A Nation Divided: States Move in Opposite Directions on Gay Rights

The nation is carving itself up over gay rights, as some states act to expand rights and others to reduce them.

Generally speaking, the coasts are working to provide gay and lesbian couples with domestic partnerships and marriage rights, while the center of the country is trying to block or repeal those rights.

Most recently, Texas and Connecticut have moved on the controversial issue, one that many say helped to decide the presidential election in 2004 and is sure to have an impact in 2006.

Blocking same-sex unions: Texas

On April 25, 2005, the Texas House of Representatives passed a measure that would allow Texas voters to change their state constitution. In November, Texans will go to the polls to decide if their most essential state document should include a ban on same-sex marriages and civil unions.

The legislation has yet to reach the state Senate, where two-thirds approval is required. If the Senate passes the bill, Texas will become the 15th state to ban same-sex marriage through its constitution.

State legislators in favor of the ban, like bill sponsor Warren Chisum (R- Pampa), define marriage as a union between one man and one woman and believe that allowing same-sex couples to wed would "threaten" the institution of marriage.

Proponents of gay rights feel that discrimination based on sexual orientation is parallel to discrimination based on race, religion, and gender.

Protecting same-sex unions: Connecticut

Just as the Texas legislature was moving to block same-sex unions, Connecticut Governor M. Jodi Rell (Republican) signed civil unions into law. On April 20, 2005, Connecticut became the second state after Vermont to sanction civil unions and the first to do so without a court mandate.

The law offers same-sex couples many of the protections of marriage, including tax benefits, family leave from work, and hospital visiting rights. However, civil unions are not recognized under federal law, so same-sex couples will not receive federal tax benefits or protections.

Civil unions stop short of marriage in another important way. Governor Rell pressured the legislature to include a clause that defines marriage as the union between one man and one woman. This language acts as a separation or barrier between heterosexual couples and same-sex couples, dividing them into two classes of committed relationships. Massachusetts is the only state in the nation that allows same-sex couples to wed.

Love Makes a Family, a prominent gay rights group in Connecticut, will continue to fight for full rights under the law, but they are celebrating the law’s passage nonetheless.

The activists’ success may have been due, in part, to their unique strategy: gay couples invited legislators and others into their homes for coffee. Advocates say that the approach allowed lawmakers to see their relationships and lives for what they are - committed partnerships filled with love, mortgages, family pictures, pets, and children.

But Connecticut was already a gay-rights trailblazer. In 1990, the state protected gays and lesbians under their hate-crimes law and in 2000, the state made it easier for same-sex couples to adopt children.

A nation divided

Americans don’t agree on gay marriage. It’s an issue that those in politics call a "wedge," since it wedges and divides the people. A wedge issue can be used for political gain, since it polarizes voters and, often, scares them into voting a certain way.

No one denies that the U.S. Senate debate on the Bush-backed Federal Marriage Amendment was timed strategically before the 2004 presidential elections in order to introduce a wedge issue that favors the Republicans. The wedge is sure to continue to divide voters in 2006 and for many elections to come.

Do you feel that state constitutions should be altered to block gay and lesbian marriages? What about the U.S. constitution? What are the consequences of denying a portion of the population equal rights under the law? How does a ban on same-sex marriage affect women’s rights, when only some women are allowed to marry? In your view is this the responsibility of government? Why or why not?

What do you think?

WomenMatter is a place to discuss life issues with other women. We don’t want to wedge women apart, but rather bring them together to dialogue. To log onto one of our online forums, click here.

WomenMatter encourages women to educate themselves on the issues and then approach their representatives with ideas.

Even though the election is over, your voice is vital. Make sure your leaders know what’s important to you. To see how your representatives vote and to contact them, click here.

WomenMatter is dedicated to empowering women to participate in the political process. To do this we have invested in the most in-depth NONPARTISAN information, because we trust each woman to make up her own mind.

• We track nine issues every week and update this website several times a week.
• We launch after school GirlsMatter Clubs in middle and high schools to grow the next generation of politically aware women through a full curriculum and startup kit on girlsmatter.com.
• We do continuous research to make sure that we are meeting the needs of women across the country of all ages, races, incomes, preferences, and religions.
• We provide partnerships with nonpartisan organizations that provide services to women and advocate for them.

We offer all our services free of charge without memberships or subscriptions. To help us maintain this work - not just in election years but as a continuing part of women’s lives - please make a tax deductible donation, click here.

Update Posted on: 5/4/2005