For Gays, New Math
Rethinking tactics after a series of setbacks nationwide
But fighting in the legislatures may not be easy, either. In 1996, Congress passed the Defense of Marriage Act, which bars federal recognition of gay marriages and allows states to pass similar laws. Since then, at least 38 states have done so. The California Legislature last year passed the nation's first marriage equality law, only to have it vetoed. Prospects even in places like New York remain uncertain.
A quick or comprehensive resolution, from a federal constitutional amendment or a Supreme Court decision, isn't likely anytime soon. Both sides expect the current patchwork to continue for the near future, with a few states allowing marriage. A majority of Americans support giving same-sex couples some legal rights, according to a Pew Research Center poll released last week, and six states, including Connecticut and California, and a growing number of businesses and cities, already do so.
Advocates of gay marriage are taking the long view. Courts are far more receptive to gay-rights claims today than even a decade ago. Opposition to gay marriage has dropped 9 percent since 1996, to 56 percent, though it has grown in the last few months, the Pew Center poll shows. "Once people have the chance to see gay couples married," says Evan Wolfson, executive director of Freedom to Marry, "hostility fades."
Opponents hope any court rulings in favor of gay marriage will galvanize support for state or nationwide constitutional bans. "It's time for us to take this decision out of the hands of judges for once and for all," says Peter Sprigg of the Family Research Council. But proposed federal bans have failed in Congress, and a raft of new state amendments seems unlikely.
Back in Washington State, there's little chance gay marriage will be legalized anytime soon. But earlier this year, the Legislature passed a law banning discrimination based on sexual orientation--29 years after it was first introduced. "There's a little more weariness," says Stone, "and a little more wisdom."
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