Dec 02 2003
Still not equal
Washington — Former Vermont Gov. Howard Dean is widely regarded as a champion of gay rights after signing a pioneering civil union measure that he called “the beginning of the end for discrimination against any American.”
Yet Dean, who speaks emphatically on the right of same-sex couples to receive the same legal privileges as anyone else, is hesitant to extend his demand for equality to the institution of marriage.
“I think that’s up to the people of each state,” Dean said Monday in an interview with The Chronicle. “We did not do gay marriage in Vermont. When I had the chance, we chose not to do it. But I’m not going to make a value judgment about the rights of other states to do what they want.”
Dean, who has surged ahead of his Democratic rivals in his quest for the party’s presidential nomination, defended his posture in favor of gay civil unions but not marriage, saying: “It’s not what it’s called. It’s the equal rights we need to focus on.”
The question of gay marriage, thrust into the forefront by a Massachusetts court’s ruling last month that same-sex couples cannot be excluded from the institution of marriage, is likely to become a contentious issue in the 2004 campaign. Religious conservatives are pushing President Bush to support a constitutional amendment to bar same-sex marriages, something the White House has indicated Bush is considering, but has not yet decided. Democrats are divided over whether to support gay marriage or a civil union measure such as the one Dean signed as governor of Vermont.
Dean, in his most extensive comments since the Massachusetts’ court ruling, outlined a position on gay marriage that is complicated by jurisdiction, constitutional rights and nuance. He opposes a constitutional ban on gay marriage. He supports full equality on matters including filing joint tax returns, Social Security benefits, immigration and hospital visits. But he does not give a simple answer on whether he supports, or opposes, gay marriage.
“Marriage started out as a religious institution, and most people still think of it that way,” Dean said, explaining why Vermont — which, like Massachusetts, was under a court order to provide rights to same-sex couples - - rejected marriage in favor of civil unions. “We focused on the notion of equal rights under the law for every American. And civil unions grants that.”
(snip)
Bush has spoken out against gay marriage but has given mixed messages about whether he supports a state’s right to offer civil unions. His aides say White House lawyers are studying a constitutional amendment that would ban same-sex marriage.
If elected president, Dean said, he would not promote gay marriage because it is a state issue, not a federal one.
“We will not be pushing gay marriage because that is not the province of the federal government,” Dean said. However, he would extend federal rights now provided to married couples — including joint income taxes, Social Security and inheritance benefits and hospital visitation rights.
So why embrace civil unions rather than simply marriage, which Canada legalized earlier this year?
“Because it’s easier,” Dean said. “And the religious connotation of marriage makes gay marriage a very difficult issue. It is a religious issue. You can’t get away from it. You can say, well, some marriage is civil and some is religious, but people in this country think of marriage as a religious institution.”
As I’ve written here before, this is the one area in which Governor Dean and I part paths. You cannot leave a matter such as this up to the states. Had the civil rights issue in the 1960s been left up to the states, we’d still have “Whites Only” restaurants and rest rooms in the southern states. This is, and must be, an issue for the federal government to deal with. History has proven that equal rights cannot be a matter for individual states to legislate.














