Washington: Referendum 74 Final Language Set

You may recall that previously I commented about the draft language of Washington's Referendum 74, a ballot measure which seeks to overturn that state's recently enacted marriage equality law. The heterosexual supremacist Republican Attorney General Rob McKenna (who just happens to be running for Governor) had issued language which included the homophobic concept of "redefine marriage."

Happily, that original draft language was challenged and today new language was released which is more neutral:

Ballot TitleThe legislature passed Engrossed Substitute Senate Bill 6239 concerning marriage for same-sex couples, modified domestic-partnership law, and religious freedom, and voters have filed a sufficient referendum petition on this bill. [10 words]
This bill would allow same-sex couples to marry, preserve domestic partnerships only for seniors, and preserve the right of clergy or religious organizations to refuse to perform, recognize, or accommodate any marriage ceremony. [30 words]
Ballot Measure SummaryThis bill allows same-sex couples to marry, applies marriage laws without regard to gender, and specifies that laws using gender-specific terms like husband and wife include same-sex spouses. After 2014, existing domestic partnerships are converted to marriages, except for seniors. It preserves the right of clergy or religious organizations to refuse to perform or recognize any marriage or accommodate wedding ceremonies. The bill does not affect licensing of religious organizations providing adoption, foster-care, or child-placement. [75 words]

This referendum will be one of four ballot measures involving marriage equality in November 2012. In Maine, Washington and Maryland if the voters vote YES (or APPROVE) they will be legalizing marriage equality. If they vote No they will be returning to the status quo (which is no marriage equality in those states, but comprehensive domestic partnerships in Washington). In Minnesota if the voters vote YES they will insert a ban on marriage equality in the state constitution while if they vote NO same-sex marriage will continue to be banned by statute.

Maryland House Passes Marriage Equality 71-67!

Maryland Governor Martin O'Malley (D)

On the same day (within hours actually) that Republican Governor Chris Christie joined the wrong side of history by vetoing marriage equality legislation passed by the New Jersey legislature the day before, Democratic Governor Martin O'Malley showed the potency of his political capital with the 71-67 passage of a marriage equality bill in the Maryland House of Delegates.

Just one year ago, the Maryland House of Delegates had failed to even vote on a marriage equality bill after it passed the Maryland State Senate. During that vote, it revealed a lack of political will, even among allegedly progressive politicians like Sam Arora who had campaigned on their support for marriage equality then changed their minds when the vote became a reality.

The news today that Republican politicians like the karmically challenged Ken Mehlman and even the odious Dick Cheney were lobbying legislators in favor of the marriage equality legislation while Sam Arora was refusing to take a public stand roiled the LGBT blogosphere.

Governor O'Malley released a statement:

“Today, the House of Delegates voted for human dignity. Speaker Busch and his fellow Delegates deserve a lot of credit for their hard work. At its heart, their vote was a vote for Maryland’s children….Now, as the Senate prepares to vote, all of us are needed – and we’re prepared to redouble our efforts. The common thread running through our efforts together in Maryland is the thread of human dignity; the dignity of work, the dignity of faith, the dignity of family, the dignity of every individual. Love is an unalienable right.”

As for Arora? He voted no (again). There are numerous people, yours truly included, who have a decided interest in making sure that his vote today against equality for all (after being personally lobbied by phone to vote yes by Bill Clinton, Governor O'Malley and Terry Mcauliffe) was a career-ending decision.

The bill is expected to pass the State Senate fairly quickly and be enthusiastically signed into law by Governor O'Malley, who becomes another 2016 Democratic presidential contender and sitting Governor who fought for marriage equality in his state (following in the footsteps of New York governor Andrew Cuomo and Washington governor Chris Gregoire). Only New York will definitely have marriage in 2013, because there is no practical process by which the state's marriage equality law can be challenged by referendum.

It also means that the 2012 elections will have three affirmative marriage equality ballot fights (if we win then same-sex couples can get married) in Maryland, Washington and Maine and two defensive marriage equality ballot fights (if we lose then marriage equality is banned at the state constitutional level) in North Carolina and Minnesota. Interestingly, all 5 states are considered "blue" (Democratic) states likely to cast their votes for President Barack Obama.

A serious question will need to be asked: do you spend more money on defense (North Carolina and Minnesota) or on offense (Washington, Maryland and Maine)? Plus there's the possible election of Tammy Baldwin as the first openly LGBT member of the United States Senate from Wisconsin.

It's definitely going to be an interesting election year!

NJ Assembly Passes Marriage Equality Bill 42-33!

The New Jersey State Assembly passed a marriage equality bill by a vote of 42-33, becoming the seventh state legislature in history to pass a marriage equality bill. (The bill passed the State Senate 24-16.) Previously, state legislatures in California (2005 and 2007), Vermont (2009), Connecticut (2009), Maine (2009), New Hampshire (2009), New York (2011) and Washington (2012) had passed marriage equality bills through both houses. Of these states which enacted marriage equality legislatively, only Vermont, New Hampshire, Connecticut and New York currently have marriage equality currently legal in their state. It should also be noted that the District of Columbia enacted marriage equality through its legislature in December 2009. California has an estimated 18,000 same-sex couples which are legally married but no more can get married until the Perry v Brown federal lawsuit is finally resolved. Massachusetts and Iowa also allow marriage equality, thanks to rulings by their respective state supreme courts.

In New Jersey, marriage equality will not go into effect because Republican Governor Chris Christie has announced his attention to veto the bill.

Garden State Equality sent out a press release on this historic achievement:

Since Stonewall, we have been on a 40-year journey toward our freedom.  Today, the legislature has brought us to the edge of the promised land.  We know the Governor won’t let us enter, but we finally behold the view of our dreams and we will never turn back.

Today’s milestone came in the face of some of the toughest obstacles in the history of the marriage equality movement.  Instead of a Governor twisting arms on our behalf, we have a Governor who twisted arms against us right up until the final votes in each chamber.    And Garden State Equality’s budget was one-tenth of what it was two years ago.

But we had the people and the passion – and the greatest leaders in Senate President Steve Sweeney, Assembly Speaker Sheila Oliver, Senate Majority Leader Loretta Weinberg, Assembly Majority Leader Lou Greenwald, Assembly Speaker Pro Tempore Jerry Green, Democratic Party Chair Assemblyman John Wisniewski, and the peerless pioneer in the New Jersey legislature, Assemblyman Reed Gusciora.   We thank the unsung heroes of the legislative process – the legislative staff, especially the Assembly Majority and Senate Majority staff.

We are exuberant advocates but also methodical strategists.  To win an override, we will take the time we need, assisted by a changing world.  Look how the world changed since the last vote two years ago.   We have until the end of the legislative session, January 2014.  The key is winning.

We could not have achieved this milestone without our partner organizations.  Freedom to Marry was the national linchpin that never stopped believing in Garden State Equality, not even after our profound disappointment two years ago, and made this milestone possible.

The Human Rights Campaign lent us a spectacular field director and was invaluable and gracious at every juncture.  The ACLU, The Task Force and Marriage Equality NY/USA gave us additional power.   Our sisters and brothers in labor, especially the Communications Workers of America, have been relentless fighters by our side.   Our state’s progressive blog, Blue Jersey, has been an unsurpassed voice for justice.

And once again, we thank our spectacular lobbying firm, the Kaufman Zita Group, including Jeannine LaRue, Tom Wilson, Adam Kaufman and Trish Zita.  They are second to none.

Pursuing all roads to justice, Garden State Equality and seven-same sex couples will continue our lawsuit for marriage equality, where we are represented by Lambda Legal and the nationally renowned Gibbons law firm.  With this victory, the courts will see the legislature’s clear intent to replace the state’s failed civil union law with marriage equality.

Congratulations to the Garden State!

WA Legislature Passes Marriage Equality Bill!

Wow! Another day of great news in the ongoing kulturkampf about marriage equality. 15 years after the Washington State legislature enacted a defense of marriage act over the veto of Democratic governor Gary Locke, the same body has passed a marriage equality legislature bill and sent it to Democratic governor Christine Gregoire for her enthusiastic signature.

Last week the State Senate passed the marriage equality bill SB 6239 by a bipartisan vote of 28-21. Earlier today, the State House of Representatives passed the bill by another bipartisan vote of 55 to 43.

The Advocate reports:

A spokeswoman for Gov. Christine Gregoire said Wednesday afternoon that she expects to sign the bill early next week, making Washington the seventh state plus the District of Columbia to legalize same-sex marriage. 

A round of amendments from Republicans looking to stop the bill all failed. One of the failed amendments had tried to require a referendum before same-sex marriage could be approved.  

Sen. Ed Murray, the gay man who has led much of the push for same-sex marriage in the state, said he and others are already gearing up for an expected referendum in November spurred by a petition drive. He told TVW that first a "decline to sign" drive would try to keep a repeal measure off the ballot.

Interestingly, as a result of yesterday's decision in Perry v Brown, the only chance that heterosexual supremacists may have to stop Washington from becoming the 7th state to allow same-sex couples to legally marry is through the referendum process. If they allow the marriage equality law to go into effect on June 7th and use an initiative to repeal it they will be repeating the state of facts which occurred in California in 2008 and that the 9th U.S. Circuit Court of Appeals yesterday ruled are legally impermissible in the 9th circuit (which includes Washington state).A referendum puts the law on hold until the voters decide whether they want to approve it or not. In November 2009, Maine voters rejected a similar marriage equality referendum by rejecting Question 1.

Regardless, Washington state voters have previously affirmed a same-sex relationship law by referendum in November 2009 (Referendum 71 in a non-presidential year) and will almost certainly do so again in 2012 where the President and a U.S. Senator is on the ballot. Bizarrely, it is somewhat likely that both Maine and Washington will have simultaneous ballot fights going on again in November 2012.

Congratulations to Washington!

MAP: State(s) of Same-sex Marriage, circa 2012

Hat/tip to Andrew Sullivan

MAINE: Back To The Ballot For Marriage Equality

As expected, Equality Maine announced today that they have decided to place a measure on the November 2012 ballot which would enact marriage equality. This is a big deal, because in 2009 after an expensive Proposition 8-inspired campaign in which both sides spent over $9 million combined, Maine voters rejected a marriage equality measure enacted by the state legislature by voting down Question 1 53% to 47%.

From the press release:

Augusta – Today, advocates for allowing same-sex couples to legally marry in Maine announced plans for a Citizens Initiative to enact a marriage equality law, delivering more than 105,000 signatures from Maine voters who want the issue on the November 2012 ballot to the Secretary of State’s office.

The announcement follows two years of outreach and conversations with Mainers about the freedom to marry, statewide polling showing steadily increasing support for allowing same-sex couples to marry – which now stands at 54 percent – and intensive field organizing in preparation for the campaign.

“The number of signatures we gathered and the thoughtful conversations we’ve been having with voters tell us that Mainers are eager to speak on this question again,” said Betsy Smith, executive director of EqualityMaine. “Our polling shows a 54% majority of support for same-sex marriage in Maine. Many Mainers have changed their minds and want a chance to bring equality and fairness to our state.”

So Maine is one of the states where advocates for marriage equality will be playing offense in the fight to end the exclusion of same-sex couples from civil marriage. Others are Maryland, Washington and New Jersey.

There will be anti-equality efforts in North Carolina and Minnesota.

EQME Says They Have Signatures For 2012 Marriage Initiative

Game on! Equality Maine has announced that they have gathered twice as many signatures as needed to put an initiative on the November 2012 which would legalize marriage equality.

The specific ballot question language is:

Do you favor a law allowing marriage licenses for same-sex couples that protects religious freedom by ensuring no religion or clergy be required to perform such a marriage in violation of their religious beliefs?

The Portland Press-Herald reports:

Betsy Smith of EqualityMaine says 396 volunteers collected more than 36,000 signatures on Election Day, bringing the total number to 100,000. That's more than enough petitions to get gay marriage onto the statewide ballot if the group chooses to do so. Smith says the group will make its decision on a referendum in January. 

Maine is currently the only state in New England that doesn't allow either gay marriage or civil unions. Maine lawmakers approved a gay marriage law, but it was overturned by a statewide referendum in 2009.

Recent polls in Maine have shown support for marriage equality at 53%. Hopefully Maine goes forward with a pro-marriage equality measure in 2012, which will at least counter-balance the anti-marriage equality measures in Minnesota and North Carolina.

Maine "Why Marriage Matters" Video

POLL: Support for Marriage Equality in Maine

Well, well! Despite being rejected at the polls on election day 2009 when Maine's Question 1 (voiding that state's recently passed marriage equality law) was approved by voters 53% to 47%, marriage equality is now enjoying majority support in the state as the 2012 federal elections approach, and Equality Maine considers going back to the ballot with a marriage equality measure.

A new poll from PPP shows that 51% of Maine respondents think that same-sex marriage should be legal, but before one gets too confident, I would point out that this is within the margin of error of ±3.8 percentage points of this poll (673 voters contacted between 10/28-10/31/2011).So, it is true that more Maine voters support marriage equality than oppose it, but the poll does not indicate majority support for marriage equality in Maine yet. Hopefully, that will be the case one year from now, on election day 2012!

Hat/tip to Joe.My.God

WA: New Poll Shows Support For Marriage Equality

LGBT Think Progress reports about a new poll in Washington state which demonstrates that marriage equality supporters may have more terrain to play offense on next year. 

Of voters surveyed, 55 percent indicated they would uphold a Legislature-approved same-sex marriage law if it were challenged by referendum. The poll found 38 percent would oppose the law and 7 percent were undecided.

However, additional questions in the poll found that 44 percent of voters surveyed said gays and lesbians should have the same legal right as straight couples to marry; and 22 percent said they should have the same legal rights as married couples, but it should not be called marriage.

Seventeen percent said there should be no legal recognition of gay and lesbian couples. The wide-ranging poll touched on several other issues, including the state budget shortfall.

The Washington Poll surveyed 938 registered voters statewide from Oct. 10-30. It has a plus or minus 3.2 percentage points margin of error.

There are anti-gay marriage ballot measures qualified for the 2012 election in Minnesota and North Carolina.

There are likely to be pro-gay marriages ballot measures in Maine, Maryland, Washington and possibly Oregon.

I predict that there will be more Americans living under marriage equality laws at he end of 2012 than at the end of 2011.