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Tracy Baim

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More Than a Civil Union: It's Marriage That Matters

Posted: 06/24/11 08:51 PM ET

While entering the institution of marriage voluntarily seems to be losing its luster amongst opposite-sex couples -- many same-sex couples are red-hot for equal access to it, given its germane economic benefits.

President Obama, in a speech to LGBT donors in New York June 23, spoke of supporting equal rights for same-sex couples, but he did not use the word marriage in that comment. Instead, he made it clear he believes marriages are a right administered by the states. He neglected to acknowledge, however, that the federal government does in fact recognize these marriages through a wide range of financial and other benefits.

The right to civil union vs. marriage is treacherous ground. Recently, Obama's spokesperson stumbled when trying to clarify Obama's own devolution on the topic. President Obama once stated he favored legalization of same-sex marriages in a survey to Outlines newspaper (now Windy City Times) in 1996. And to this day he has never denied this statement.

Recently a White House spokesman suggested the survey was not completed by Obama. However that comment has been retracted.

The denial has caused confusion for those who want to believe the president understands and supports the equality upon which he campaigned.

The ironic phenomenon of gays pushing for the government to be in their bedrooms -- from New York to California and many states in between -- is not just because they want to register at Macy's and travel to a welcoming vacation spot for their honeymoon. No. it's much bigger than that. The long quest for marriage is based on three converging concepts.

First, many of our families view our lives through the lens of tradition.

Our families don't "get" us through gay pride parades, drag shows or Dykes on Bikes. But rather can better understand us when we do things they like to do: getting married, having kids, baking cookies.

I have seen firsthand how the tradition of marriage (or the compromise: civil unions) dramatically changes how straight family members view us. It sometimes only takes a few hours of toasts, drinks and dancing to actually see progress happen. We change minds by changing hearts.

Secondly, it's about equality.

If two couples of the opposite sex who have known each other five minutes can get hitched (or even those in arranged marriages, in prison, etc.), then same-sex couples together for five minutes or 50 years should have that same right. It's basic.

And thirdly, it's about money.

The fight for equal marriage rights is actually mostly about economic inequality. There are more than 1,000 benefits of marriage, some of the biggest being federal (inheritance tax, social security benefits, etc.) There are millions of lesbian, gay, bisexual and transgender families who pay a high "gay tax" for being different. It has bankrupted some and forced others out of their homes.

Frankly, I wish the federal government, and state governments, would get out of the business of marriage altogether.

People should be allowed to designate their survivor benefits, inheritance, pensions, health benefits, child custody, and other areas through normal legal channels.

There should not be a government-sanctioned bias towards two people who just happen to be married, same-sex or opposite-sex.

But while that bias exists, it needs to be equally applied.

As someone who has covered the gay community for almost three decades, I can see why not everyone understands why marriage is important. It may even seem like a "luxury" issue, one that can wait until other goals are achieved. But marriage is not severable from key quality of life issues, and, in fact, by advocating for full marriage, the gay rights movement has inadvertently pulled other issues further along with it.

Our allies placate the community with "lesser" victories, while we keep our eye on the full-equality prize.

We are at an important crossroads; it's a tipping point along the arc of justice.

While the gay community will never convince the most conservative among us that we should have the right to marry (and divorce), what is most upsetting is when our allies, including the president, stop short on this issue.

Many support gays putting their lives on the line in the military, equal adoption and foster care rights, hate crimes legislation and AIDS funding. But marriage vexes them.

While Obama's political views are what is most important, and he has said he is against the Defense of Marriage Act -- it is his personal view that is most interesting, because it does reflect a stripe of the political spectrum.

It is a narrow band of people who "like us" but say: why not settle for civil unions?

If you truly believe we as gay, lesbian, bisexual and transgendered citizens are equal in all ways, there should be nothing in the way of your support for full equality. If you ask us to compromise, to settle for unequal civil unions; you are saying, in no uncertain terms, that we are not the same.

Tracy Baim is publisher of Windy City Times newspaper. She is the author of several books, including Obama and the Gays: A Political Marriage. Contact: editor@windycitymediagroup.com.

 

Follow Tracy Baim on Twitter: www.twitter.com/windycitytimes1

 
 
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nopojoe
You can never have too many friends. Or enemies
10:42 AM on 07/06/2011
I see 'marriage' as a religious term, where civil unions are the States actual power to join two people, regardless of orientation. States have divested themselves of the responsibility to perform these unions, finding it more convenient and perhaps less confrontational to let churches have a large part of the duty. If you notice Prince Ranier and his wife were joined in a civil union the day before their wedding. This is Frances response, perhaps reflecting a rejection of the Catholic Church and its history in Europe.
I share that same rejection of religion, and feel its not any religions right to control the joining of two people in a mutually agreed relationship for legal and social standing. But now that they have that power, many religions are reluctant to surrender that power. As much as anything, its an issue of control. Imagine my surprise.
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JAT3
For every action there is a reaction...
09:05 AM on 06/28/2011
From what I understand is that GLBT people want the definition of marriage to apply to their relationship in order to have all the things that a heterosexual couple would get.

I'm curious if any GLBT couple would be accepting of CU relationship as the definition of their relationship if able/was given the same things heterosexual couple gets would be acceptable?
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06:54 PM on 06/26/2011
The churches, according to their religious tenets, can marry, or not, any that they choose....as far as I am concerned. The most the government should be able to do is to recognize theses church marriages as civil unions....for legal purposes. And of course, if you don't care to have the church involved...civil unions should be available to all citizens....for the same legal purposes.
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Flip75
What's wrong with my micro-bio?
08:11 PM on 06/26/2011
The government doesn't need to recognize church marriages, as those marriages require a license from the government in order to be valid. Besides, not all married couples (straight or gay) choose to marry in a church - my parents were married at City Hall, and were no less a couple than one who had their legal union blessed in a church.
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Contact1972
Honey Badger Don't Care
12:06 AM on 06/27/2011
The churches however cannot give GLBT married couples the over 1000 Federal rights.
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halfpricefaustian
Voted for Obama. Waiting for Godot.
12:19 PM on 06/25/2011
I would like someone to ask Obama how he feels about marriage vis-a-vis the equal protection clause and the full faith and credit clause of the constitution. He specifically needs to answer if those clauses apply to marriage and if not, why not. Maybe then he'll figure out how embarrassing his intellectual position is as someone who used to teach constitutional law.
07:53 PM on 06/26/2011
Thank you! He is an intelligent man, and he must realize how foolish he looks trying to straddle a moral issue of equality. I know it is all being done to try and appeal to voters (undoubtedly people who would not vote for him anyway). But, you nail it when you describe how embarrassing and ridiculous his position really is. I am your newest fan.
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Eris23
Justice is in indefinite detention.
08:08 AM on 06/27/2011
This is a man who has decided not to prosecute torturers. Truth is, the day of caring about Constitutional Law, or being able to use outside of anything but election gimmicks, is long over for him. He's no longer a Constitutional expert, scholar and defender. He's simply a politician.
10:44 AM on 06/25/2011
Redefining marraige to mean nothing at all
11:32 AM on 06/25/2011
That's funny.

Does your wife know that I habe managed to redefine your marriage to mean nother?
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Andrew Getting
Not Paul Giamatti.
12:06 AM on 06/27/2011
Semantic drift happens. Society changes. This affects you how?
12:56 AM on 06/27/2011
Dear Andrew, you've answered the question already, change is not always for the better, and society changes will affect us for generations to come in ways we do not see now. There are changes to be made right now, (the broken contract to help our fellow citizens , Black Americans, who had suffered a deep Historical damage in every way imaginable. 40 years ago we introduced affirmative action to repair damge we had done to the Black American, and this has been so inappropriately implemented as to have arguably had no effect or help to the majority of Black Americans whose future is more bleak than 40 years ago.
Civil Unions were and are a way of meeting injustice now
12:56 AM on 06/27/2011
Redefining marraige and family are matters that could well be dealt with over much longer periods. A strong argument was made by Pat Moynihan about policies that damage families some 40 years ago, warnings that we ignored,and are now understanding the damage we have done, in creating permanent underclasses with no hope. Frankly white middle class people have fantasies about how marvelous things are. As the College graduate, high earning segment of America, has developed lower and lower divorce rates, remarkably so< divorce rates have soared among the blue collar working class, family breakdown increased, and much of that a result of both liberal and conservative policies made by comfortable white middle class americans who never come close to the social engineering damage that they do.

SSM is no panacea for any group, and most gays have made clear that they intend this as part of a redefinition of marraige. 2.8% of the population, whose lives and lifestyles and cultures are not normative, are not a reason to redefine an instituion of millenia in a few years, Many gays did argue that Civil Union was a fair step, to meet injustices.
10:27 AM on 06/25/2011
Hopefully the Libertarian side of the party gains power there may be more and more Republicans who support gay marriage. I support it though I would prefer government get out of the marriage business altogether. Until then anyone should be allowed to marry!
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ArjenBoatsma
No such thing as too much coffee.
10:26 AM on 06/25/2011
A tremendous amount of the discussion about gay marriage is simply lost in the terminology.

Basically, "marriage" is a standard contract between two people that spells out certain rights and obligations for the partners. It has nothing to do with romantic love, but everything with property and decision making making powers. It has, at its heart, even less to do with religion, although religion has appropriated the ceremony.

In The Netherlands, a marriage is only valid for the law if it is executed at City Hall, by a duly empowered civil servant. So it is a civil union, but it is called marriage. If the newly weds so choose, they can also celebrate their marriage in a church, or any other place of worship of their choosing. A religious ceremony, without the civil ceremony, is NOT a legal marriage.

The confusion in this country runs largely along religious lines, because the legal execution of the marriage contract is so (too?) closely tied to the religious ceremony.
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MarcoLuxe
BS; JD
05:44 PM on 06/25/2011
I blame the California Supreme Court for being too timid to outlaw marriage for all. They first declared that gay couples must have equal rights, but then later ruled on Prop 8 that straight couples could keep the term marriage for themselves unequally. They should have cohered their first ruling and Prop 8 by stating that the people of CA chose to make the term marriage apply unequally, that no one gets to use it in the civil sphere. It should have been civil unions for all..... except that CA doesn't have civil unions, it has domestic partnerships, and no one really wants something as commercial sounding as a domestic partnership.
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06:30 AM on 06/25/2011
Drop the tag 'marriage' as that denotes a religious ceremony and the idea that You want to circumvent a whole religion, and will automatically turn away many potential supporters, I know it sounds like a small thing, but if the civil ceremony were to be made equal, and I believe it should, would You support it?
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Flip75
What's wrong with my micro-bio?
08:14 PM on 06/26/2011
Newsflash: for straight people, the civil ceremony is already equal. And it happens to be called "marriage." That term does not automatically denote a religious ceremony.
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05:32 PM on 06/27/2011
So if it is already equal, what is the problem?
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Sanity Inspector
He who laughs, lasts.
11:13 PM on 06/24/2011
If the gay version of matrimony was to be rebranded "Imitation Marriage", that would be more honest.
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AdamWest1313
Hardcore Agnostic
03:55 AM on 06/25/2011
No, it really wouldn't. Their love is the exact same as heterosexual love, so their marriage should be the exact same as heterosexual marriage.

THAT is honest.
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Contact1972
Honey Badger Don't Care
03:41 PM on 06/25/2011
But all the straight marriages that end in divorce are real marriages?
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LMPE
I connect the most dissimilar things
10:36 PM on 06/26/2011
I don't know. Ask Newt Gingrich!
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Sanity Inspector
He who laughs, lasts.
02:41 PM on 06/27/2011
Yes, they are real marriages that failed, like the Whydah was a real ship that foundered.
10:57 PM on 06/24/2011
I totally agree with you. Things must be fair and equal, period. This is logical to me, choice of partner should not matter. I can honestly admit I do not understand the other side of the debate.
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Tyler Austin
Decentralized Commons and PR voted Senate please.
09:57 PM on 06/24/2011
Why is the definition of marriage decided by Christians anyways? They'll go to the 'one man, one woman' definition every time. But I know a bunch of gay couples who are not Christian... so why is that faith able to decide if two loving adults should or should not be married?
If you cannot force your religion on others, why can you force your religious laws on others?
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Ioan Lightoller
Proud Married Gay Pagan Man
10:08 PM on 06/24/2011
This is an excellent question. I am not Christian, but Pagan and my religion would gladly offer legal marriage to GLBT couples. Where are OUR rights? No one has ever answered that.
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Tyler Austin
Decentralized Commons and PR voted Senate please.
01:43 AM on 06/27/2011
Blessed be.
In theory all religions have the same rights, but in practise the social bounds of entrenched beliefs have far more weight then the law. It's really just ignorence of other traditions because 'marrige' has always been defined a certian way.
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mlambush
My micro-bio is half-full
12:44 AM on 06/25/2011
That's a pretty strange generalization to make considering the nations that have approved gay marriage are all majority Christian.
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Tyler Austin
Decentralized Commons and PR voted Senate please.
01:15 AM on 06/25/2011
And in all of those countries the main opposition was the Christian Church.
Also in all these countries the main argument was the opposition of seccular laws agaisnt traditonal Church laws that are, of course, Christain.

What is your point exactly?
09:48 PM on 06/24/2011
Another major federal right, immigration, which is federally administered, is often ignored in the argument that it is up to individual states to legislate marriage. There are now 10 countries, all major U.S. allies that recognize marriage between two individuals regardless of their gender (i.e same-sex marriage are legal along with opposite-sex marriage) They are the Netherlands, Belgium, Spain, Canada, South Africa, Norway, Sweden, Portugal, Iceland, and Argentina. If you have a legal marriage in those countries and are granted a visa or green card you will be treated differently if your spouse is the same or opposite sex from you. If your spouse is of the opposite sex your spouse is almost certainly granted a spousal visa to accompany you to the U.S.. If your spouse is of the same sex as you your legal marriage is not recognized and they cannot come. The U.S. is loosing out on a lot of talented individuals because of this discriminatory policy and will soon lose my husband and I as I, a man, have only been able to stay in the U.S. under a student visa while my husband has a green card. It will be your loss of two dedicated and talented people.
02:36 AM on 06/25/2011
We'll gain two others who are probably just as dedicated and talented. Stop thinking you're special. We're all equal, right? No one cares that you aren't a valid immigrant. That's called life. Stop acting like you need special treatment but fight for 'equality'. Millions of people apply to the US through immigration, there is a system in place, that's how it goes. Sucks for you if you're lost in the shuffle. Again, you are nothing but another number. Welcome to America where we're all 'equally' worthless.
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Contact1972
Honey Badger Don't Care
12:01 AM on 06/27/2011
Millions of people apply to the US through immigratio­n, there is a system in place, that's how it goes
*************************************
Due to DOMA we CAN'T apply like straight people can.
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Contact1972
Honey Badger Don't Care
12:01 AM on 06/27/2011
Thank you for mentioning the immigration inequality that GLBT's have to go through. As a gay man in a binational relationship-I thank you again.