Gay rights gain ground
by Anna McCormally
Gay rights activists in the United States have won several legal battles this month, as pro-gay-rights measures have been pushed through in several states. On April 3, Iowa’s Supreme Court found the state’s ban on gay marriage to be unconstitutional, and on April 7, gay marriage was legalized in Vermont when the state legislature overturned Governor Jim Davis’ veto of legislation that would legalize gay marriage. This makes Vermont the first state to legalize gay marriage through legislation, as opposed to through the courts.
On April 7, in the District of Columbia, the D.C. Council approved legislation that will uphold gay marriages from other states in Washington. Though this is just the first of a series of steps necessary to make that legislation a law, it is still noteworthy.
“There is every reason to believe that this trend toward allowing same-sex couples to wed will continue in coming months,” wrote Assistant Professor of Politics Thor Hogan in an e-mail interview. “There are several states currently considering legislation. In New York, Governor Patterson has been making a big push in this area.”
President Barack Obama is an advocate of civil unions and supports legislation that would give citizens in civil unions the same rights as married couples. He also says that the Defense of Marriage Act (DOMA), which states that no state is required to recognize a gay marriage from another state, should be repealed. However, as of right now, no national gay rights legislation is on the table.
“President Barack Obama has suggested that he would move to repeal both the ‘Don’t Ask, Don’t Tell’ policy and DOMA,” wrote Hogan. “But, at this point, there has been no serious attempts made on either front.”
Assistant Professor of Politics Jennifer Seely is not optimistic on this front, either. “I hope the trend will continue,” she said, adding, “President Obama is not particularly progressive on gay marriage, so if the trend was going to continue, it would have to be grassroots.”
Where does this leave Indiana?
Representative Phil Pflum, who represents Wayne County and the rest of the Indiana House of Representatives’ 59th Congressional District, does not see the Indiana Supreme Court making any decisions similar to Iowa’s any time soon.
“We have a conservative court here in Indiana,” Pflum said. He expects the court to stay on a more conservative path.
In 2005, a marriage amendment was proposed in the Indiana General Assembly, reading: “Only a marriage between one (1) man and one (1) woman shall be valid or recognized as a marriage in Indiana. A legal status identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized.”
The amendment did not go through in 2005, and cannot be reconsidered until 2012.
Pflum is sure that it will in fact come up again, but is confident that even if it passes and the state constitution is amended, a time will come when gay marriage will be legal in Indiana.
“The next generation, if we were to amend that into the constitution, would amend it right back out again,” he said.
Pflum, a Democrat, is a supporter of civil unions.
“I don’t believe we need any sort of discrimination,” he said.
Seely believes that the gay rights measures that have been taken recently might very well result in backlash from the opposition. She emphasized again that if pro-gay-rights legislation is to be pushed through, it will be by grassroots activists. She said:
“States that might have been willing to leave the question alone might now have constituents in them who will be more motivated to make a constitutional amendment banning gay marriage … they might be more galvanized.”
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