After the late June Supreme Court decision allowing same-sex couples to wed in California, marriage equality had a quiet late summer and early fall. That ended Monday, with the enforcement of a state court decision making New Jersey the 14th state with marriage equality. Gov. Chris Christie’s decision to stop his appeal promises that this will be a permanent change, not the referendum pending relief California had from June to November of 2008.
Yes, marriage equality is on the march again, and New Jersey may not be the last stop in 2013; Hawaii and Illinois could be added this year by their state legislatures.
In Hawaii, Gov. Abercrombie has called a special legislative session to address marriage equality. It begins next week, with the state attorney general having confirmed that the Hawaii Constitution gives the legislature the power to authorize same-sex marriage. Most believe the votes to make Hawaii the 15th marriage equality state have been there for some time, delayed by squabbles within the Democratic Party.
Illinois could conceivably beat Hawaii to the punch. Tuesday saw a March on Springfield (the state capital) for marriage equality, coinciding with the beginning of the legislature’s fall “veto” session and a poll showing a majority of Illinoisans supporting same-sex marriage. Legislation to approve marriage equality failed to pass the Illinois House in the spring, despite passing the Senate on Valentine’s Day 2013. If the House finds enough votes to enact marriage equality, repeat Senate passage and the signature of Gov. Pat Quinn should be a formality.
That may be the end of legislatively enacted equality for a while, but it doesn’t mean the momentum will stall. It is just moving to the ballot box and the courts. Ballot initiatives are already in process in Oregon (2014) and Nevada (2016), and activists are weighing their options in numerous other states. Various state courts could beat both initiatives, as the U.S. Supreme Court decisions on overturning the Defense of Marriage Act and Prop. 8 have emboldened nationwide litigation. Plaintiffs and state organizations who might once have waited for the blessing of national groups are now filing as they see fit, resulting in a flurry of cases that are increasingly hard to keep tabs on.
Perhaps the best prospects are in New Mexico, where the state constitution is gender neutral on marriage, and where the Supreme Court heard arguments Wednesday. Pennsylvania holds more promise than one may think, as marriage equality is prevented by a law (not a constitutional amendment), meaning it can be challenged in state as well as federal court. In Michigan, a federal judge suggested that a couple challenging adoption law broaden their suit to fight for marriage equality. While it’s not a slam dunk, it’s usually good to do what the referee suggests.
As exciting as it is to watch the marriage equality map grow from sea to shining sea, keep an eye on California. In the next few weeks, we should know if opponents to equality will have the signatures they need to force a referendum on AB1266, the bill that provides equality in our schools.
