Legalizing gay marriage could backfire for gays

News item: "Proposals in the House and Senate would extend to same-sex couples the right to marry and receive all the same rights, benefits, protections and responsibilities of marriage as opposite-sex couples."

When actor Jim Nabors wanted to marry Stan Cadwallader, his partner of 37 years, he wanted a simple, fast ceremony that would formally say that the actor and the former Honolulu firefighter were indeed partners in a legitimate relationship.

They could not do this anywhere. Certainly not here. They could be in a civil union, they could even have a church wedding, but they could not say that they were legally married in Hawaii, because Hawaii, like most states, does not recognize marriage between two people of the same gender.

Washington state, however, just last month allowed same-sex marriage. Nabors and Cadwallader flew into Seattle just for the ceremony.

"I think every person on this Earth has a choice of who they want to spend their life with," Nabors told The Associated Press this week.

"He’s my best friend," Nabors added.

President Barack Obama devoted a portion of his historic inaugural speech last month to support of the issue.

"Our journey is not complete until our gay brothers and sisters are treated like anyone else under the law, for if we are truly created equal, then surely the love we commit to one another must be equal as well," Obama said.

If politics were just about speedily doing what is right and everyone was already on the right train, on the right track going in the right direction, this would be easy.

Politics, thankfully, is way more complicated than running a railroad.

Obama is correct in saying that marriage is a legal matter and under the law we in America say everyone is to be treated equally.

Several groups, with much encouragement from national gay rights groups, have targeted Hawaii as a state ready to legalize same-sex marriage. They secured a public relations company, alerted the media, got comments from a supporter at the White House and helped introduce legislation in the state Legislature.

Some of Hawaii’s most dedicated supporters of civil rights for gay people, however, note that this effort may not turn out well.

Tambry Young and Suzanne King have been partners together for 30 years. Together they are raising a daughter and together they were one of six couples that sued the state because they were unable to get medical insurance for their child since they were not married. After Gov. Neil Abercrombie signed the state’s civil union bill into law, they and the other couples dropped their suit; they were covered under state law.

Young, president of Citizens for Equal Rights, says the marriage laws in Hawaii would do nothing for her and King.

"There are no additional benefits — the federal law, DOMA (Defense of Marriage Act), prevents us from getting federal benefits (such as filing federal taxes as a married couple)," Young said in an interview.

Another strong supporter of civil rights, state Sen. Les Ihara, called the bills "mostly symbolic," although he said he supports passing a state law legalizing gay marriage.

Another supporter Alan Spector, co-founder of Equality Hawaii, says a marriage law is important because "calling it marriage is what is universally understood. It gives gay couples the social dignity and respect of marriage."

Also, Spector says, if all of DOMA is not repealed it could result in states acting to exclude gay couples from marriage.

The U.S. Supreme Court has two cases this spring on gay marriage and the equal rights for gay couples. There is much speculation that the court decision could overturn DOMA, meaning that Nabors’ marriage could be legally recognized in Hawaii, just like the Seattle marriage of a man and woman is now valid in Hawaii.

The political complication is that pushing a gay marriage bill now might also prompt the Legislature to push forward a proposed state constitutional amendment spelling out that marriage is between only a man and a woman.

So it could get much more complicated before we get around to truly protecting the civil rights of all our citizens.

———

Richard Borreca writes on politics on Sundays, Tuesdays and Fridays. Reach him at rborreca@staradvertiser.com.