States boost same-sex marriage fight

Supporters: Polling suggests approval for same-sex marriage on upward trend

Author: By Michael Pearson CNN
Published On: Feb 21 2012 04:40:30 PM CST  Updated On: Feb 23 2012 07:22:35 AM CST
(CNN) -

More than two decades ago, when the issue of same-sex marriage first broke into the national consciousness, a gay couple couldn't dream of getting married.

A decade ago, no state would allow it, and more than two-thirds of Americans opposed it, according to national polls.

Now, some 12% of Americans live in states that allow, or soon will allow, gay marriage. And polling, supporters say, suggest approval for same-sex marriage is on a quickening upward trend.

So is the debate over same-sex marriage finally nearing an end game?

With ballot fights in four or five states this year and court battles in a dozen states, supporters of gay marriage are hardly ready to declare victory.

But, they say, it's now it seems only a matter of time.

"We could see a nationwide victory as soon as one to two years. It could also take as much as 10 years," said Evan Wolfson, president of Freedom to Marry, which favors recognizing a right to marriage for gay couples.

Opponents, however, couldn't disagree more.

Citing the 31 states in which voters have approved measures defining marriage as a union between a man and a woman, National Organization for Marriage President Brian Brown said he doesn't believe polls saying that a majority of Americans now support same-sex marriage.

"We've seen these false polls before. That hasn't changed," said Brown.

"The reality is that in these 31 states, everywhere we've had a vote, is that voters have said they believe marriage is an institution between a man and a woman," Brown said.

Currently, six states and the District of Columbia issue same-sex marriage licenses.

They are Connecticut, Iowa, Massachusetts, New Hampshire, New York and Vermont. None of those same-sex laws were approved by the electorate.

Lawmakers in Washington approved same-sex marriage last week, as did New Jersey lawmakers - although Gov. Chris Christie quickly vetoed that legislation.

Washington's law would go into effect in the summer unless challenged - which is likely, according to Jack Tweedie of the National Conference of State Legislatures.

Maryland could join the list soon, if the state Senate approves a bill legalizing same-sex marriage and Gov. Martin O'Malley signs it, as he has promised to do.

A state Senate committee voted Tuesday to refer the bill to the full Senate, according to CNN affiliate WBAL.

Five other states - Delaware, Hawaii, Illinois, New Jersey and Rhode Island - allow civil unions that provide rights similar to marriage.

Legislation was introduced last week to allow same-sex marriages in Illinois, and holdover bills from 2011 remain technically active in Hawaii and Minnesota, Tweedie said. It's unclear whether any will see significant action, he said.

An effort is also under way to put a proposal to legalize same-sex marriage on the November ballot in Maine, where voters previously overturned a 2009 state law authorizing same-sex marriage.

Meanwhile, voters in Minnesota and North Carolina will consider proposals in November to ban gay marriage in those states. New Hampshire lawmakers may also consider a repeal of its same-sex marriage law, according to the National Organization for Marriage.

Voters will likely also get a chance to endorse or reject Washington's new law, as well as the legislation in Maryland, if it is passed.

Finally, lawsuits seeking to expand civil unions or turn back laws banning same-sex marriages are working through the courts in at least 12 states, according to the National Organization for Marriage, including Hawaii, Minnesota and California - a pivotal battleground.

In California, a federal appeals court recently ruled against a voter-passed referendum that outlawed same-sex marriage. It said such a ban was unconstitutional and singled out gays and lesbians for discrimination. The case appears to be eventually headed to the U.S. Supreme Court.

Brown said Democratic legislatures - not voters - have been behind most of the recent action on same-sex marriage. Upcoming ballot initiatives will give voters an opportunity to refute the polling, and Brown says they will.

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