Biden, Harris and the arc of same-sex marriage
What a remarkable display of what happens when people push to make this nation live up to its ideals — especially when the president and vice president are part of the pushing.
Before a big crowd literally chilling on the South Lawn of the White House, President Joe Biden signed the Respect for Marriage Act into law on Tuesday. The marriages of same-sex and interracial couples are now recognized and protected by the federal government. The law requires states to do the same.
Afterward, Biden handed his pen to Vice President Kamala Harris. For me, that one moment encapsulated the incredible history of this nation’s evolution in support of marriage rights.
Think about it: When the Defense of Marriage Act passed in 1996 — defining marriage as between one man and one woman and banning same-sex couples from enjoying this basic family-forming right — support for gay marriage was just 27 percent nationwide. Then-Sen. Joe Biden, D-Del., was one of 85 “yes” votes in the Senate for the discriminatory law.
Eight years later, when then-San Francisco Mayor Gavin Newsom proactively issued marriage licenses to same-sex couples, Kamala Harris, as San Francisco district attorney, was among the city officials performing some of the nation’s first same-sex marriages inside that city’s majestic city hall.
Then a political earthquake happened in 2012. As the nation waited for then-President Barack Obama to state his position on same-sex marriage, his vice president — yes, Joseph R. Biden — decided the time for waiting was over. Biden announced his support on “Meet the Press,” and three days later, Obama followed suit.
And here came Harris again: the following year, as the attorney general of California, Harris refused to defend Proposition 8, the state’s voter-approved ban on same-sex marriage, against constitutional challenge. Undefended by state authorities, the measure was declared unconstitutional by the Supreme Court in Hollingsworth v. Perry. Days later, Harris officiated at the wedding of Kristin Perry and Sandra Stier.
This march toward marriage equality culminated in 2015 when the Supreme Court ruled that samesex couples have a constitutional right to marry. On that historic day — June 26, 2015 — we were never better as a nation. Fast-forward to this year, when Justice Clarence Thomas wrote in his concurring opinion to strike down abortion rights that the right to marry should be reconsidered, too.
The new law, passed with lightning speed (for Washington), is Congress’s reply to Thomas. The Respect for Marriage Act safeguards more than 700,000 married same-sex households and reflects the progress of a nation where now 71 percent of citizens support same-sex marriage. Thus, the joyous celebration at the White House signing ceremony.
The journey to the South Lawn was a long one. It was paved with heartache and determination by myriad organizers and individuals who never stopped demanding their nation recognize them and protect them. They demanded dignity for their families and their loved ones. And with the stroke of his pen, the president of the United States gave it to them. As an out gay Black man in an interracial marriage, I am happy the law is on the books, despite its limitations.
Watching the ceremony moved me to no end. What a remarkable display of what happens when people push to make this nation live up to its ideals — especially when the president and vice president are part of the pushing. Seeing Biden hand his pen to Harris was a beautiful way to close this particular loop in the bigger fight for the rights of LGBTQ Americans.