BOSTON -It is hard to imagine a better welcome for gay and lesbian couples than the words of Chief Justice Margaret Marshall of the Massachusetts Supreme Judicial Court. In the 4-3 decision Nov. 18 that ruled gay and lesbian marriages to be legal, she wrote that the Massachusetts Constitution "forbids the creation of second-class citizens."
That is really what this is all about. Massachusetts became the first state to finally cut through the homophobia - not halfway and third-class (domestic partner benefits) and not three-quarters of the way and second-class (civil unions) but almost all the way to the first-class recognition of marriage.
The word "almost" is critical because the issue is hardly over. While the court declared gay marriage legal, it left the final codification up to the legislature, which must come up with a law consistent with the decision in 180 days. Leaving it up to the politicians is sure to be a circus of cultural contortions, locally and nationally.
Our last two presidents were good examples. Democratic President Bill Clinton courted the gay vote, then signed the Defense of Marriage Act, which allows states to refuse to recognize gay and lesbian marriages performed in other states. White House spokesman Mike McCurry said in 1996 that Mr. Clinton was against same-sex marriage because "he believes this is a time when we need to do things to strengthen the American family." We will not digress about how Mr. Clinton "strengthened" his family.
President Bush, who represents a Republican Party that promotes gay individuals here and there but who rejected a meeting with the Log Cabin Republicans during the 2000 campaign, is currently having White House lawyers investigate whether marriage can be legally defined as being only between a man and a woman.
Asked for his views on homosexuality at a July news conference, Mr. Bush took a Christian sideswipe at gay and lesbian people by beginning his answer with, "I am mindful that we're all sinners." He went on to say, "That does mean that somebody like me needs to compromise on such an issue as marriage. ... I believe in the sanctity of marriage. I believe a marriage is between a man and a woman."
The Massachusetts State House has not been much better as it tosses and turns over this topic. Senate President Robert E. Travaglini has proposed the three-fourths method of pushing for civil unions. But Gov. Mitt Romney promised to fight to keep gay and lesbian couples back in his second-class compartment.
