17
pve ry w Q m an ' s ¡¿eal t h
individual 18 years of
two men in Massachu
age and over in which
setts who, despite the
both parties intend a
fact that they are
lifelong commitment;
legally married in that
is financially inter
state, are forced to
dependent with that
spend more than half
other individual; is not
of their year apart
married or in a perma
because one of them is
nent partnership with
not an American citi
anyone other than that
zen. No person should
individual; is unahle to
have
to
choose
contract with that
between their country
other individual a mar
and the person they
riage
recognizable U.S. Rep. Jerrold Nadler (left), D-N.Y., introduces the Uniting American Families Act with Steve
love. Yet every year
under [the Immigration Boullianne (middle) and Olivier De Wulf and their adopted sons, Reece and Laurent, along with
thousands of lesbian
and
Naturalization Adam Francoeur (right) of Immigration Equality.
and gay couples are
Act]; and is not a first-,
forced to separate, give
second- or third-degree blood relation of that
Adam Francoeur, program coordinator with
up their homes, their lives, their community or
other individual.”
Immigration Equality, shared the story of Sandra
live in constant fear of deportation.”
“It is not a marriage bill; it is not intended to
and Veronika. Veronika was expelled when her
Based on the 2002 census, Immigration
be a marriage bill,” Nadler said in explaining
visa expired, and she returned to Hungary with
Equality estimates the bill might affect 36,000
how it avoids becoming caught up with the
their two children, who are having problems
couples. However, there are reasons to believe
Defense of Marriage Act. Some opponents have
adapting to a new language. Sandra is in the
the census undercounted same-sex couples.
called it a backdoor approach to gay marriage.
process of selling their belongings to join
Nadler acknowledges the bill is unlikely to
But Nadler says that is a red herring; he believes
the family. He said such stories “are all too
receive a hearing or a vote in this session of
most of the opposition is rooted in anti-gay
common.”
Congress. “I’m trying to get as many co
animus.
“U.S. immigration policy is based on the prin
sponsors, to raise the consciousness as much as
“More than 15 other nations have recog
ciple of family unification; indeed, nearly 65 per
possible so that either one can put unbearable
nized permanent partnerships for the purposes of cent of all green card applications are family
pressure on the Republicans, or we can have a
immigration, and it is time that the United
based. Sadly, we know that lesbian and gay cou
Democratic House, whatever comes first.”
States do so as well,” Nadler added. “A diverse
ples are treated as less than equal,” Francoeur said.
There are 53 co-sponsors on the bill, and
coalition of advocacy groups, religious organiza
Christopher Labonte, legislative director of Nadler is confident that they will surpass the 129
tions and companies support this legislation.”
the Human Rights Campaign, said: “We hear of co-sponsors of the last session of Congress. JF1
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M arriage R oundup
Massachusetts governor flip-flops on civil unions;
setbacks in New Jersey and California
by Bob Roehr
nti-gay foes have launched yet
him explain how he was for civil unions before
another effort to roll back mar
he was against them.”
riage for gays and lesbians in
Marty Rouse is campaign director for Mass-
Massachusetts, this time with a
Equality, the group that has led the political
constitutional amendment that
fight for gay marriage within thé state. He
would define marriage as only between
a man
charged,
“Romney is burnishing his right-wing
and a woman. It has the support of credentials
Republican and using gay and lesbian couples in
Gov. Mitt Romney.
Massachusetts to help him with his possible nin
The Massachusetts Legislature passed a state
for president.” Romney has made numerous
constitutional amendment that would limit
high-profile appearances in states with key
marriage to between a man and a woman while
Republican primaries.
establishing civil unions for same-sex couples. It
Joe Solmonese, president of the Human
barely passed last year and is scheduled to taken
Rights Campaign, called it “cynical politics mas
up for a required second vote in the fall, where
querading as a public policy debate. The people
passage is uncertain. If it passes, it would go to
of Massachusetts don’t want this amendment,
the voters in November 2006.
but Gov. Romney and his extremist backers do."
The Coalition for Marriage and Family says
He also tied it to Romney’s aspirations for the
the amendment goes too far. Its amendment,
Republican presidential nomination.
unveiled June*16, would ban civil unions as
Jennifer Chrisler, executive director of the
Family Pride Coalition and the mother of twins,
well. The group must gather 65,825 valid signa
tures on a petition between Sept. 21 and
chided Romney for using the “old trick” of
Nov. 23, then obtain the support of at least a
claiming to be protecting children. She invited
quarter of the Legislature in order to get it on
him to see how gay families really work by
attending the coalition’s 10th annual Family
the ballot in 2008.
This amendment effort is being led by close
Week from July 30 to Aug. 6 in Provincetown.
allies of James Dobson and Focus on the Family.
N ew J ersey
It has the support of the states four Roman
Many advocates had hoped that New Jersey
Catholic bishops and a number of legislators.
would become the second state to find that
Romney immediately endorsed the effort,
denying gays and lesbians the right to marry was
saying the compromise amendment that the
not allowed under that state’s constitution.
constitutional convention adopted “is some
Their hopes were dashed by the 2-1 decision of
what confused or muddied.” He reiterated his
an appellate court June 14.
support for traditional marriage, linking it to
The majority opinion effectively dismissed
“ensuring the well-being of children.”
the equal protection claims raised by Lambda
Romney supported the compromise amend
Legal; it relied primarily upon the lower court
ment when it was before the constitutional con
decision. It affirmed that marriage traditionally
vention last year. The Boston Herald criticized
has been between a man and a woman and that
him for flip-flopping on the issue, writing in a
New Jersey’s recently enacted domestic partners
June 18 editorial, “It will be amusing to hear
A
The clinics of
law offers some of the benefits plaintiffs were
seeking.
The majority also asserted that furthering
procreation was a valid reason for the state to
limit marriage to a man and a woman. The
state’s attorney specifically rejected that line of
argument in defending the status quo during
oral arguments.
Because the appellate court was divided, the
New Jersey Supreme Court cannot duck the
issue but must consider an appeal.
“We are disappointed but not discouraged.
We’ve always known that this case is headed for
the New Jersey Supreme Cxxiit, and now we’re
that much closer to the final word,” said David
Buckel, director of the Marriage Project at Lamb
da Legal. It will file an appeal as quickly as possible.
C alifornia
A ruling in favor of the Defense of Marriage
Act has most gay advocates breathing a sigh of
relief, at least for now.
Sitting in Orange County, outside Los Ange
les, federal Judge Gray Taylor found that the U.S.
Constitution did not guarantee a right to same-
sex marriage and that the purpose of DOMA—
to foster “the optimal union for procreating and
rearing children by both biological parents”—
was a legitimate goal for the legislation.
The National Center for Lesbian Rights had
filed a petition asking that the court not rule on
the issue under the California Constitution, as
that is a matter of ongoing litigation and appeal
elsewhere within the state’s judicial system. Tay
lor agreed.
Advocates fear that should a federal court
prematurely strike down DOMA, it will increase
pressure on Congress to pass a federal constitu
tional amendment limiting marriage to oppo
site-sex couples. The current legal situation
allows some wiggle room for states to experi
ment with gay marriage as allowed under state
constitutions and legislation.
Plaintiffs have said they will appeal the rul
ing to the Ninth Circuit Court of Appeals. Two
other courts, in Washington and Florida, have
ruled on DOMA and have found it legitimate.
Those cases have not been appealed.
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