A recent flurry of court battles surrounding gay marriage makes the proposed Colorado Domestic Partnership Act on the Nov. 7 ballot look very much like a sane and moderate way to resolve an increasingly bitter legal and political dispute.
The Massachusetts Supreme Court, which ignited a nationwide debate in 2003 by ruling that same-sex marriages must be allowed in the Bay State, has now cleared the way for a citizen initiative that would limit marriage to unions between men and women.
The court ruled Monday that the gay-marriage ban, which does not allow for domestic partnerships, must be placed on the 2008 ballot if it receives the support of 25 percent or more of the state’s lawmakers in each of the next two legislative sessions. Massachusetts legislators Wednesday postponed any vote on the issue until after November’s election.
More than 8,000 gay couples have married in Massachusetts since May 2004. No other state allows gay marriage, although Vermont, Connecticut and California allow same-sex civil unions.
California’s law was on the docket Monday when a state appeals court heard arguments urging it to uphold a lower-court ruling that the state law banning gay marriage is unconstitutional. A ruling is expected in about 90 days.
Gay-marriage advocates suffered twin disappointments last week. First, New York’s highest court ruled 4-2 that the state’s ban on same-sex marriages was constitutional. The same day, the Georgia Supreme Court reinstated a voter-approved constitutional amendment banning gay marriage. High courts in Washington state and New Jersey are also weighing same-sex marriage cases.
By comparison to the legal wrangling in other states, the Colorado ballot item is a model of both clarity and common sense.
It would not change Colorado’s current ban on same-sex marriages, but it would give gay and lesbian couples the right to make medical decisions for incapacitated partners, provide access to health-care and family-leave benefits, and protect inheritance rights.
More important, the proposal would break legal ground by clarifying both the rights and responsibilities of both partners when a gay couple breaks up – especially in regard to any children in their care. These new protections for children could make the Colorado law a model for resolving such disputes across the nation.
