Why Rhode Island stands alone in New England on same-sex marriage
01:00 AM EDT on Saturday, May 9, 2009
By Cynthia Needham
Journal State House Bureau

PROVIDENCE — The passage of same-sex marriage legislation this week in Maine and New Hampshire leaves Rhode Island the only New England state that has not legalized such unions.

Supporters of gay marriage and its sharpest critics agree that the Ocean State remains unlikely to approve same-sex unions for some time, a prospect they attribute to resistance from the administration on Smith Hill and the state’s powerful religious influence.

Rhode Island’s top political leaders and its Catholic bishop are united against the issue, proud that they have thus far protected the institution of marriage despite pressures from surrounding states.

“It should not be for us a source of embarrassment that we are the only state that does not recognize gay marriage. It should be a source of pride,” Bishop Thomas J. Tobin said this week.

Governor Carcieri, too, is adamantly opposed to same-sex marriage, routinely speaking out against it. “I think we should be doing everything we can to protect traditional marriage,” he said on the day Vermont passed its law.

House Speaker William J. Murphy and Senate President M. Teresa Paiva Weed have also voiced opposition.

Only House Majority Leader Gordon D. Fox, an openly gay man, supports such unions.

But he acknowledges that, despite 12 years of effort and a swell of support from lawmakers –– 31 of 73 House members co-signed this year’s gay marriage bill –– the legislation will not pass without backing from the key state leaders.

“I’ve never shrunk from speaking for it, but it would be nice to have a partner in crime that says ‘Let’s do this’…” he said.

Some gay-marriage advocates have criticized Fox for not pressing the matter himself.

Not once in a dozen years has a gay-marriage bill made it out of committee.

“It’s a frustrating issue for me personally because of who I am and what I represent,” Fox responds. “It’s hard not to take it personally sometimes … but part of my job as majority leader is getting consensus. You ask why I don’t push this? That’s one of the reasons. I represent the majority and sometimes my own personal opinions have to take a back seat.”

Murphy has a standard answer to the gay marriage question. “A marriage, in my eyes, is between a man and a woman.”

Paiva Weed is also firm on her opposition, but has said she would consider recognizing civil unions.

THE 2010 election, however, could change the political tide in Rhode Island. Among the fleet of likely candidates vying to succeed Carcieri, whose term is limited, nearly all support the issue to some degree — a hint that the next administration may be more likely to embrace it.

Change may also be afoot in the House. Though Murphy has not announced his intent, when he does leave office, Fox is widely considered to be the top contender to succeed him.

It’s more than politics at work, however. The Providence Diocese has lobbied aggressively against the measure, regularly appearing at the State House.

On April 23, Bishop Tobin penned a column in the diocese’s newspaper, Rhode Island Catholic, imploring fellow Catholics to take a stand. “The march toward gay marriage across our nation is relentless, and liberal New England is leading the way,” he wrote.

In an interview this week, Tobin said regular people must take a stand. “I do not believe it is inevitable that Rhode Island will support gay marriage.” Rhode Island is the most heavily Catholic state in the nation. “The Catholic Church is a force in this state and they have obviously voiced their opposition and have actively, actively worked against the issue here,” Fox noted. “That has an impact.”

In 2004, Massachusetts became the first New England state to legalize same-sex marriage and last fall, a court decision allowed Connecticut to start allowing such unions. This spring, Vermont and now Maine followed. (Opponents in Maine have filed a challenge which could delay implementation and initiate a ballot initiative). New Hampshire has also voted to legalize gay marriage; Gov. John Lynch is now deciding whether to sign the bill.

Invariably, attention will now turn to Rhode Island, said Boston University School of Law Prof. Linda C. McClain, who has written about same-sex marriage. “Obviously, we’re seeing a sense of momentum developing and, depending on your political view, that’s either a very good thing or a very bad thing,” she said.

INDEED, INTEREST groups on both sides of the debate have ramped up public campaigns.

The Boston-based Gay & Lesbian Advocates & Defenders launched its “Six by Twelve” initiative, a push to extend marriage rights to same-sex couples in all six New England states by 2012.

With Rhode Island the sole holdout, local advocates are working to lay the groundwork for change, even if the real promise does not come until the next governor, said GLAD lawyer Karen Loewy.

Kathy J. Kushnir, executive director of Marriage Equality Rhode Island, is optimistic change will come before then. Rhode Island is one of the few states that have not passed a Defense of Marriage Act and it has passed laws that extend limited rights to domestic partners.

Kushnir’s hope is that successes in surrounding states will prompt supporters to shift their efforts, and their resources, to Rhode Island.

“Sitting back is not an option, because people’s lives are affected,” she said.

Supporters hope that victories in other states will convince lawmakers that change is about civil equality.

“It’s a matter of respect,” said Fox.

Gay-marriage opponents will continue their fight.

“To read the press and hear the media you would think the entire country has embraced the social experiment called same-sex marriage,” said Christopher Plante, director of the newly formed Rhode Island chapter of the National Organization for Marriage, which opposes same-sex unions.

Plante will be among those on both sides of the issue who will crowd a hearing Wednesday on a same-sex marriage bill by Rep. Arthur Handy, D-Cranston.

“It is amazing that four centuries after Roger Williams founded this great state on liberty and individualism, Rhode Island again stands alone in New England, holding back a tide of cultural revolution and belief that would radically change our families and communities,” Plante said.State by state

•Connecticut: The state Supreme Court ruled in October that same-sex marriage is legal. The General Assembly passed a measure affirming the decision, and Gov. Jodi Rell signed it into law.

•Maine: The General Assembly passed and Democratic Gov. John Baldacci, on Wednesday, signed a law allowing same-sex marriage.

•Massachusetts: The state Supreme Judicial Court ruled in 2004 that same-sex marriage is legal.

•New Hampshire: The General Assembly this week passed a bill allowing same-sex marriage. Democratic Gov. John Lynch hasn’t decided whether to sign it.

•Rhode Island: Legislation to allow same-sex marriage is pending in the House and Senate; similar legislation has failed annually for 12 years.

•Vermont: The General Assembly overrode Gov. Jim Douglas’ veto and passed a law allowing same-sex marriage, effective Sept. 1.