New England on the Forefront of Gay Marriage
States in the Northeast U.S. Hold Progressive Views on LGBT Equality
© Kat Long
Mar 29, 2009
For the lesbian, gay, bisexual and transgender community, New England is becoming the hotspot for civil rights. Four out of five New England states--Massachusetts, Connecticut, New Hampshire, and Vermont--already provide legal marriage or civil unions for same-sex couples. The fifth, Rhode Island, and Maine are weighing the legalization of same-sex marriage. Of the other northeastern states, New Jersey offers civil unions and New York is hashing out legislation that would guarantee greater equality for LGBT people under state law.
The Vanguard of Gay Marriage
Massachusetts was the first state to pass marriage equality legislation in 2004, a historic victory for gays and lesbians. The Massachusetts Supreme Court ruled that it was unconstitutional to deny same-sex couples the same rights as heterosexual couples under the equal protection statute (meaning that all laws must be applied to citizens equally); similar arguments in other states, notably California, have also been used.
In November 2008, the high court in Connecticut ruled that denying marriage licenses to same-sex couples was unconstitutional. The state had offered civil unions to gay couples since 2005, which offered some of the state benefits available to heterosexual married couples but none of the federal rights given to them.
Civil Unions: Separate and Unequal to Traditional Marriage?
All but one of the four states that currently allow civil unions are in the northeast U.S.: Vermont, New Hampshire, and New Jersey. The fourth is California.
Vermont was the first state in the nation to grant any recognition to same-sex couples by passing its civil union law in 2000. The law gave same-sex couples the identical rights and responsibilities under state law as those given to heterosexual couples. In March 2009, the state legislature began considering a bill to legalize same-sex marriage; the bill passed the State Senate handily and is expected to pass the House as well. Republican Governor Jim Douglas, however, has said he will veto the bill if it reaches his desk.
Likewise, New Hampshire granted civil unions to gay couples in 2008 and its legislature is considering extending marriage rights to same-sex couples. A bill to that effect passed the House in late March by less than ten votes and will now be sent to the Senate. Its fate is less assured than in Vermont--even if it is passed by the Senate, Democratic Governor Jim Lynch stated he will veto it. Many legislators have insisted that such unions are sufficiently equal to marriage.
The fight for gay marriage has been long and vocal in New Jersey. In 2006, the state’s highest court ruled it unconstitutional to limit marriage to heterosexuals and the state was given 180 days to correct the law. Rather than equal marriage, New Jersey began allowing civil unions later that year.
The Next Frontier for Gay Marriage
The legislatures of both Rhode Island and Maine are in the process of bringing same-sex marriage bills to the floor, but may face opposition if the bills reach the governors’ desks. Republican Donald Carcieri of Rhode Island has stated that he will veto, while Democrat John Baldacci of Maine has opposed gay marriage in the past but hasn’t made his intentions known, according to the Boston Globe.
Finally, last November, voters in New York elected the first Democratic majority in the State Senate in more than 40 years, and Senate Majority Leader Malcolm Smith is a vocal proponent for gay marriage. But he has told LGBT groups that there may be too few votes in the legislature to pass a marriage bill this year. Fortunately, Democratic governor David Paterson has said he will sign marriage equality legislation into law.
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