In November, marriage equality will be back on the ballot in four states -- Minnesota, Maine, Maryland and Washington. All four are in blue states that Obama should carry, all four states have encouraging polls and in all four states we have changed the messaging to better reach swing voters. As Californians, we all remember how painful it was to lose on Proposition 8 four years ago. One year later, we lost in Maine -- and at the time marriage equality supporters (including myself)
As the National Organization for Marriage conceded before the Prop 8 trial even began, "we do not expect to win at the trial level. But with God's help, at least five members of the current Supreme Court will have the courage to defend our Constitution from this grave attack." What would grab their attention, however, is an electoral victory that finally breaks our 34-state losing streak.
When the Supreme Court overruled a ban on interracial marriage in 1967, they noted that only a handful of states still had such laws on the books. When they declined to overturn anti-sodomy laws in 1986, most states still had statutes -- but when they overruled Bowers 17 years later, the Court noted how few anti-sodomy laws were still even around.
Whether states have passed or not passed marriage equality isn't supposed to matter in court decisions, but political reality says otherwise. And while waiting for the courts to sort it out is disempowering to all but the lawyers involved, right now gay marriage supporters have a rare opportunity to impact next year's Court decisions -- by getting involved in one of these states.
Maryland and Washington: Defending Legislative Victories
New York does not have a referendum process, so that victory is safe. But in Maryland and Washington, we now face a similar situation we had in Maine three years ago -- despite the state legislature and Governor passing a marriage bill, the right-wing has collected enough signatures to place it on the ballot.
Fortunately, there are a few differences this time around. For one, in both Maryland andWashington -- unlike Maine -- a "yes" vote is to keep the new legislation, whereas a "no" vote overturns it. Hopefully, this will alleviate some confusion we saw among our side in Maine.
In both states, polling doesn't just have the "pro-equality" side with more support than those who are against the law -- but support is at over 50%. In Washington, 54% of voters in a recent poll said they support gay marriage -- with 33% opposed. In Maryland, we are seeing similar numbers -- 57% in favor of the new law, and 37% opposed.
But don't polls notoriously undercount marriage equality opponents? Isn't there a "Bradley effect" on gay marriage -- where respondents give the pollster what they know is the politically correct answer, while doing something else in the privacy of the polling booth? Yes and No.
But people who affirmatively tell a pollster they support marriage equality do end up sticking with us on Election Day -- and once we get folks to support us, you don't see slippage. That's why it's a smart idea to go to the ballot where polls show us having more than 50% support.
The news out of Maryland, however, has been particularly exciting in the past month. Since President Obama's historic endorsement of marriage equality, we have seen a significant shift among African-American voters in Maryland in our favor. For years, our opponents at N.O.M. have banked on turning out black voters against gay marriage -- going so far as to openly brag about "driving a wedge between blacks and gays."
Now, President Obama has openly endorsed Maryland's marriage equality law -- at a recent speech in Baltimore. This is a welcome contrast from 2009, when he never acknowledged Maine's gay marriage initiative -- besides a generic statement about all such measures. With Obama on the ballot in these blue states, there is opportunity for cooperation.
Minnesota: Stopping Another Amendment Battle
Like we saw in states across the country in 2004, 2006 and 2008, the right-wing has put an amendment on the Minnesota ballot this November -- which would enshrine discrimination in the state constitution. The only reason it took so long in Minnesota, is that Republicans did not control the legislature until after the 2010 election -- when they promptly put it on the ballot.
Here, a "no" vote is the pro-equality position. Polling in Minnesota is less encouraging than in Washington or Maryland -- a recent poll has us "winning" with 49 percent against the amendment, and 43 percent in favor. But unlike any other state that I'm aware of, Minnesota law says a voter who abstains on a ballot initiative counts as a "no" vote.
With President Obama on the ballot this November, we can expect a huge turnout of casual voters -- especially in Minnesota, which has same-day voter registration. While the campaign Minnesotans United for All Families is working hard to urge a "no" vote, I expect the difference in Minnesota election law will automatically give us a 1-2% benefit -- which may be decisive.
You can get involved by helping the Minnesota campaign here.
Maine: Marriage Equality Goes On the Offensive
Based on voter turnout models, we would have won the Maine referendum -- if it had been on a presidential election ballot. So Equality Maine collected thousands of signatures to put gay marriage back on the November ballot -- with a "yes" vote, this time, being a vote to enact marriage equality. Rather than oppose an awful amendment, or to protect a recent victory, Maine will be the first time in history that gay marriage supporters choose to go to the ballot.
I'm already planning to go to Maine in the fall -- finishing the job that we did in 2009. You can get involved with the campaign by clicking here. A new poll this week has 55% of Mainers in favor of the initiative, with 36% opposed.
Refining Our Message for Marriage Equality
By not going to the ballot for three years, our side has been able to do extensive research -- which will guide our message development in all four states this fall, and better reach the "swing voters" who will decide these elections. Some of the best analysis I've seen has been a
First, you won't see as much talk about "rights and benefits" that we saw in previous cycles. Swing voters believe that if all gay couples want is a handful of rights and legal benefits, they can have civil unions. But couples -- gay and straight -- get married for more than that. They desire to get married, because marriage has a very significant cultural and emotional bond to it.
We're going to see a lot more messaging about love and commitment -- what "marriage" means to gay couples, but also what it means to straight couples. And to avoid the attacks we see from our opponents (who claim we want to "re-define" marriage), in all four states we will talk about how same-sex couples want to join marriage as an institution that they respect.
As President Obama stands for re-election, and progressives plan to undo the damage of the 2010 elections, it is time to channel the same kind of "hope" that inspired so many of us in 2008 to travel across the country and elect a new president. For marriage equality supporters, getting involved in these four states in November is an opportunity to make history.
How will Donald Trump’s first 100 days impact YOU? Subscribe, choose the community that you most identify with or want to learn more about and we’ll send you the news that matters most once a week throughout Trump’s first 100 days in office. Learn more