In the wake of last week’s Supreme Court rulings on critical civil rights issues, a new poll finds increasing support for marriage equality and falling support for the high court itself.
A national Princeton Survey Research Associates poll found that 55 percent of Americans think that marriages of same-sex couples should be legally recognized – the highest level of support ever. A similar percentage (53 percent) believe that affirmative action programs are needed, and more Americans oppose the Supreme Court’s decision to strike down a key part of the Voting Rights Act (49 percent) than support it (40 percent). In other words, the American people are not on board with the Supreme Court turning back the clock on our civil rights.
So it is not surprising that Supreme Court approval ratings are falling. The Princeton poll found the lowest level of approval (43 percent) in eight years, with slightly more Americans disapproving of the way the court is doing its job (44 percent). Similarly, a Rasmussen poll released yesterday found that the percentage of likely voters who think the Supreme Court is doing a poor job is rising.
What is more surprising is that both polls show that a greater percentage of Americans still believe that the high court is “too liberal” than believe it is “too conservative.” As PFAW President Michael Keegan pointed out in May, this is no accident:
“In recent decades, right-wing leaders have worked in popular culture to attack the courts as a liberal peril while successfully organizing to dominate and control legal institutions to create courts that no longer look out for the rights of all Americans. They have set up law schools and legal societies to promote corporate and right-wing commitments, have promoted the appointment of reactionary judges and Justices, blocked the appointment of even moderate jurists, and defined a legal agenda that subordinates individual rights to government power and public regulation to corporate power. Right-wing success in remaking the judiciary in the image of the Republican Party has not led conservatives to curb their bitter attack on ‘liberal judicial activism,’ a fantasy that is several decades out of date but indispensable to this smoke-and-mirrors operation.”
While conservatives continue to crow about “liberal judicial activism,” the American people are realizing that the Supreme Court’s conservative rulings on issues like voting rights and the rights of workers and consumers do not reflect their beliefs or the nation’s core constitutional values.
Photo credit: City of Minneapolis Facebook
Thousands of Minnesotans streamed into St. Paul Tuesday afternoon to witness history in the making. Governor Mark Dayton welcomed an estimated crowd of 7,000 equality supporters to watch him sign marriage equality legislation into law, making Minnesota the twelfth state to legalize marriage for same-sex couples.
People For members helped make this historic event happen. In 2012 PFAW activists joined the fight to vote down an anti-gay ‘one-man, one-woman’ measure on the November ballot. Following that first step, they continued working hard, joining PFAW ally organizations Minnesotans United and OutFront Minnesota in organizing their neighbors, making phone calls, sending emails, and writing letters to their newspapers, demanding full marriage equality for same-sex couples.
In late April, even a massive Midwestern blizzard didn’t stop hundreds from waving rainbow flags while rallying for same-sex marriage on the steps of the Minnesota State Capitol before heading inside to lobby their legislators. Last week the big moment finally arrived, as activists from across Minnesota trekked to St. Paul to witness the historic debate of HF 1054 in the MN House. After a contentious three-hour debate, the bill passed easily on a vote of 75-59, evidence of the measure’s broad bi-partisan support.
On Monday the action moved to the Minnesota Senate chamber. Once again, PFAW members in their bright red PFAW ‘Equality Now!’ t-shirts joined thousands of marriage equality supporters at noon in the capitol as the MN Senate took up the measure. A massive crowd packing the rotunda and hallways chanted ‘Vote Yes!’ and sang protest songs, letting Senators know where they stood. By a vote of 42-45, the Senate voted down a divisive amendment that would have allowed business owners to refuse goods and services to same-sex couples based on religious objections. The hours-long but respectful debate on the intact same-sex marriage bill resulted in another bipartisan vote; the measure passing 37-30, sending the bill to Gov. Mark Dayton for his signature.
At 5:00 pm yesterday Gov. Dayton and supportive members of the Minnesota Legislature gathered in the 90-degree heat on the front steps to celebrate the historic bill signing. A deafening roar rose from the crowd as Dayton signed the bill into law. Following the ceremony, the thousands of equality revelers paraded to downtown St. Paul for a free party thrown by St. Paul Mayor Chris Coleman. The celebration lasted late into the warm spring night.
PFAW congratulates all Minnesotans and our People For members in celebrating the state’s newly-minted status as the twelfth marriage equality state!
Yesterday, as the Minnesota Senate voted 37-30 to allow same-sex marriages in the state, PFAW and friends expressed their support for marriage equality through signs, chants, and songs:
This afternoon the Minnesota House passed a bill allowing same-sex couples in Minnesota to marry. It is expected to be taken up by the Senate on Monday, and Gov. Mark Dayton has pledged to sign the legislation if it reaches him. If successful, Minnesota would be the twelfth state – and the third in one month – to pass marriage equality legislation.
“I personally want this to pass, but I also think it’s the right direction for Minnesota and where the future is headed,” said Minnesota House Speaker Paul Thissen on Tuesday, according to the Star Tribune.
Jake Loesch, communications director for Minnesotans United, shared a similar sentiment:
“Marriage is a simple freedom, it’s something that all Minnesotans deserve and it’s about the love, the commitment, the responsibility that two people share.”
Following closely on the heels of Rhode Island, Delaware is poised to become the eleventh state to allow same-sex couples to marry. Because the Delaware House passed a marriage equality bill last month and Governor Jack Markell has pledged to sign it, the only remaining step was passage in the state Senate – which happened this afternoon.
Recent polling data found that a clear majority of Delaware voters, like the majority of Americans in general, support marriage equality. In April Gov. Markell told the Huffington Post:
“…when the advocates came to me earlier this year, and said we think it's time…I said, you know what, it is time, and I'm happy to stand right there with you.”
We agree: it is time for loving, committed couples to be treated equally under the law – in Delaware and throughout the country.
Today the Rhode Island House passed and Governor Lincoln Chafee is expected to sign legislation allowing same-sex couples to marry, making it the tenth state in the country with full marriage equality. The state House passed a similar version of the bill earlier this year but held another vote following minor changes to the Senate version. Last week PFAW President Michael Keegan released a statement celebrating passage of the bill in the state Senate.
In The New York Times yesterday, Governor Lincoln Chafee called the nationwide push for marriage equality a “historic realignment”:
“A historic realignment is happening all around us, as Americans from all walks of life realize that this is the right thing to do. It is occurring both inside and outside of politics, through conversations at the office and over kitchen tables, and at different speeds in different parts of the country.”
Across dinner tables, in the pews, and in the halls of state legislatures, the momentum is indeed undeniable. Today’s victory will not only give equal marriage rights to committed, loving couples in Rhode Island, it will also strengthen the nationwide momentum towards marriage equality.
“What do we want? Equality! When do we want it? Now!”
This morning PFAW staff and members joined a crowd of thousands gathered in front of the Supreme Court to chant, march, and speak out in support of marriage equality. As Supreme Court Justices heard the first round of oral arguments on the marriage cases before them this term, multitudes of supporters gathered on the Court steps to share a simple message: our country is ready for marriage equality.
Today, the Court heard arguments on California’s anti-gay Proposition 8. Tomorrow, it will be considering the federal Defense of Marriage Act (DOMA). In the weeks leading up to today, we have been asking friends of PFAW to share why dumping DOMA is important to them. As I stood out at the rally this morning, I thought about all of the people who had been brave enough to share their story with us – and what this day meant to each of them.
For Bishop Allyson Abrams, a member of PFAW’s African American Ministers in Action, it’s time to dump DOMA “because it hurts and humiliates those who know love and who practice showing it each and every day.” For Sam Paltrow, member of affiliate PFAW Foundation’s Young People For Program, DOMA has to go because it “teaches that gay families do not matter,” and for Young People For member Erik Lampmann, it’s an “issue of economic justice.” Missoula City Councilmember Cailtin Copple, member of affiliate PFAW Foundation’s Young Elected Officials Network, “would like the chance to marry the person [she] loves someday.”
While each person at the Supreme Court rally today – and those at the marriage rallies in all 50 states across the country – had a different reason for being there, we had a common goal: Equality. Now.
This piece is the eighth in a series of guest blog posts on “Why It’s Time to Dump DOMA.” In the weeks leading up to the Supreme Court arguments on the anti-gay Defense of Marriage Act, we’re asking friends of PFAW to share why dumping DOMA matters to them. Be sure to check back soon for the latest post in the series.
At the end of 2008, my husband and I were married in the same synagogue where I’d had my bar-mitzvah more than three decades earlier. As a 13 year-old in the 1970s, I read from the Torah and spoke to the congregation about letting the people we love know how much we love them. But as a closeted 13 year-old, I never dreamed that 30 years later, I’d be standing in the same chapel, with all the same people who are dearest to me, publicly professing my love for another man. Rick and I were surrounded by family and married in the traditions of our faith. And as we drank from the Kiddush cup, we adapted a practice from the Passover Seder; since Prop 8 had just passed, we removed eight drops of wine as a symbol that our joy was diminished by the suffering caused by marriage discrimination.
Passover is my favorite holiday because it is about living in a just society. It teaches us to welcome the stranger, because “we were strangers in the land of Egypt.” It is a lesson that, unfortunately, must be learned and relearned, as every society has those whom it unjustly treats as outcasts.
It’s appropriate that the Supreme Court will be hearing oral arguments in both the Prop 8 and Defense of Marriage Act cases during the week of Passover. Although the Constitution uses the language of “equal protection” instead “strangers in the land of Egypt,” the underlying values are the same. It is wrong – and unconstitutional – for states to prohibit us from marrying and for the federal government to refuse to recognize our marriages. What better time than Passover to dump DOMA and strike down Prop 8?
Paul Gordon, Senior Legislative Counsel
People For the American Way
This piece is the sixth in a series of guest blog posts on “Why It’s Time to Dump DOMA.” In the weeks leading up to the Supreme Court arguments on the anti-gay Defense of Marriage Act, we’re asking friends of PFAW to share why dumping DOMA matters to them. Be sure to check back soon for the latest post in the series.
Growing up as a gay woman in a conservative Salvadoran household was like being the protagonist in one of the telenovelas that I used to watch with my Maminena, my grandma. Thankfully, here in Maryland, being gay is no longer an obstacle to marrying the love of my life.
After a hard-fought battle, my girlfriend and I now have the right to say, “I do.”
Unlike most economic development initiatives, tax increases, and transportation projects, our ability to marry was taken to the polls and put to a vote. Marriage for same-sex couples is still treated like an earned privilege rather than a given right. While we won the right to marry in Maryland, thanks to DOMA our marriage would not be recognized under federal law.
My relationship, under this law, does not count. DOMA is a vehicle for discrimination and it hurts our families.
When thinking about equality, whether it’s equal protection under federal law, marriage equality or equal protection for our transgender community, two words come to mind: unconditional love.
Unconditional love. That is what equality means to me: unconditional love for our community, constituents, neighbors, co-workers, schoolmates, friends, family members. Because when you truly love, you don’t let discrimination and injustice take place in your community – or in your country.
The Defense of Marriage Act is just as outdated as the concept of “traditional marriage” being restricted to heterosexuals only. It’s time to dump DOMA – let unconditional love take its place.
Alumna of affiliate People For the American Way Foundation’s Front Line Leaders Academy
Last week the Equal Justice Task Force of the African American Ministers Leadership Council, a program of People For the American Way Foundation, joined with a broad coalition of organizations in filing amicus briefs for the marriage equality cases being considered by the Supreme Court. These cases – Hollingsworth v. Perry, which challenges California’s Proposition 8, and Windsor v. U.S., which challenges Section 3 of the Defense of Marriage Act (DOMA) – represent landmark opportunities for our nation to move toward making marriage equality a reality for all Americans.
“As African American faith leaders, we feel it is our responsibility to question hatred and discrimination wherever it happens – and especially in our laws,” said Minister Leslie Watson Malachi, Director of the African American Ministers Leadership Council. “Laws singling out and preventing same-sex couples from getting married are blatantly discriminatory and they hurt our communities. These amicus briefs voice our support for equal rights and equal justice for all of God’s children.”
The amicus brief for the Hollingsworth case, a continuation of the 2010 brief PFAW Foundation submitted when the 9th Circuit Court of Appeals reviewed the case, exposes the discriminatory nature of the supposedly “moral” rationales for Proposition 8:
This Court has refused for three-quarters of a century to uphold laws disfavoring minority groups based on religious or moral disapproval alone—with the one, now-discredited exception of Bowers v. Hardwick, 478 U.S. 186 (1986). And for good reason: Time and again throughout our nation’s history, laws that disadvantaged or degraded particular groups have been justified by resort to morality and religion. And time and again, our society has come to see those laws as repugnant, and the religious and moral disapproval justifying them as little more than a means to enshrine the status quo.
Likewise, the amicus brief for the Windsor case points out:
This Court has long implicitly acknowledged the connection between religious justifications and the Equal Protection guarantee. The Court’s decision overturning Virginia’s law forbidding marriage between persons of different races is illustrative. In Loving v. Virginia, the Court dismissed the Virginia trial judge’s proffered religious-based rationale, which cited God’s hand in creating different races, recognizing instead that “[t]here is patently no legitimate overriding purpose independent of invidious racial discrimination which justifies this classification.” 388 U.S. 1, 11 (1967). Ultimately, the Court recognized that the anti-miscegenation law served no secular purpose, and was based on nothing more than racial discrimination—even if disguised as a moral or religious belief.
As these briefs highlight, discrimination – even if cloaked in the language of religious or moral beliefs – is still discrimination.
This piece is the fifth in a series of guest blog posts on “Why It’s Time to Dump DOMA.” In the weeks leading up to the Supreme Court arguments on the anti-gay Defense of Marriage Act, we’re asking friends of PFAW to share why dumping DOMA matters to them. Be sure to check back soon for the latest post in the series.
Is it wrong for committed couples to share retirement and medical benefits? Is it wrong for Americans to expect to receive equal justice under the law?
No, but it is wrong for our government to dictate who we can love and who we cannot. It is wrong for our government to recognize some married couples and not others. But that is exactly what the Defense Of Marriage Act does.
Marriage equality doesn’t hurt anybody or take away anybody’s freedoms. But DOMA does both of those things. Supporters of DOMA sound dangerously like those who said we should outlaw interracial marriages in the previous century. It’s time for this country to say we are done with DOMA and dump it.
Reverend Charles Williams II
Member of People For the American Way’s African American Ministers In Action
This piece is the fourth in a series of guest blog posts on “Why It’s Time to Dump DOMA.” In the weeks leading up to the Supreme Court arguments on the anti-gay Defense of Marriage Act, we’re asking friends of PFAW to share why dumping DOMA matters to them. Be sure to check back soon for the latest post in the series.
Attending weddings is always an interesting phenomenon for queer Americans. We might celebrate in the festivities, box out our cousins for the bouquet or present a toast. Yet, for most queer people, myself included, there remains the thought in the back of our minds that -- try as we might -- a federally-recognized marriage is largely beyond our grasp. While I’m not sure when or if I’ll ever try to marry, I am committed to ensuring that American society treats all partnerships as equally valid under the law. Under the Defense of Marriage Act of 1996 (DOMA), the federal government denies married same-sex couples every one of the 1,000+ federal legal protections that marriage affords and institutionalizes a negative stigma of lesbian, gay, bisexual, trans, and queer/questioning (LGBTQ) people. For these reasons alone, DOMA is antithetical to a “free” America where all citizens are seen as equal under the law.
DOMA’s effects extend even further, however. For instance, the repeal of DOMA is also an issue of economic justice. Because DOMA prevents queer couples from filing their taxes together and sharing health benefits, these couples often pay more than heterosexual couples for the same services and opportunities. DOMA not only prevents same-sex couples from taking on the full benefits and responsibilities of marriage, it penalizes them financially.
The question of whether to “Dump DOMA” is clear for me. As more and more Americans favor marriage equality and as courts reject its reasoning, it’s only a matter of time before all Americans are afforded equal marriage rights under the law. I believe the “arc of history bends towards justice,” and I believe this is a time for all Americans to stand with their queer family, friends, and community members against injustice. DUMP DOMA TODAY!
Erik Lampmann, University of Richmond
Member of affiliate People For the American Way Foundation’s Young People For Program