Equality Without Marriage .org

Massachusetts and California do not have Marriage Equality!

Marriage Equality is having ALL of the rights of marriage, including the 1138 federal marriage rights, not a legal category labeled "marriage" which is devoid of those rights. Barak Obama supports granting “civil unions and other legally-recognized unions" (including domestic partnerships and marriage) the 1138 federal rights of marriage. Presently, that includes 10 states! That would be Marriage Equality! Who cares what it is called? The vast majority of the LGBT community is more interested in their rights than the title.

Marriage-only strategy is self-destructive

The backlash to our marriage-only strategy has brought us an entirely new body of anti-gay laws: the federal Defense of Marriage Act (DOMA) and 45 states passing laws or constitutional amendments banning same-sex marriage. 17 of those laws/constitutional amendments went further by also prohibiting civil unions and domestic partnerships. However, domestic partnerships and civil unions have never been successfully reversed on a direct challenge. The difference between California's same-sex marriage and California's comprehensive domestic partnerships is moot. When will our community start putting reality before rhetoric? True Marriage Equality can only be won in Washington, DC. That is where we should be focusing our energies.

Irrational Exuberance

The California Supreme Court, with much fanfare, lifted the state ban on same-sex marriage. The Court's majority noted that this did not grant same-sex couples any additional legal rights not already granted under California's comprehensive domestic partners policy. The week before, the Michigan Supreme Court, with small notice, ruled that their state's anti-same-sex marriage amendment strips public employees of their domestic partnership benefits. Michigan is part of the backlash to Massachusetts's marriages. Presently, the main obstacle to domestic partnerships and civil unions has been the backlashes to our community's marriage-only strategy. This strategy has consistently set us back creating an entire body of new anti-gay laws. History tells us that California's "victorious" name change from domestic partnership to marriage will have a heavy price. The homophobes have already collected 150% of the needed signatures to get a constitutional amendment on the November ballot banning same-sex marriage. Even if this anti-same-sex marriage is defeated in California how many lesbians and gay men in other states will also pay the price? Citing the California Supreme Courts ruling, it only took 6 weeks for the Arizona legislature to reverse itself and place an anti-same-sex marriage constitutional amendment on their ballot. At what point does our community start learning from history rather than repeating it?

The difference between California's comprehensive domestic partnerships and California's same-sex marriage is moot. The irrational exuberance so many are feeling about "marriage" makes them feel good. But one must never forget that it is irrational.

DOMA repeal should also be the main priority. Helping Democrats replace Republicans will widen our majorities in the House and Senate who are more inclined to do so. Hillary wants to repeal sections 2 and 3 of DOMA. This seems very realistic. (She remains a powerful senator.) Obama wants to repeal all of DOMA. A much harder job. The difference in these two positions primarily rests on how large the Democratic majorities in the House and Senate will be. (As well as how well LGBT organizations lobby AFTER the election.) If Obama is successful then ALL "legally-recognized" same-sex unions, regardless of title (marriage, domestic partnership or civil union) will be granted the 1138 federal rights of marriage. This includes 10 states and the District of Columbia. That is a big step toward getting us where we need to go. Additionally, couples in states were marriage, domestic partnerships and civil unions are banned could sign up or marry in other states and obtain the federal benefits of marriage even though their own states deny them state recognition.

The real fight for marriage equality will be fought in Washington, DC., not California, Massachusetts or any other state.