On Election Day voters in Maine approved a referendum overturning the state’s gay marriage law, making it 31 straight victories in statewide elections for opponents of gay marriage. This is sobering for those who favor equal rights for gays, but not all is gloomy. In Washington State voters passed a law giving full civil union rights to gays; similar laws have also passed in other states.
Public acceptance of gays increases as each year passes, and no doubt one day there will be majorities in favor of gay marriage. But for now too many Americans can’t seem to get past the word “marriage”; they’re willing to grant full marriage rights to gays, but not allow them to use the term. Some may argue that it’s purely a semantic issue; but separate is not equal, and there can be no real equality for gays until they can actually “get married.”
However, the issue of civil unions versus marriage brings up political choices that are at the core of a liberal democratic society.
As I have mentioned in earlier pieces, couples in Europe typically go through two marriage ceremonies—one in which the government grants civil unions, the other a separate and more traditional ceremony, often religious. This, it seems to me, is the appropriate model. In the U.S. we let the state sanction religious ceremonies. This is a clear violation of the Constitutional separation of church and state, and it should be challenged. Gay civil unions provide a way to break this link, and restrict the state to its proper secular role.
If the gay rights community would focus (for the time being) strictly on promoting civil union rights in individual states, they would likely win. They should also focus on the long-term prize of federal civil union legislation, making it illegal for any state to deny civil unions to gay couples. This is something that Obama has hinted that he would support, and for which there very well may be national support.
The arguments against gay marriage make no sense, and are often little more than masks for various forms of bigotry; the arguments against civil unions are even more transparently unjust. Ensuring equal marriage rights for gays in all 50 states, equivalent to those enjoyed by married heterosexual couples, would be a huge victory.
And it could have the added benefit of moving the United States toward the European model, and getting the state out of the marriage business altogether. This should certainly resonate with the more libertarian-leaning Republicans and conservatives. At the same time, religious groups could follow their own consciences and either permit or disallow gay marriages.
To sum up, breaking the connection between the state and marriage would be a big step forward for liberal democracy. And as time passed, more and more religious groups would likely begin to accept gay marriages, mirroring their increased acceptance in the larger society.
Jason Scorse