Justin's Political Corner

A year ago, when Vice President Joe Biden revealed in a television interview that he supported same-sex marriage, such unions were legal in six states.

Springfield, IL — Legislators have returned to Springfield this week, and numerous activists are asking whether this could be the week that the House will vote to make Illinois the 10th state permitting same-sex marriage.

The Religious Freedom and Marriage Fairness Act passed the House Executive Committee in a narrow 6-5 vote Feb. 26, and the full state Senate Feb. 14. Should the legislation pass the House, the bill’s passage is all but guaranteed. Gov. Pat Quinn has long assured marriage equality advocates that he will sign the legislation, and today told Windy City Times that he thought the vote was close.

“We’ve been talking to house members of both parties, really dozens of them,” Quinn said. ”I’m really optimistic we’re within striking distance. Hopefully between now and the 31st of May, Greg Harris, our sponsor, will find a moment to call the bill for a roll call.”

Several other lawmakers have picked up the baton as well, among them House Speaker Michael Madigan, who suddenly announced back in March that the bill was 12 votes shy of passing, had publically expressed his desire to see the bill pass. His daughter, Illinois Attorney General Lisa Madigan—whose office last year intervened on behalf of 25 couples who sued the Cook County Clerk’s office for the right to marry—penned an April 24 Chicago Tribune editorial in support as well. She wrote, “Legal arguments aside, this issue at its heart is about one of the most fundamental decisions we can make — with whom to share our lives. In every community in Illinois, same-sex couples have chosen to join together and, in many instances, to raise families of their own. … They deserve the same rights and responsibilities that civil marriage offers straight couples.”

Some support has started to stream in from across the aisle, as some GOP politicians started to speak out on behalf of gay marriage. Sen. Mark Kirk on April 2 said he supported the legislation, owing to a change of perspective brought on by his near-death experience. ”Same-sex couples should have the right to civil marriage,” said Kirk in a statement. ”Our time on this earth is limited, I know that better than most. Life comes down to who you love and who loves you back — government has no place in the middle.”

Illinois GOP Chairman Pat Brady Saturday contended with two unsuccessful attempts to oust him as party chairman, led by anti-gay state Sen. Jim Oberweis (R-Sugar Grove), over his support for same-sex marriage. 

Many activists and politicians contend that a large number of GOP House members support the legislation in private but are to afraid to vote yes for fear of a backlash from constituents. Activists have thus continued efforts to lobby and educate them, along with reluctant Democrats. Organizations such as Equality Illinois, Lambda Legal andThe Civil Rights Agenda have repeatedly called upon residents to contact their legislators to both urge them to vote yes and share connections with gay and lesbian family and friends.

“Every day until this passes, people need to be in touch with their representatives—let them know that the people of Illinois want this brought to a vote,” said Bernard Cherkasov of Equality Illinois in March. 

But marriage equality advocates aren’t the only ones calling Illinoisans to action. The conservative website Illinois Review reported April 30 that constituents of State Reps. Bob Rita (D-Blue Island), Elgie Sims (D-Chicago) and Art Turner (D-Chicago) are receiving robo-calls urging them to ask their legislators to vote no on the legislation. The calls feature former State Sen. James Meeks and are funded by the National Organization for Marriage. They reportedly stem from a coalition between some African American ministers, Hispanic ministers and the Chicago Archdiocese, according to Illinois Review.

H/T: Chicago.GoPride.com

But after a full month of maneuvering in which a bill to legalize same-sex marriage seemed pretty much stalled in the Illinois House, there are signs that the logjam could break soon:

Key lawmakers on both sides of the aisle, speaking on background, say they expect the bill to pass in the next month, sending it to the desk of Gov. Pat Quinn, who has promised to sign it. At least a few Republicans are on board, with House GOP Leader Tom Cross publicly neutral but privately said to be helpful.

One swing representative who asked not to be named said he’ll vote “yes” but won’t publicly declare himself until the end. “I may lose my seat,” that official told me. “I don’t care. I want to be on the right side of history.”

That’s similar to statements being made by Chicago Democrat Ken Dunkin, the head of the Illinois Legislative Black Caucus, who earlier this week announced his support for the bill, explaining, “I have always believed that discrimination is wrong, no matter whom it targets.”

Indeed, African-American lawmakers likely are the most key group on this issue right now, caught between traditional civil rights concerns and religious conservatives. The announcement from Mr. Dunkin, who represents the old Cabrini-Green area on the Near North Side, may move some others.

Perhaps with an eye on a race for governor, Ms. Madigan has begun picking up the phone in recent days to urge wavering lawmakers to vote for the bill, which already has passed the Senate. More significantly, Mr. Madigan, who a few weeks ago suggested the bill was a dozen votes short, recently has begun to get more active behind the scenes, I’m told.

Best information right now is that the bill has solid support from between 55 and 57 House members. It needs 60 to pass. That’s awfully close — particularly if the Springfield powers that be really want it to pass.

h/t: ChicagoBusiness.com 

In 2011, when the General Assembly passed the law allowing civil unions, Illinois took an important step forward to recognize that gay and lesbian couples have the right to build lives together and create strong, loving families.

The civil union law, however, has created two types of marriage. As U.S. Supreme Court Justice Ruth Bader Ginsburg recently described it, we have “full marriage,” and we have “this sort of skim-milk marriage.”

Thankfully, in keeping with Illinois’ long tradition of equal protection, the Legislature is poised to do away with this watered-down alternative and legally authorize the civil marriage of individuals, regardless of whom they love.

I believe that passing the marriage equality bill is the only way to fulfill the promise of equal protection under the Illinois Constitution. While I have supported marriage equality since my days as a state senator over a decade ago, I have since conducted an extensive legal analysis that has only emboldened my support as attorney general.

A ban on same-sex marriage violates the state Constitution’s equal protection clause. The law does not allow the state or federal government to create a separate class of marriage based on a person’s sexual orientation. There is no other way to describe this than to call it discrimination. That is why, in state court, I have intervened in a lawsuit challenging Illinois’ current marriage law, and at the federal level, my office has filed briefs with the U.S. Supreme Court that support overturning California’s same-sex marriage ban and finding the federal Defense of Marriage Act unconstitutional.

Legal arguments aside, this issue at its heart is about one of the most fundamental decisions we can make — with whom to share our lives. In every community in Illinois, same-sex couples have chosen to join together and, in many instances, to raise families of their own. These couples are our relatives and friends, our neighbors, co-workers and parents of our children’s classmates. They deserve the same rights and responsibilities that civil marriage offers straight couples.

The General Assembly has worked diligently to craft a bill that would give these families that opportunity while protecting the rights of churches and religious organizations to practice their faith. With the Illinois House poised for final action on this legislation, the direction forward is clear. It is time for Illinois to join the states that recognize the value and dignity of equal rights for all committed couples.

Lisa Madigan is the attorney general of Illinois.

h/t: Chicago Tribune

In oral arguments Tuesday morning on California’s Proposition 8, the Supreme Court appeared narrowly divided on the question of whether the Constitution’s guarantee of equal protection affords same sex couples the right to marry — but a majority of the justices appeared skeptical that the case has standing and flirted with throwing it out.

Chief Justice John Roberts set the tone by asking each of the lawyers to begin by explaining why the case has standing. The other justices backed him up with a series of questions, even as all three lawyers arguing the case insisted that it was properly brought before the court.

Seven of the justices voiced skepticism, to varying degrees, about whether the case was properly before the court. At issue is whether the case was properly defended. California Gov. Jerry Brown (D) declined to defend Prop 8 in court, and the defense was undertaken by one of the original proponents of Prop 8.

“I suppose there might be people out there with a personal interest” in whether gays and lesbians should have the right to marry, said Roberts.

“On a question of such fundamental importance why should it not be left to the people?” asked Alito, who also questioned whether the judiciary ought to be able to decide whether or not to legalize same-sex marriage, “which is newer than cellphones or the internet.”

Justice Stephen Breyer said the group defending Prop 8 was “no more than a group of five people who feel really strongly that they should vindicate the public interest.”

Justice Antonin Scalia was the only one not

The justices also held a spirited debate on the merits and appeared sharply divided as to whether or not states have the right to outlaw same-sex couples from marrying.

The political and legal history of gay marriage in California is torturous. Proposition 8 was passed by California voters in November 2008 in response to a ruling by the state Supreme Court earlier that same year that found a right to gay marriage under the California constitution. Same-sex marriage had previously been banned by statute and by a referendum passed by the voters in 2000. Following the passage of Prop 8, the California Supreme Court ruled in 2009 that it was valid, but left intact and legal the gay marriages that had been legally performed before Prop 8 passed. Challenges to Prop 8 were filed in federal court and eventually made their way to the Supreme Court, but not before an exceptional amount of legal wrangling and further involvement by the California Supreme Court.

h/t: TPMDC

Rush Limbaugh asserted that same-sex marriage has never passed by popular vote, even though  several states have passed gay marriage initiatives by popular vote and polls show a majority of Americans support it. 

Discussing the upcoming Supreme Court cases on marriage equality on the March 25 edition of his syndicated radio show, Limbaugh said that “If left to a vote of the people, same-sex marriage loses every time it’s been on the ballot.” He added that “every time it’s been voted on by the people, it has gone down to defeat. That’s why the courts have to get involved”:

From the 03.25.2013 edition of Premiere Radio Networks’ The Rush Limbaugh Show:

In fact, same-sex marriage has passed by referendum in several states.  In November, Maine, Maryland, and Washington became the first states in the country’s history to allow same-sex marriage by referendum.  Citizens in Minnesota voted against a state constitutional amendment that would define marriage as only between a man and a woman.

Polls also show that a majority of Americans support same-sex marriage. 

h/t: MMFA