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CREDIT: The Associated Press: Toby Talbot
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Same-sex marriage effort shifts back to U.S. Northeast
Colonial states may lead way on gay rights
Published Thursday, 02-Apr-2009 in issue 1110
MONTPELIER, Vermont (AP) – Vermont was the first U.S. state to outlaw slavery. Neighboring New Hampshire declared its independence from England before any other colony. Maine led the way with Prohibition to ban alcoholic beverages.
These days, activism in the northeastern New England states has another cause – gay rights.
Two states in New England already allow same-sex marriage and lawmakers in three more are considering it, although passage is far from certain.
To some, the push is emblematic of a live-and-let-live ethic and burnished by gradual acceptance of same-sex relationships after Vermont’s groundbreaking civil unions law took effect in 2000. Others see it as a targeted effort by a vocal minority that has turned to the Northeast because its message can’t get traction elsewhere.
Massachusetts and Connecticut are the only U.S. states that permit same-sex marriage. California, which briefly allowed it before a voter initiative in November repealed it, allows domestic partnerships, as do a handful of other states.
New Jersey and New Hampshire also offer civil unions, which provide many of the same rights that come with marriage. New York recognizes same-sex marriages performed elsewhere. New York and New Jersey are weighing same-sex marriage legislation, and the Iowa Supreme Court has heard arguments on a marriage equality suit.
But for now, the focus on legal recognition of same-sex relationships has returned to northern New England.
“There is not an easy way to get the issue on the ballot and before the voters so that it can be decided directly by the people,” said Maggie Gallagher, president of the National Organization for Marriage, which opposes same-sex marriage and is underwriting a radio campaign against it.
“Therefore, it is more a creature of special-interest politics and legislative deal making. These are small states which can be influenced by fairly large amounts of outside money coming in. And it’s very hard for regular people to feel that they can have a voice on this issue in these states.”
The voices – on both sides – are growing louder:
• New Hampshire, which enacted a civil-unions law last year, moved a step closer to legalizing same-sex marriage Thursday when the state House of Representatives voted in favor. The state Senate still must vote, though, and the governor – who signed a civil-union bills last year – opposes it.
• The Vermont Senate has approved a similar measure, but the House has yet to vote. Gov. Jim Douglas vowed Wednesday to veto the bill if it reaches him, spurring a protest that drew about 300 people to the Statehouse on Friday. Protesters say they’ll push to get enough votes in the Legislature for a veto override.
• In Maine, a bill to legalize same-sex marriage has nearly 60 co-sponsors in the Legislature. Gov. John Baldacci, who opposes same-sex marriage, says he hasn’t taken a position on the measure.
Beth Robinson, who leads the Vermont Freedom to Marry Task Force, says the close proximity of the New England states has allowed people to see for themselves that civil unions work and that same-sex marriage should be allowed. Massachusetts got same-sex marriage in 2004 following a ruling by the state’s top court.
“It’s a lot harder for someone who lives near Massachusetts to say that the sky’s going to fall if we share the same sky. Someone halfway across the country might not see that,” Robinson said.
Another supporter is Stan Baker, 64, of Shelburne, Vermont, whose marriage-equality lawsuit led to Vermont’s first-in-the-nation civil-unions law nine years ago.
“Many of our states have really championed civil rights, social justice and freedom issues and understand that when one person’s rights are denied, it affects all of us,” Baker said.
New Hampshire state Rep. Ed Butler, a 59-year-old Democrat who obtained a civil union last year with his partner of 30 years, said the bill there has big hurdles ahead. But many people want it, he said.
“At least in New Hampshire, there’s a strong libertarian streak – respect of individual rights and respect for your neighbor. If you are a good and contributing member of your community, then people see no reason to deny you what seems reasonable,” Butler said.
Opponents contend that the measures don’t have popular support, saying that gay-rights measures are nearly always defeated at the polls. Amendments to ban same-sex marriage were approved in November in Arizona and Florida. Now, 30 states have same-sex marriage bans in their constitutions.
Michael Heath, executive director of the Maine Family Policy Council, which opposes same-sex marriage, said lawmakers out of touch with real people are the ones pushing same-sex marriage.
“I think it’s because the politicians up here have become more left-leaning. I have experienced a significant disconnect between the public in Maine and the politicians on the issue of gay rights,” Heath said.
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