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10 years later, Goodridge decision still seen as milestone

Advocates see path for nationwide marriage equality in another decade

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Mary Bonauto, GLAD, gay news, Washington Blade
Mary Bonauto, gay news, Washington Blade

Mary Bonauto litigated the case that brought marriage equality to Massachusetts 10 years ago. (Washington Blade photo by Michael Key)

Ten years have passed since marriage equality came to the first state in the nation following a historic decision by the Massachusetts Supreme Court, helping to usher in swift change in attitudes and law around gay and lesbian couples.

On Nov. 18, 2003, the Massachusetts Supreme Court handed down a 4-3 ruling in the case of Goodridge v. Department of Public Health, bringing marriage equality to the Bay State.

ā€œThe question before us is whether, consistent with the Massachusetts Constitution, the Commonwealth may deny the protections, benefits, and obligations conferred by civil marriage to two individuals of the same sex who wish to marry,ā€ the decision states. ā€œWe conclude that it may not. The Massachusetts Constitution affirms the dignity and equality of all individuals.ā€

Despite efforts from then-Gov. Mitt Romney to limit the ruling to civil unions and enact a constitutional amendment to rescind the decision, supporters of the ruling won the day and marriage equality has remained the law of the land in Massachusetts.

Mary Bonauto, who litigated the Goodridge case on behalf of Gay & Lesbian Advocates & Defenders and now serves as civil rights director there, said on the 10th anniversary of the decision the ruling “broke a historic barrier that we have never been able to overcome.”

“And it did so in the shared values of our constitution that we all believe in equality and we don’t have second-class citizens in this nation under the law,” Bonauto said.

The magnitude of the decision was bolstered, Bonauto said, six months later by the same-sex couples who went to the altar to marry.

“Now you had principle and you had reality working together, and all this freedom and equality from the court, and the you saw the joy in couples who finally were able to marry,” Bonauto said. “I think actually having couples marry was profound. It had to happen somewhere, somebody had to be first.”

Evan Wolfson, an early proponent of marriage equality and current president of Freedom to Marry, said having same-sex marriage legal someplace in the country was transformational for the movement.

“The breakthrough we were always working for in those early years was to make it real somewhere because we knew that once people had a chance to see with their own eyes families helped, and no one hurt, the opposition and resistance and fears would begin to subside, and we could build on that win to the rest of the wins still needed,” Wolfson said.

But the victory in Massachusetts, followed by then-San Francisco Mayor Gavin Newsom’s decision to distribute marriage licenses to gay couples, was met by a significant roadblock in the 2004 election when 11 states adopted constitutional amendments banning same-sex marriage. President George W. Bush won re-election after making support for a U.S. constitutional amendment banning same-sex marriage a prominent part of his campaign.

Pointing to political analysis debunking the notion that the marriage issue drove voters to the polls to re-elect Bush, Bonauto expressed skepticism that the ruling led to the win for Republicans in the 2004 election.

“The way this all got started, I think, people were putting two-and-two together about moral values, and the 22 percent of voters had stated that their most important consideration was ‘moral values,’ and the 11 amendments,” Bonauto said. “In the exit polling and so on about what this moral values means, for a great many people it meant the Iraq war. So it wasn’t even clear that the moral values voters were Bush voters.”

Bonauto said when she filed the case in 2001, 36 states already had statutory bans on same-sex marriage in response to advancing efforts to legalize same-sex marriage in Hawaii in the 1990s.

“From my perspective, it wasn’t really so much a backlash as a continued lashing,” Bonauto said. “People who had already taken steps to be very explicit about marriage bans, the only place they could go, continue to hone their political credentials, was to be even more draconian, and so that’s what happened by and large.”

Referencing a speechĀ he delivered prior to Election Day of that year,Ā Wolfson said the win in Massachusetts still trumped the losses at the ballot box in 2004 because it was still progress from the status quo.

“Even in 2004, I was on record before the election as saying that any year in which we endured some anti-gay attacks, but won marriage was a winning year because wins trump losses,” Wolfson said. “We would use the power of the win to overcome the temporary barriers erected in our losses, and that’s precisely what we are doing.”

It wasn’t until 2008 when other states would follow suit after courts in Connecticut and California ruled in favor of marriage equality, although the victory in California was (until recently) abrogated several months later by the passage of Proposition 8.

Now 16 states and D.C. are poised to have marriage equality on the books in the same year that the U.S. Supreme Court struck down Section 3 of the Defense of Marriage Act, which prohibited federal recognition of these unions.

The ruling against DOMA at the Supreme Court was coupled by a decision from justices that restored marriage equality to California. In the months that followed, the New Jersey Supreme Court has instituted marriage equality in the Garden State and state legislatures in Illinois and Hawaii have extended marriage to gay couples. At any time, the New Mexico Supreme Court could hand down a ruling in favor of marriage equality as a result of pending litigation.

M.V. Lee Badgett, research director at the Williams Institute, estimated about 100,000 gay couples have married since the Goodridge decision 10 years ago, but the effect of having marriage equality in Massachusetts and other places goes far beyond numbers.

“It will take a while for researchers to analyze and publish more detailed findings on the effects of the ability to marry and of actual marriage,” Badgett said. “One early study showed that same-sex couples in Massachusetts feel more social inclusion, and one sample of gay men showed lower health care costs and health care utilization. In California we’ve seen that psychological health is better for same-sex couples who marry or had domestic partnerships.”

Wolfson said the growth of marriage equality in the country is noteworthy in many respects, including in terms of percentages.

“As we celebrate the end of this big year, we now have 38 percent of the American people living in a freedom to marry state, up from zero a decade ago,” Wolfson said. “Gay people can share in the freedom to marry in 18 countries, in five continents, up from zero virtually a decade ago. That, by any standard, is enormous progress and real momentum, but we have to finish the job.”

Reflecting back on the decision 10 years ago, Bonauto said she hoped at the time this much change would happen a decade later, but confessed “there were times that I certainly wasn’t sure.”

“I had always hoped that the arc for us would be what it was in some ways for interracial marriage, where courts rebuff and rebuff and rebuff, and then in 1948 the California Supreme Court struck down the interracial marriage ban,” Bonauto said. “More states repealed those after the California ruling, so that 19 years later when the Supreme Court decided Loving v. Virginia, Virginia was only one of 16 states that had such bans.”

During a news conference held on the same day as the 10th anniversary of the Goodridge decision, White House Press Secretary Jay Carney also noted progress made in the past decade in response to a more general question on LGBT rights.

“I think that anybody who looks at LGBT rights and the road travelled in this country just in the past decade would rightly be pleased by the significant progress thatā€™s been made, even as we acknowledge that more work needs to be done, more progress need to be done,” Carney said.

Carney later told the Blade via email he wasn’t making a direct reference to the Goodridge decision, but his comments were meant “just as a broad reference to the progress made over the last decade.”

And hopes continue for a brighter future as advocates anticipate one of the pending federal lawsuits in 20 states across the country will make its way to the Supreme Court, delivering a ruling in favor of same-sex marriage nationwide in less than 10 years. Following the Supreme Court rulings in June,Ā Chad Griffin, president of the Human Rights Campaign, said marriage equality will reach the entire nation within five years.

Bonauto said she hopes the Supreme Court will settle the marriage issue once and for all, but isn’t completely sure which way the justices would rule and emphasized hard work is necessary for a favorable outcome.

“I think we have to work with the same intensity that we have up to this point and hopefully the Supreme Court will settle the issue, and then if for some reason it does not, which I think would be extremely unfortunate, I just think we have to continue doing what we’ve been doing state by state,” she said.

Freedom to Marry has prepared a “Roadmap to Victory” in anticipation of a Supreme Court decision that entails winning more states and building support for same-sex marriage in nationwide polls. Eyes will be on Oregon in 2014 to see whether it will reverse a constitutional ban on same-sex marriage at the ballot.

Wolfson said he “absolutely” believes that supporters of same-sex marriage will be able to finish the job.

“The good news for us is the same winning strategy that brought us to this point of momentum is the strategy that is going to bring it all home,” Wolfson said.

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National

House Republicans propose steep cuts in federal AIDS budget

Advocacy groups say move would eliminate ā€˜Ending HIV Epidemicā€™ initiative

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The Ending the HIV Epidemic initiative was launched during the administration of President Donald Trump.

The Republican-controlled U.S. House Subcommittee on Labor, Health, and Human Services, Education, and Related Agencies approved a spending bill on June 26 that calls for cutting at least $419 million from federal AIDS programs that AIDS activists say would have a devastating impact on efforts to greatly reduce the number of new HIV infections by 2030.

The subcommitteeā€™s proposed bill, which includes billions of dollars in cuts in a wide range of other federal health, education, and human services related programs, is scheduled to be considered by the full House Appropriations Committee on July 10. Officials with AIDS advocacy groups say they are hopeful that the full committee, like last year, will refuse to approve the proposed cuts in the AIDS budget.

The proposed GOP cuts would eliminate $214 million from the U.S. Centers for Disease Control and Preventionā€™s HIV prevention programs, $190 million from the Ryan White HIV/AIDS Program, and $15 million from the Department of Health and Human Services Secretaryā€™s Minority HIV/AIDS Program.

Activists say the impact of those cuts would kill the federal governmentā€™s Ending the HIV Epidemic initiative, which among other things, calls for reducing the number of new HIV infections in the U.S. by 75 percent by 2025 and by 90 percent by 2030. The activists point out that ironically the Ending the HIV Epidemic initiative was launched during the administration of President Donald Trump.

 ā€œInstead of providing new investments in ending HIV by increasing funding for testing, prevention programs, such as PrEP, and life-saving care and treatment, House Republicans are again choosing to go through a worthless exercise of cutting programs that the American people depend on and will never pass,ā€ said Carl Schmid, executive director of the HIV + Hepatitis Policy Institute.

ā€œWhile we vigorously fight these cuts, we look forward to working with the entire Congress in a bipartisan fashion on spending bills that can actually become law,ā€ Schmid said in a statement.

 Schmid noted that the bill also includes provisions known as ā€œpolicy ridersā€ that would take away rights and protections from women, such as access to birth control and abortion, and for minorities, including LGBTQ people.

According to a statement released by the office of Rep. Rosa DeLauro (D-Conn.), who is the ranking minority member of the House Appropriations Committee, one of the policy riders would ā€œblock the Biden administrationā€™s policies to ensure nondiscrimination on the basis of gender identity and sexual orientation.ā€™  The statement says another policy rider would ā€œprevent policies or programs intended to promote diversity, equality, or inclusion.ā€

Most political observers believe the Democratic-controlled U.S. Senate would also kill the GOP proposed policy riders and cuts in the AIDS budget if the full Republican-controlled House were to approve the budget bill passed by the appropriations subcommittee.

Rep, Tom Cole (R-Okla.), who serves as chair of the full House Appropriations Committee, released a statement on June 27 defending the  subcommitteeā€™s bill and its proposed spending cuts. ā€œThe bill provides appropriate and fiscally responsible funding to ensure these departments can continue to perform their core missions while also acknowledging the fiscal realities facing our nation,ā€ he said.

ā€œImportantly, the bill pushes back on the Biden administrationā€™s out-of-touch progressive policy agenda, preventing this White House from finalizing or implementing controversial rules or executive orders,ā€ Cole said in his statement. ā€œIt also preserves long standing bipartisan policy provisions protecting the right to life.ā€

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Virginia

Man went on ā€˜homophobic rantā€™ inside Va. pub that displayed Pride flags

Suspect arrested on charges of public intoxication, assaulting police officer

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Justin Wayne Hendricks was arrested in the case. (Photo courtesy of the Fairfax County Adult Detention Center)

The Hawk & Griffin British Pub located in Vienna, Va.,  posted a message on Facebook last week saying a man was arrested after going on a ā€œhomophobic rantā€ inside the pub on June 28 when he saw that LGBTQ Pride flags were displayed at the pub for Pride month.

ā€œLast night we had an incident here at the pub when a man came off the street to accost patrons in our beer garden because of our flags displayed for pride month,ā€ the Hawk & Griffin Facebook posting says. ā€œHe then spit on our windows and came inside to confront our staff and patrons with homophobic rants,ā€ the posting continues.

ā€œOur manager and staff handled the situation very professionally and police were called to investigate and later arrested a man a couple of blocks away,ā€ the message says. ā€œWe want to thank the Vienna Police Department for their quick response. We are and will continue to be community focused and we will never stop working to create and maintain a place of inclusion and tolerance,ā€ the statement concludes.

Vienna police charged Justin Wayne Hendricks, of no known address, with misdemeanor counts of being ā€œdrunk in publicā€ and  providing false identification to a police officer and with a felony count of assault on a police officer. A police spokesperson said Hendricks was also found to be in violation of an outstanding arrest warrant from Alexandria, Va., related to a prior charge of failing to register as a sex offender.

The spokesperson, Juan Vazquez, said Hendricks is currently being held without bond at the Fairfax County Adult Detention Center. Online records for the Fairfax County General District Court show that Hendricks is scheduled to appear at a preliminary hearing on Oct. 9.

ā€œOn Friday, June 28, around 9:28 p.m. the Vienna Police Department responded to reports of an intoxicated individual threatening customers of the Hawk & Griffin,ā€ a Vienna police statement says. ā€œUpon the arrival of the officers the individual had already left the premises but was promptly located at an address nearby,ā€ according to the statement.

The statement adds that Hendricks was subsequently charged with being drunk in public, providing false information about his identity to police, and assault on a police officer along with being served with the outstanding warrant related to the prior charge in Alexandria of failing to register as a sex offender.

Details of the prior sex offender charge couldnā€™t immediately be obtained from online court records. However, the online records show that Hendricks has at least a dozen or more prior arrests between 2014 and 2023 on charges including public intoxication, trespassing, and failing to register as a sex offender.

Police spokesperson Vazquez said it would be up to prosecutors with the office of the Fairfax County Commonwealthā€™s Attorney to determine if a subsequent hate crime related charge would be filed in the case.

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Politics

HRC slams White House over position opposing gender affirming surgeries for minors

ā€˜Biden administration is flat wrong on thisā€™

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Human Rights Campaign President Kelley Robinson (Washington Blade photo by Michael Key)

Human Rights Campaign President Kelley Robinson issued a strong rebuke on Tuesday of the Biden-Harris administration’s position opposing gender affirming surgeries for minors.

The New York Times reported on June 28 that the White House, which broadly supports making medical interventions available for transgender youth, had expressed opposition to surgeries for patients under 18, having previously declined to take a specific position on the question.

ā€œHealth care decisions for young people belong between a patient, their family, and their health care provider. Trans youth are no exception,” Robinson responded. 

ā€œThe Biden administration is flat wrong on this. Itā€™s wrong on the science and wrong on the substance. Itā€™s also inconsistent with other steps the administration has taken to support transgender youth. The Biden administration, and every elected official, need to leave these decisions to families, doctors and patientsā€”where they belong,” she added. “Although transgender young people make up an extremely small percentage of youth in this country, the care they receive is based on decades of clinical research and is backed by every major medical association in the U.S. representing over 1.3 million doctors.”

Robinson said the “administration has committed to fight any ban on healthcare for transgender youth and must continue this without hesitationā€”the entire community is watching.” 

ā€œNo parent should ever be put in the position where they and their doctor agree on one course of action, supported by the overwhelming majority of medical experts, but the government forbids it,ā€ she added.

HRC is a prominent backer of Biden’s 2024 reelection campaign, having pledged $15 million to support efforts in six battleground states. The organization has a strong relationship with the White House, with the president and first lady headlining last year’s National Dinner.

A White House spokesperson declined to respond to Robinson’s statement.

Campaign for Southern Equality President Allison Scott also issued a statement.

ā€œThis is a cowardly statement from an administration that promised to support transgender people. It is a troubling concession to the right-wing assault on transgender Americans, falling for their false narratives about surgical care and betraying a commitment to equality and trust in the medical community,ā€ said Scott.

ā€œLetā€™s be very, very clear: Government has no business inserting itself into private medical decisions that should be exclusively between patients, their providers, and the patientsā€™ parent or guardian,” Scott added.

“It is dangerous to begin endorsing categorical bans or limits on healthcare, and there is no justification for restricting transgender youthā€™s access to the very same care that many cisgender youth receive every year ā€” thatā€™s literally the definition of discrimination,” Scott concluded. “We demand the Biden administration retract this thoughtless statement and work to undo its damage.ā€ 

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