OP-ED Major setbacks for equal rights

Author: Kevin Moss

Last week's election was a victory for democracy and for the reputation of the United States in the world. Americans united in unprecedented numbers and elected a brilliant, charismatic, biracial man from humble beginnings to be our next President. Like many, I was more excited about this election than any other I have voted in. But for some of us, the results of the elections did not come as an overwhelming repudiation of prejudice and bigotry. In three states (FL, AZ, CA) a majority of voters decided to deny the right to marry to same-sex couples. Arkansas voted to deny unmarried couples - which necessarily include same-sex couples - the right to adopt. Prejudice is alive and well in the US, in spite of what the majority of the pundits may write.

The passage of Proposition 8 in California is particularly depressing. Two weeks ago a columnist in the Campus made a flippant comment about the ballot measure and didn't even seem to have a strong opinion about it. Eliminating rights for citizens? What's the big deal? People in Vermont may not be aware that $74 million - more than was used in any other campaign except for President - was spent in the battle over Proposition 8. The stakes were high because in May the California Supreme Court had found that "retaining the designation of marriage exclusively for opposite-sex couples and providing only a separate and distinct designation for same-sex couples may well have the effect of perpetuating a more general premise - now emphatically rejected by this state - that gay individuals and same-sex couples are in some respects 'second-class citizens' who may, under the law, be treated differently from, and less favorably than, heterosexual individuals or opposite-sex couples." That "second-class citizenship" is now what Californians (funded mostly by Mormons and various other religious groups) have amended the California constitution to establish.

52 percent of California voters actually said yes to a ballot measure with a description that began with the words "Eliminates the right…" Across the country, and especially in California, where 18,000 couples had already married since June, people are angry. There have been daily demonstrations across the state. Melissa Etheridge has suggested she may not pay taxes to a state that now officially considers her less than heterosexual citizens. There are movements to boycott Mormon-owned businesses and the entire state of Utah. In Vermont I suspect we will redouble our efforts to upgrade from Civil Unions - which were OK as a compromise back in 2000 when marriage was unfeasible - to full marriage, like our neighbors to the north and south.

Of course there is a silver cloud behind this dark lining. President-elect Obama was the first candidate to mention "gay and straight" in his acceptance speech, and he said he will do everything he can to give us equal rights before the law. Unlike McCain and Palin, Obama and Biden were both on record against Proposition 8, but they also said they believe marriage is between a man and a woman. I understand it would have been political suicide for them to support marriage for same sex couples, but I wish we lived in a country that was really fair and free of prejudice, a country where candidates could support marriage and still be elected. Then I would be able to celebrate unreservedly along with my friends and colleagues.