Special Report: Illinois takes more steps toward marriage equality

Thu. December 20, 2012 11:57 AM by Matt Simonette

Chicago, IL - Same-sex couples in Illinois are likely as close as they've ever been to having the right to marry.

"Will we be able to pass it in January? I don't know," said Rick Garcia, of The Civil Rights Agenda, who has been lobbying for marriage equality. "I do know that we're pulling out all stops to have a vote whenever we can have a vote; it's coming along at a rate that even surprises me."

State Rep. Greg Harris (D-13) added, "When you think that it took nearly three decades to basically write into law that you could not discriminate against people because of their sexual orientation, the fact that it may take just a few years to pass marriage equality is a good thing."

Last week, Harris and State Sen. Heather Steans (D-7) announced that they were preparing to call a vote on House Bill 5710, The Religious Freedom and Marriage Fairness Act, sometime during the Illinois legislature's lame duck session in January.

A number of factors went into the decision to prepare for a vote, Harris said, but chief among them was a steady increase in support for gay marriage across the country, especially reflected in the referendums that were passed by voters in Maine, Minnesota, Maryland and Washington.

"That's hugely symbolic," Harris told ChicagoPride.com. "What's happening now is folks are talking about their lives with neighbors, and are saying, ‘Gosh, we can't see why one family should be treated with less respect than another,' because they have friends and family, co-workers, and people they go to church with, who are out."

According to data released Dec. 5 by Public Policy Polling, about 47% of Illinoisans are in favor of gay marriage. While the state's residents are still somewhat divided, the support is gradually increasing, said Garcia. Younger voters tend to favor gay marriage in larger numbers. "It is generational—the older you get, the less likely you are to support this."

But even as mainstream acceptance by the public shifts, there still are no guarantees that legislators—who are usually "years behind their constituents," according to Garcia—will vote in accordance with those shifts. Harris nevertheless said that he's confident that his colleagues will be addressing gay marriage more thoughtfully.

"Not everyone has said, ‘Absolutely, sign me up on this,' he added. "But everyone has said, ‘I'm really going to think about this—we're talking about this in my house, we're talking about this in my neighborhood and in my community, so we need to be sure we're doing the right thing.'"

Civil unions, which began in Illinois in 2011, were intended to be a "stepping stone," according to Garcia, but he added that in the long run they would prove inadequate in affording all the protections that gay Illinoisans need. "We've always had a marriage bill in the hopper."

"Nobody really knows what the hell a civil union, or even a domestic partnership, really is," he added. "We still find couples in emergency rooms who have problems explaining their relationship."

Harris said that having civil unions and not marriage would profoundly impact Illinoisans should the U.S. Supreme Court ultimately decide that federal benefits reflect the state laws where a same-sex couple resides. If that happens, "we are going to find everyone in Illinois living in a civil union having a second class citizenship because they will not be married in the eyes of federal law," he added.

Mayor Emanuel reportedly began making phone calls on behalf of HB 5710, and Gov. Quinn has long said he would sign it. Both Harris and Garcia credited President Obama's public support for gay marriage as being especially significant, however. According to Harris, Obama's rethinking of the issue likely paralleled that of many Americans.

Obama "came out and said what was on a lot of people's minds," said Harris. "He said that maybe he didn't always feel that way, but he went home and he talked to his family and his friends and he decided that needed to change his mind—I think that's what's happening in houses all over the state."

One constituency that is not changing, at least in its tenacity, is the grass roots opposition. On Dec. 18, a group of anti-gay marriage organizations announced the formation of the Coalition to Protect Children and Marriage. Among the groups signing on were Illinois Family Institute, Catholic Citizens of Illinois, and Family-PAC.

In a statement released by the Coalition, former state Rep. Penny Pullen, pres. of Eagle Forum of Illinois, said, "As foundational as the family is to our society and especially to the well-being of children, it would be both wrong and dangerous for our state to interfere with the family for the sake of a social experiment whose results we cannot know for decades. The risk to future generations is too high to take this chance."

Garcia said that opponents to gay marriage are bringing little more to the table than clichés about protecting the sanctity of marriage and the safety of children. "You have a president and key leaders speaking out in favor of this, and you have key religious bodies supporting it," he added. "The opponents are just the same old and tired crowd who are mean and bitter—these groups using the word ‘children' in their names go back to the 1970s with what Anita Bryant was doing."

But what these organizations lack in originality, they can often make up for energy and willingness to mobilize. "On this or any other issue, like health care, the people who are against anything are loud and active, and often the good people who believe in doing the right thing are not as aggressive," Harris said.

The only solution, he said, is for gay marriage supporters to counter with grass roots action of their own, specifically contacting their elected officials and ensuring their support of the legislation. "It's important that people pick up the phone or stop by and see their legislators, and say, ‘Look this is about our family and our community.'"

Garcia added, "Whether it's by phone, or visit, or fax, or carrier pigeon, or whatever your preferred mode of communication is, it is vitally important; you should also speak about it with your family and friends, and encourage them to do the same—that's where we win or lose."
 

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