Inevitability
Published: March 7, 2004
…The controversy over same-sex weddings has obscured the remarkable transformation in opinion over civil unions. Less than 20 years ago, the United States Supreme Court enthusiastically upheld a Georgia law making gay sex a crime. Last year, the court reversed itself, and a national consensus seems to be forming that gay couples have a right to, at the least, enter into civil unions that carry the same rights as marriage. Even President Bush, who has endorsed a constitutional amendment to prohibit gay marriage, has suggested he had no problem with states' recognizing civil unions.
Civil unions, with rights similar to marriage, are a major step, but ultimately only an interim one. As both sides in the debate agree, marriage is something more than a mere bundle of legal rights. Whatever else the state is handing out when it issues a marriage license, whatever approval or endorsement it is providing, will ultimately have to be made available to all Americans equally.
To the Virginia judge who ruled that Mildred Jeter, a black woman, and Richard Loving, a white man, could not marry, the reason was self-evident. "Almighty God created the races white, black, yellow, malay and red, and he placed them on separate continents," he wrote. "And but for the interference with his arrangement there would be no cause for such marriages." Calling marriage one of the "basic civil rights of man," the Supreme Court ruled in 1967 that Virginia had to let interracial couples marry. Thirty-seven years from now, the reasons for opposing gay marriage will no doubt feel just as archaic, and the right to enter into it will be just as widely accepted.
