Election night four years ago was one bittersweet affair for lesbian,
gay, bisexual and transgender (LGBT) Americans. They swooned over the
history-making election of then-Sen. Barack Obama (D-Ill.) as the
nation’s first black president. But they despaired over California’s
approval of a constitutional ban of same-sex marriage, coming in a state
Obama won handily.
But election night 2012 was different. Last night was a night of firsts.
President Obama was the first sitting president to come out in favor
of marriage equality, and it didn’t cost him at the polls. For the first
time ever, a ballot measure against same-sex marriage (in Minnesota)
was defeated. And for the first time ever, voters said yes to
marriage-equality measures in Maine, Maryland and Washington state. The
rights of a minority should never be put to a popular vote. Yet when the
results favor equality, you can’t help but breathe a sigh of relief.
Since the 1990s, voters in 30 states have denied same-sex couples the
right to marry and to enjoy the dignity and security that goes with it.
What happened last night ended a shameful streak that condoned
discrimination. It also marked what many advocates believe is a tipping
point.
“It is clear that marriage-equality opponents are fighting a losing
battle and our movement for full equality is at a tipping point,” said
Sharon Lettman-Hicks, the executive director of the National Black
Justice Coalition. “More and more Americans are realizing that LGBT
people deserve the same protections to care for the people they love.”
Brian Ellner, who ran the New York marriage effort and co-founded The Four 2012 ,
agrees. “[B]y winning for the first time on marriage at the ballot box,
we made clear what national polls already show — that Americans support
fairness and equality for all families,” he said. “Questions on civil
rights should not be up for popular vote, but because they were, we
mobilized. Because of it, as the Supreme Court considers marriage
equality this term, the Justices now know America is with us. America is
ready.”
Later this month, the Supreme Court will decide whether
to take up any or all of the marriage-equality cases seeking its
review. Some don’t think it is right for the courts to impose its will
on the people. When it comes to equal protection under the law and
guaranteeing basic civil rights, I’m all for it. That’s why yesterday’s
four-state sweep — the culmination of nearly two decades of incremental
advancement — is so important as the high court considers a review.
When I asked Freedom to Marry founder Evan Wolfson last night how last night’s results might impact the Supreme Court, he put the drama of this moment into perspective.
Winning the freedom to marry at the ballot takes away the
opposition’s last talking point, that the people do not support the
freedom to marry, and shows the irrefutable momentum in favor of ending
marriage discrimination. We’ve won in courts, in legislatures, in the
heartland as well as the coasts, and with Republicans as well as
Democrats — and built a nationwide majority for marriage. When the
justices consider a marriage case, they can rule in favor of the freedom
to marry knowing that they will not only be on the right side of
history, but well within the center of gravity of the American people.
The people of Maine, Maryland, Minnesota and Washington state have spoken. I hope the justices are listening.