state supreme court did not fi nd a right to same-sex marriage in the state’s constitu- tion. Some prochoice activists argue that Roe v. Wade actually shifted the momentum from abortion rights groups that were gradually winning in state legislatures to prolife groups that mobilized in the aftermath of the decision. John D’Emilio suggests that attempts to win marriage in the courts have had disastrous consequences. Yet without a national court decision, it seems unlikely that many states will allow same-sex marriage in any of our lifetimes. xi preface PLAN OF THE BOOK We have put together this collection to help students and faculty bet- ter understand the complexities of the politics of the issue.