Same-Sex Marriage Issue Reaches Courts and Ballot Boxes in 2004
Feature Story by civilrights.org staff - November 30, 2004
The debate over same-sex marriage continued nationwide in 2004 - both in the courts and on the ballots - with varying results.
On November 29, the U.S. Supreme Court refused to hear a challenge to the Massachusetts law that allows same-sex couples to wed. Less than one month before on Election Day, voters in 11 states passed initiatives to ban gay and lesbian marriages.
Civil rights advocates applauded the Supreme Court's action.
"Massachusetts can continue to treat all of its citizens equally," Human Rights Campaign (HRC) President Cheryl Jacques said. "Since May, same sex couples now have access to all the same rights and responsibilities as other couples. It makes sense the court wouldn't take away rights from hard-working, tax-paying American families."
Meanwhile, opponents of same-sex marriage in Massachusetts have said they may push for a gay marriage ban similar to those passed in other states on November 2.
"[The] amendments protect no one but instead discriminate against millions of American families," Jacques said after Election Day. "[They] were put on the ballot to divide people during the heat of the campaign."
State ballot initiatives banning same-sex marriage, and in some cases also outlawing gay and lesbian civil unions and domestic partnerships, were approved by voters in Arkansas, Georgia, Kentucky, Michigan, Mississippi, Montana, North Dakota, Ohio, Oklahoma, Oregon, and Utah.
"Tonight, marriage equality took a right hook to the chin and tens of thousands of families will be hurt, but it's certainly not a knockout," Matt Foreman, executive director of the National Gay and Lesbian Task Force, said after results were announced on Election Day. "This is only one round and when the fight is over, complete equality for gay people will be the only side left standing."
Two lesbian couples filed a federal lawsuit earlier this month against Oklahoma's ban. Legal experts are anticipating court challenges in other states as well.
Opponents of gay marriage bans may attempt to follow the example of Louisiana, where a proposed ban was challenged successfully earlier this year because the initiative improperly asked voters to decide on both gay marriage and civil unions together, rather than as separate issues. Eight states offered similar measures on November 2.
Exit polls from Election Day have shown that 25 percent of voters believe that same-sex marriage should be legal and that an additional 35 percent support same-sex civil unions, indicating that a majority of the nation's voters support legal recognition for gay and lesbian relationships.
"Fair-minded Americans know that gay, lesbian, bisexual and transgender people are their friends, their families, their co-workers, and we deserve equal protection under law," Jacques said.
Cincinnati Residents Repeal Anti-Gay Ordinance Also on Election Day, voters in Cincinnati repealed an 11-year-old law barring the city from passing legislation that would protect gays and lesbians from discrimination.
Cincinnati residents voted overwhelmingly to repeal the law, which HRC President Jacques had called "mean-spirited and discriminatory."
Opponents of Article XII, the original provision, argued that by preventing the city from taking action to address discrimination based on sexual orientation, the ordinance virtually legalized discrimination against gay and lesbian residents.
In addition, critics of Article XII argued that it hurt the city in lost revenues and sent the wrong message to residents - gay and straight alike - that gays and lesbians do not have the same rights as their fellow citizens.
"We are proud of that victory and we are proud of all of the GLBT Americans who had those long and difficult conversations that brought more and more straight Americans to the frontlines of the battle for equality," Jacques said.
