Faculty in the News
charles baron
The Christian Science Monitor
March 11, 2004
Copyright 2004 The Christian Science Publishing Society
Politicians hit a hot button
By Noel C. Paul and Sara B. Miller Staff writers
Massachusetts lawmakers will reconvene Thursday to continue work they left unfinished
a month ago: deciding how to handle the sensitive question of gay marriage.
But even as the Bay State remains a key battleground, a host of officeholders
from Chicago's mayor to a county clerk in northern New Mexico have mounted their
own bully pulpits. The wrangling in Massachusetts, prompted by a 2003 court
ruling, is no longer the centerpiece of this national debate. Instead, a series
of officials both powerful and parochial have helped push gay marriage to the
fore in multiple locales. Vowing to "go with the law" may for now
be the politically safe course, yet it is becoming harder for elected leaders
to avoid entering the debate.
New York City Mayor Michael Bloomberg, for one, was pilloried by advocates on
both sides for not taking a clear stance. Recently he appeared to support gay
marriage in a meeting with gay journalists, but has not taken a public position
beyond supporting civil unions, despite lines of New Yorkers last week demanding
same-sex marriage licenses, and the recent move by the mayor of New Paltz, N.Y.,
to marry 25 gay couples.
The example highlights how, if a few public figures have voluntarily taken a
stand on gay marriage, others are being pressed by circumstance to play hands
they would have just as soon kept close to their chests.
"Politicians have to make instant decisions, like day traders," says
Chris Lehane, a Democratic consultant in San Francisco. But with a majority
of Americans opposed to gay marriage, he says, "Who wants to take the stand
right now?"
Like Bloomberg, California Gov. Arnold Schwarzenegger, also a Republican, wavered
- and finally softened - his stance on gay marriage. In a recent appearance
on the "The Tonight Show with Jay Leno," he said it would be "fine
with me" if courts or voters change state laws to make gay marriage legal.
Winners and losers, politically
Whether or not this is "waffling," such positions - often emphasizing
"upholding the law" - may ultimately be the politically safest stance
to take, as it represents the ambivalence that many Americans feel, say experts.
Those pushing hardest on either side of the battle, could face harsher consequences.
"The most strident voices on both sides on this debate are going to be
the losers," says Dan Schnur, a California Republican consultant. "The
people who sound the most measured are going to do the best job of developing
public support."
In San Francisco, Mayor Gavin Newsom has issued thousands of marriage licenses
in the past month. His popularity rating has surged in the city. "But once
you cross over the Bay Bridge, it's a big world out there that might not be
as receptive," says Mr. Schnur.
When the mayor of Elmira, an old industrial town of New York with a population
of 30,000, saw events unfolding in California, he went right to the city clerk,
saying under no circumstance would marriage licenses be granted to gay couples
in his town. "I am unwavering in my belief that the bonds of matrimony
are to be between a man and a woman," Mayor Stephen Hughes says.
To date, no gay couples have approached him seeking a marriage license - as
they have in other towns and cities across New York, where there is a higher
tolerance for an "anything goes" lifestyle, Mayor Hughes says.
Still, just as civil unions were a radical notion five years ago - having since
become something of the centrist position - some experts say gay marriage is
likely to be the norm over time. According to a Christian Science Monitor/TIPP
poll, only 16 percent of voters over age 65 support gay marriage, while 41 percent
of voters between ages 18 and 24 do.
The political high ground could shift over time. Boston College law professor
Charles Baron (website),
for one, compares governors' stances on gay marriage to those against desegregation
in the 1950s. "Those governors who did resist it have gone down in history
as villains," he says. The same could be true of public officials so adamantly
opposed to gay marriage today.
Meanwhile, grass-roots efforts to marry gay couples continue. On Monday, a city
clerk in Asbury Park, N.J., cleared the way for two men to wed there. And earlier
that day, Seattle's mayor said he'd recognize the marriages of same-sex city
employees who marry in other states.
Legislatures well beyond Massachusetts, continue to tackle the issue. On Tuesday,
lawmakers in Michigan blocked a bill that would have permitted voters to decide
whether to amend the state constitution to ban gay marriage. Kansas and Wisconsin
both moved closer to changing their constitutions last week.
Impact of leaders' views
For gay rights advocates, public support from elected officials like Schwarzenegger
is encouraging. "He does have the power of his celebrity and now the visibility
of his new public office, so those who may be undecided or less familiar with
the issue may be encouraged to give it an open-minded consideration," says
Mark Leno, an assemblyman from San Francisco.
But few experts believe the rhetoric and actions of politicians has significantly
altered public opinion. Even when Chicago Mayor Richard Daley came out in support
of gay marriage last month, it "didn't make a splash," says Tom Smith,
a survey researcher at the University of Chicago. "Conversation locally
has died down now."
Attorneys general across the country have been left to enforce the laws of their
states, sometimes adding their own caveats. New York Attorney General Eliot
Spitzer issued a legal opinion saying gay marriage was illegal in the state
(New Paltz Mayor Jason West faces misdemeanor charges) but added that he wished
it weren't so.
Attorney General Henry McMaster of South Carolina, meanwhile, was unapologetic
in his views - as he watches mayors breaking state laws across the country.
"Public officials may not agree with the law, but they've given an oath
to support the law, so they ought to do it," he says. "If they find
it so repugnant, they ought to resign."
(c) Copyright 2004. The Christian
Science Monitor