USA TODAY International Edition

Gay marriage activists rally

Recent string of victories spurs big push

- Marisol Bello @ MarisolBel­lo USA TODAY

The Supreme Court ruling that struck down parts of the Defense of Marriage Act in June opened the door to an explosion of activity by gay marriage proponents.

Today, same- sex marriage is legal in Hawaii after Gov. Neil Abercrombi­e signed a bill Wednesday. In Illinois, Gov. Pat Quinn will sign a similar bill Nov. 20.

That makes 16 states, plus the District of Columbia, where two men or two women may legally wed.

Activists are pushing for more, waging a campaign in legislatur­es, filing lawsuits and encouragin­g public officials to defy state bans.

Since June, couples have filed 23 lawsuits to end bans in 21 states; governors and state attorneys general in at least three states have refused to defend their state bans in court; and county clerks in four states have issued marriage licenses to gay couples despite laws against it.

Opponents see the efforts as “lawless” attempts to circumvent the will of the majority, including in places that have voted for gay marriage bans.

The Supreme Court ruling invalidate­d a section of the 17- year- old Defense of Marriage Act that denied federal benefits, such as Social Security survivors benefits and joint tax filing, to married gay men and lesbians in states that allow gay marriage. That measure, the court declared, existed primarily “to demean those persons who are in a lawful same- sex marriage.” The landmark decision emboldened activists to argue that if the federal government can’t discrimina­te against married gay people, neither can the states.

SURPRISING­LY SWIFT CHANGE

The flurry of activity has given Patrick Bova and James Darby of Chicago hope that they might see what was once unimaginab­le in their 50 years as a couple: legal gay marriage in all 50 states.

Bova, 75, and Darby, 81, grew up in a time when gays and lesbians led closeted lives in fear of discrimina­tion or violence. They marvel at the shifting attitudes.

“The notion that you can get married, and even adopt children, was so foreign to us,” Bova says. “It never occurred to me that it was possible to do, and now it is.”

The number of Americans who favor same- sex marriage has been creeping up. In the mid- 1990s, opinion polls showed, at most a quarter of people supported gay marriage,

says Michael Klarman, a Harvard law professor who wrote From the Closet to the Altar: Courts, Backlash, and the Struggle for Same- Sex Marriage.

Fast- forward more than 15 years to a September poll by Bloomberg, which found that 55% of Americans support allowing gay and lesbian couples to marry.

“This is demonstrab­ly inevitable,” Klarman says.

Gay marriage opponents are not convinced.

Thirty- four states ban same- sex marriage, most through constituti­onal amendments, notes Peter Breen, senior counsel at the Thomas More Society, a Chicago law firm that advo- cates for traditiona­l marriage.

In Illinois, the state’s ban was overturned when the Legislatur­e approved gay marriage, but Breen says the almost year- long legislativ­e struggle demonstrat­es that legalizing gay marriage is not a slam dunk.

MOVEMENT IS ‘ LAWLESS’

He says gay rights advocates are using the courts and county clerks to make an end run around voters who approved the bans.

“It’s lawless,” says John Eastman, chairman of the National Organizati­on for Marriage. “The clerks in states like Pennsylvan­ia and New Mexico are issuing licenses without the legal authority to do it. The advocates know that they lose if they put this to the vote of the people.”

The fight for gay marriage is reminiscen­t of the black civil rights movement of the 1950s and ’ 60s because advocates are waging it on several tracks, says Jose Gabilondo, a law professor at Florida Internatio­nal University.

Advocates then fought in the courts and through acts of civil disobedien­ce such as lunch- counter sit- ins.

New Mexico, the only state that doesn’t explicitly allow or ban gay marriage, entered the fray when Dona Ana County Clerk Lynn Ellins, a Democrat who supports gay marriage, began issuing marriage licenses to same- sex couples in August. Since then, seven other county clerks have issued licenses to more than 1,000 couples.

In a suit brought by six same- sex couples who were denied licenses, the state Supreme Court is considerin­g whether they can legally be denied to gay couples. The court is also deciding whether the licenses already issued are valid.

Therese Councilor, 52, and Tanya Struble, 47, who live an hour north of Albuquerqu­e in Jemez Springs, had been denied a marriage license, but over the summer, they were among the first to receive one and get married.

They say they would not consider a civil union or domestic partnershi­p because it relegates them to secondclas­s status. Unlike marriage, a civil union or domestic partnershi­p grants couples different rights in different states.

“Nobody when they are kids dreams about walking down the aisle and getting civil unionized,” Councilor says. “Why can’t we be in the same category? It’s separate and not equal.”

 ?? STEVEN ST. JOHN, USA TODAY ?? Tanya Struble, 47, looks at Therese Councilor, 52, during their wedding. The Jemez Springs, N. M., couple, who have been together for 23 years, were married on Oct. 19.
STEVEN ST. JOHN, USA TODAY Tanya Struble, 47, looks at Therese Councilor, 52, during their wedding. The Jemez Springs, N. M., couple, who have been together for 23 years, were married on Oct. 19.

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