With every progressive victory comes a right-wing attempt to roll it back. This November, bigots hope to eviscerate hard-won same-sex marriage rights in California through the now-infamous Proposition 8. If passed, the measure will change the California state constitution to define marriage as a union between one man and one woman.
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On Oct. 10, Connecticut became the third state to legalize same-sex marriage. The decision was the first in which courts ruled that civil unions were inadequate to protect the rights of LGBT people. The Iowa Supreme Court will consider similar arguments in December.
In 1996, the U.S. House of Representatives and the Senate passed the Defense of Marriage Act. The law prohibited the federal government from recognizing any marriage outside of one man and one woman. Twenty-six states have adopted similar measures into their state constitutions to deny equality to LGBT people and to prevent one state from recognizing a same-sex union from another state where it may be legal.
This law directly violated the full faith and credit clause, and the equal protections act of the 14th Amendment. The DOMA legislation was fast-tracked through the Senate by a vote of 85-14, and through Congress by a vote of 342-67. Once passed, it was immediately signed by then-President Bill Clinton. The bipartisan effort to codify inequality into the law revealed that little disagreement existed between Republicans and Democrats on the issue of LGBT rights.
The debate and fight for marriage equality heated up again in 2004, when the Massachusetts Supreme Court ruled that denying marriage rights to same-sex couples was unconstitutional and that Massachusetts needed to offer full marriage equality irrespective of gender.
There were multiple legal challenges to the Massachusetts decision. Prominent Democratic and Republican state legislators unsuccessfully tried to overturn the ruling with a state constitutional amendment. This paved the road for the first legally recognized same-sex marriages in the United States.
Several states have adopted domestic partnership laws, and a few states including Vermont, Hawaii and Connecticut adopted Civil Union statutes. These measures are progressive, yet they are but small steps in the battle for full marriage rights for the LGBT community.
In a reactionary response to the landmark Massachusetts ruling, President Bush proposed a constitutional amendment that would define marriage as a union between one man and one woman. The measure had limited support from the U.S. population and faced an uphill battle in the House and Senate. The eventual defeat of the amendment reflected a shift in public opinion. The vast majority of U.S. citizens now embrace the idea of equality and justice for LGBT people.
Grassroots struggles lay foundation for progressive gains
The recent advances in the legal arena have only been possible thanks to the achievements of the past. The foundation for these gains was laid by struggle. Since the 1969 Stonewall Rebellion, countless LGBT activists and supporters have marched, sat-in and challenged the status quo that marginalized and criminalized same-sex love.
Such struggle always encounters reactionary resistance. In the wake of the California Supreme Court ruling, a right-wing fundamentalist organization called Protect Marriage was quickly formed and brought suit against the California Supreme Court. Within days of the ruling, the group obtained enough signatures to place Proposition 8 on the November ballot.
Same-sex marriage advocates filed suit against the proposition. They argued that Proposition 8 would be a revision to the constitution rather than an amendment. They sought to remove the proposition from the ballot and return the matter to the legislative arena. The judges refused to decide on this issue, leaving the door open for further legal maneuvering.
The actual language of Proposition 8 has been a huge source of contention for both the opponents and the proponents of the bill. The initial language stated that if California granted marriage equality to LGBT people, teachers would be forced to talk in a positive light about same-sex marriage in elementary school. It also stated that children would be subjected to sex education at an elementary level that included descriptions of same-sex acts.
In reality, recognition of same-sex marriage rights in no way affects sex education or how it is taught in schools. The fear tactic was used to incite opposition to marriage equality and obscure the real issue—equality. The language was struck down in the legal challenge.
Fabricated divisions blur class lines
In their attempts to whip up anti-gay fervor, reactionary forces have often created outlandish fantasies regarding LGBT people. From religious rhetoric to frequent insinuations that gay men and lesbians are sexual predators, the right wing has been shamelessly dishonest in its attempts to further a deeply bigoted agenda. Such rhetoric is reminiscent of the hateful arguments used time and time again against other oppressed peoples.
It has long been the policy of the ruling class to divide the working class, pitting workers against each other to prevent them from focusing on the common issues that affect them as workers. The religious arguments of the right wing are yet another tactic used to win working-class people to bigotry that serves the interests of the ruling class rather than the workers’ own.
The Party for Socialism and Liberation stands in uncompromising solidarity with the LGBT community and against Proposition 8. The PSL’s La Riva/Puryear presidential campaign and the PSL’s local candidates running in elections throughout the country take an uncompromising stand against bigotry. The struggle for same-sex marriage is part of the ongoing struggle to win democratic rights for oppressed people under capitalism. Fundamentally, it is an issue of equality.
Vote no on Proposition 8! Full equality for LGBT people!
