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As defeats pile up, Massachusetts stays sole safe haven for same-sex marriage
Same-sex marriage foes say recent N.Y., Wash. rulings prove Mass. is out of step with rest of nation
Published Thursday, 10-Aug-2006 in issue 972
BOSTON (AP) – When Massachusetts started marrying same-sex couples in 2004, activists giddily predicted the narrow court victory would speed same-sex nuptials nationwide, with state after state jumping on the bandwagon.
Then the honeymoon ended.
More than two years later – and after recent court setbacks in New York and Washington state – Massachusetts remains the nation’s sole same-sex marriage safe haven.
The twin rulings were dispiriting blows for activists who hoped the states could provide a new bulwark for same-sex marriage. Opponents of same-sex marriage said the decisions are further proof Massachusetts is out of step with the nation.
“We would rather have won than lost, but things are not as grim as people think,” said Lee Swislow, executive director of Gay & Lesbian Advocates & Defenders. “We’ve had to remind ourselves of that.”
On July 26, the state Supreme Court in Washington voted 5-4 to uphold a state ban on same-sex marriage, overruling two lower courts. Weeks earlier, New York’s high court similarly ruled that a state law limiting marriage to between a man and a woman was constitutional.
Same-sex marriage supporters say they are hoping other pending court decisions may reverse the losing trend.
Top of the list is New Jersey, where the state’s high court is weighing a challenge to the marriage laws brought by same-sex couples, similar to the challenge in Massachusetts. Activists have high hopes for the state, which they say has a fairly liberal court and strong anti-discrimination language in the constitution.
They’re also keeping a close eye on Maryland, where same-sex couples are hoping to convince that state’s high court to lift prohibitions on same-sex marriage.
The biggest battleground may be California, which also has pending court action. California lawmakers approved same-sex marriage in 2005, only to have the bill vetoed by Gov. Arnold Schwarzenegger.
The national same-sex marriage map is a patchwork of court rulings, pending cases, state laws and voter-approved constitutional amendments – with the overwhelming majority supporting a traditional view of marriage. Voters have approved constitutional amendments banning same-sex marriage in 19 states and as many as 45 states have either amendments or laws outlawing same-sex weddings.
Only two states recognize civil unions for same-sex couples, Vermont and Connec-ticut.
The intensity of opposition to same-sex marriage has rattled some in the GLBT community.
“I couldn’t say we fully anticipated the epidemic of anti-gay discriminatory bills that would be passed, but I can’t say it was completely a surprise,” Swislow said.
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