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Posts for April, 2014

Ohio’s Marriage Equality Push Inches Forward

Jim Burroway

April 15th, 2014

There have been two developments over the past twenty-four in the push for marriage equality in Ohio. Yesterday, Federal District Judge Timothy Black ruled that Ohio must recognize same-sex marriages from other states. This ruling came two weeks after Judge Black announced his intentions to strike down this portion of Ohio’s same-sex marriage ban.

The case was brought by four same-sex couples who either adopted or are waiting to adopt children and are seeking to have both parents’ names appear on their children’s birth certificates. The scope of this ruling applies to all same-sex couples who were married in other states where same-sex marriage is legal. An earlier ruling in a separate case, also by Judge Black, applied only to the state’s handling of death certificates. Both rulings are stayed pending appeal.

In a second development, Ohio Attorney General Mike DeWine has certified the language of a revision to a proposed constitutional amendment that would repeal and replace Ohio’s current state constitutional prohibition on same-sex marriage. The revision exempts “houses of worship” from performing or recognizing same-sex marriages. Ohio’s current prohibition bans same-sex marriage in the state and prohibits the state from recognizing any other unions from outside the state. The proposed amendment next goes to bipartisan ballot board for review to ensure that the proposal does not address more than one issue. Assuming it passes that review, it will then go to the signature gathering phase for placement on the 2016 ballot.

Judge: Ohio must recognize out-of-state marriages

Timothy Kincaid

April 4th, 2014

In December, Federal Judge Timothy Black ruled that if you were a resident of Ohio and if you were legally married to someone of the same sex by another state, the state had to recognize that marriage for purposes of death certificates. We noted at that time that this was a very narrow ruling.

Now the plaintiffs have gone back to Judge Black and requested that he expand his ruling to all state functions, and he has agreed. (ABC)

Judge Timothy Black announced his intentions in federal court in Cincinnati following final arguments in a lawsuit that challenged the constitutionality of the marriage ban.

“I intend to issue a declaration that Ohio’s recognition bans, that have been relied upon to deny legal recognition to same-sex couples validly entered in other states where legal, violates the rights secured by the 14th Amendment to the U.S. Constitution,” Black said. “(They’re) denied their fundamental right to marry a person of their choosing and the right to remain married.”

Black said he’ll issue the ruling April 14. The civil rights attorneys who filed the February lawsuit did not ask Black to order the state to perform gay marriages, and he did not say he would do so.

Ohio State Attorney General Mike DeWine (R) has announced that he will appeal the ruling to the Sixth Circuit Court of Appeals.

Is Arizona a Turning Point?

Jim Burroway

February 27th, 2014

It would appear that the outcry over Arizona’s license-to-discriminate bill that was finally vetoed by Gov. Jan Brewer last night may have reached something of a high water mark. Major companies, business group, professional organizations, and major league sports all came out with strong statements denouncing the bill in the moments leading up to Brewer’s veto. Typical was this one from Yelp’s CEO Jeremy Stoppelman:

SB 1062 would serve to create an environment where consumers would not know how they would be treated – or whether they would even be served – when they patronize a business. This bill goes against the rule that every great business subscribes to, which is that the customer is always right. It will not only be bad for customers, but also bad for local business in the state. I also believe that it would be in consumers’ interests to be made aware of businesses within the state that did engage in discriminatory behavior. Since early 2010, Yelp has hired over 650 employees in Arizona. Over the next few years, we hope to hire hundreds more. It would be unconscionable for the state to encourage discrimination against any of them.

Arizona joins three other states in putting an end to their license-to-discriminate bills in just the past twenty-four hours:

  • Sponsors of Ohio’s license-to-discriminate bill withdrew their support yesterday. Moments later, the chairman of the House Judiciary Committee announced that the bill was dead.
  •  The Mississippi House of Representatives Civil Subcommittee late yesterday voted to strike almost all of the provisions of their license-to-discriminate bill, leaving only a provision adding “In God We Trust” to the state seal. This move came after the state Senate gave its unanimous approval in January.
  • Florida Gov. Rick Scott announced yesterday that he will veto a proposed license-to-discriminate bill if it reaches his desk. Earlier that day, he had refused to address the question during an interview on MSNBC.

Over the past several weeks, license-to-discriminate bills have been defeated or withdrawn in Colorado, Kansas, Maine, Tennessee, and Utah. But we’re not out of the woods yet. Similar bills are still working their way through Idaho, Missouri, South Dakota, and Georgia, where Atlanta-based Delta Airlines has announced its opposition. The Idaho bill was returned to a House committee last week, with the sponsor saying he wants to “find the right language.” In addition, there’s a push to put a similar measure on the ballot in Oregon in November.

 

Ohio cannot summarily divorce dead people

Timothy Kincaid

December 23rd, 2013

A federal judge has issued a ruling that finds Ohio’s ban on gay marriages to be unconstitutional. If you married elsewhere. And are now dead. (AP)

A federal judge has declared in a ruling that applies only to death certificates that Ohio’s ban on gay marriage is unconstitutional.

In his decision Monday, Judge Timothy Black orders state officials to recognize such unions on death certificates. Although his ruling applies narrowly, his statements about Ohio’s gay-marriage ban are sweeping and expected to incite further litigation challenging the law.

I know that jurists prefer to issue the least broad ruling possible, one which directly addresses the case before them but not much further, but wow is this one a narrow ruling.

Ohio Man Challenging Marriage Equality Ban Has Died

Jim Burroway

October 22nd, 2013

Sad news this morning:

John Arthur, who flew to Maryland in July to marry his longtime partner Jim Obergefell, touching off a legal battle to force the state of Ohio to recognize their marriage and those of other same-sex couples, died Tuesday at the age of 48.

Mr. Arthur was diagnosed with amyotrophic lateral sclerosis in 2011, and his terminal illness played a prominent role in the couple’s decision to marry and in the ensuing legal battle. He and Obergefell had been a couple since 1992 but decided to marry after the U.S. Supreme Court’s June 26 decision striking down portions of the federal Defense of Marriage Act.

…Although he was bedridden in the last months of his life, the publicity from his court case gave him a link to the outside world as hundreds of people sent gifts, letters and cards of support. Known throughout his life for a sense of optimism and an equal sense of the absurd, Mr. Arthur saw both in the attention their story garnered. “It’s been a swell of anonymous support,” he said in August. “It’s truly the supporters who are seeking us out to congratulate us and acknowledge us and give us words of support and thanks.”

Soon after they married in July, the Cincinnati couple filed a lawsuit in Federal District Court challenging Ohio’s refusal to recognize same-sex marriages from other states. Judge Timothy Black issued an injunction requiring the state of Ohio to list the couple as married on Arthur’s death certificate.

City to Gay Bar Owner, Site of Anti-Gay Attacks: Stop Calling 911

Jim Burroway

September 12th, 2013

Cocktails Lounge, on Cleveland’s West Side, has been the scene of at least two designated hate crimes in less than a week and at least six attacks on patrons since spring. Two weeks ago, Jared Fox was surrounded by a gang of juveniles, beaten and robbed while they shouted anti-gay epithets. These things are the kind of attacks that can happen in any American city, but they’re happening in Cleveland now, where the City’s Director of Public Safety, Martin Flask, is on the case: he sent a letter to the bar’s owners demanding that they stop calling 911 so often:

Our records indicate from September 02, 2012 through September 01, 2013 Cleveland Police Officers and/or Dog warden have been dispatched and responded to your property located at 9208 Detroit Avenue inns for various Calls for service. Repeated calls to the same property place an and inappropriate burden on the taxpayers of the City of Cleveland and on our safety forces. The estimated cost for the city safety forces to respond to your property is approximately $100.00 per call for service.

l am confident that we share the same goal and that you will take the necessary steps to eliminate the repeated calls for police services to your property. Therefore, within 10 days of the date of this letter, you will be required to submit your action plan to the First District Neighborhood Police Commander (623-5105), outlining your strategy to eliminate the problems at this location.

Cocktails Lounge manager James Foster was appalled at the letter.

Foster said what’s most frustrating is that the majority of those police calls didn’t have to do with the lounge itself. Instead, managers and patrons called about incidents happening near the lounge.

“It’s your neighborhood bar, everybody knows everybody, everybody’s got nicknames,” said Mary Wishar, a regular at Cocktails who describes the lounge as friendly and safe.

Outrage erupted on social media yesterday after the letter went public. City Councilman Jay Westbrook, who represents the ward where Cocktails is located, said, “Just when we thought we were turning a corner with these incidents, the safety director shot us in the foot.” Mayor Frank Jackson ordered Flask to rescind the letter:

“If I had to do it over again, I would have handled this particular situation differently,” Flask said. “After reviewing this issue with Mayor (Frank) Jackson, he has directed me to rescind the letter and instead set up a meeting with the District Commander and the property owners so that we can work together to address the issues raised by the calls for service to 9208 Detroit Avenue.”

Lyons could not be reached for comment Wednesday night. The letter said 13 police reports were filed over the one-year period for everything from fights to robbery. None of the calls, Flask said, involved hate crimes currently being investigated by police.

“(I)t is an early warning letter that the Department of Public Safety sends to property owners to help prevent a location from becoming a ‘nuisance property’” Flask said. “224 such letters have already been sent to various property owners this year.”

Cleveland was selected to host the Gay Games in 2014.

Federal Judge Orders Recognition of Second Ohio Same-Sex Marriage

Jim Burroway

September 4th, 2013

A U.S. District Judge has ordered that the state of Ohio and local officials to recognize the marriage of a male couple who had married out of state. The case involves William Herbert Ives and David Michener, residents of the Cincinnati suburb of Wyoming Township, who had been together for eighteen years and were raising three children. They had married in Delaware on July 22. Ives died suddenly on August 27. Judge Timothy Black ordered the state to recognize the couple’s marriage on the state’s death certificate:

Black ruled that Ohio Attorney General Mike DeWine and other state officials are restrained from enforcing Ohio’s voter-approved ban on same-sex marriages. He also ruled that Cincinnati officials cannot accept a death certificate for Ives unless it records his status as married and lists Michener as his surviving spouse.

Judge Black also ruled Michener can join the lawsuit filed by John Arthur and James Obergefell, the Cincinnati couple who had flown to Maryland to marry soon after the U.S. Supreme Court struck down Section 3 of the Defense of Marriage Act. Arthur is dying of amyotrophic lateral sclerosis (also known as Lou Gehrig’s Disease). Judge Black issued a temporary restraining order requiring the state to list the couple as spouses in the event of Arthur’s death.

Judge grants injunctive relief to Ohio married couple

Timothy Kincaid

July 22nd, 2013

John Arthur and Jim Obergefell married last week in Maryland. It is a marriage that is doomed to be short, as Arthur has ALS and is not expected to live much longer.

Upon returning, they sued in Federal Court to have Ohio, their home state, recognize their marriage. In 2004, voters amended the Ohio Constitution to limit recognition of marriage to opposite-sex couples.

Today Federal Judge Timothy S. Black ordered that the State of Ohio recognize the marriage and list the couple as married on Arthur’s death certificate.

This Court finds that Plaintiffs have established by clear and convincing evidence their entitlement to injunctive relief. Accordingly, Plaintiffs’ motion for a temporary restraining order (Doc. 3) is GRANTED, and a temporary restraining order shall issue by separate order, directing, inter alia, that the local Ohio Registrar of death certificates is hereby ORDERED not to accept for recording a death certificate for John Arthur whichdoes not record his status as “married” and/or does not record James Obergefell as Mr.Arthur’s “surviving spouse” at the time of Mr. Obergefell’s death, which is imminent.

Ohio recognizes heterosexual marriages in other states that it would not allow to be conducted within its borders (first cousins, for example) provided that the marriage was legal where conducted. While this order is not a ruling on the merits of the case, it seems a foregone conclusion that Judge Black will find for Arthur and Obergefell when this case is determined.

Federal Judge Orders Ohio Officials To Recognize Gay Couple’s Marriage

Jim Burroway

July 22nd, 2013

In as stunningly swift development, a Federal Judge has issued a temporary restraining order requiring Ohio state officials to recongize the marriage of John Arthur and Jim Obergefell, who were married two weeks ago in Maryland. Federal District Judge Timothy Black ordered Ohio officials to recognize the Cincinnati couple’s out-of-state marriage just as they recognizing marriges performed in other states even when those marriages cannot be performed in Ohio:

Throughout Ohio’s history, Ohio law has been clear: a marriage solemnized outside of Ohio is valid in Ohio if it is valid where solemnized. Thus, for example,under Ohio law, out-of-state marriages between first cousins are recognized by Ohio,even though Ohio law does not authorize marriages between first cousins. Likewise,under Ohio law, out of state marriages of minors are recognized by Ohio, even thoughOhio law does not authorize marriages of minors.

How then can Ohio, especially given the historical status of Ohio law, single outsame sex marriages as ones it will not recognize? The short answer is that Ohio cannot … at least not under the circumstances here.

By treating lawful same sex marriages differently than it treats lawful opposite sexmarriages (e.g., marriages of first cousins and marriages of minors), Ohio law, as applied to these Plaintiffs, likely violates the United States Constitution which guarantees that”No State shall make or enforce any law which shall … deny to any person within its jurisdiction equal protection of the laws.

The end result here and now is that the local Ohio Registrar of death certificates is hereby ORDERED not to accept for recording a death certificate for John Arthur that does not record Mr. Arthur’s status at death as ‘married’ and James Obergefell as his ‘surviving spouse,’”

Judge Black noted that when the U.S. Supreme Court struck down Section 3 of the Defense of Marriage Act, it left in place Section 2, which allows states to refuse to recognize same-sex marriages performed in other states, but:

…the issue whether States canrefuse to recognize out-of-state same sex marriages is now surely headed to the fore.Indeed, just as Justice Scalia predicted in his animated dissent, by virtue of the presentlawsuit, “the state-law shoe” has now dropped in Ohio.

John Arthur is bedridden with ALS, or Lou Gehrig’s Disease, a progressive neurological disease which robs patients with the ability to walk, move, and eventually breath. When the U.S. Supreme Court struck down Section 3 of the Defense of Marriage Act, Arthur and Obergefell, partners of 20 years, used donations from friends and relatives to charter a special medical transport plane and fly to Maryland two weeks ago, accompanied by a nurse, two pilots trained in emergency medicine, and Arthur’s aunt, who had been ordained specifically to perform the wedding. They married on the tarmac at an airport in Baltimore and immediately returned to their home in Cincinnati. Last Friday, the couple filed a lawsuit in Cincinnati Federal District Court demanding that the State of Ohio recognize their marriage.

Judge Black limited the order to Arthur and Obergefell only, citing the plaintiff’s “strong likelihood of success on the merits” and Arthur’s declining health for the urgency of his order:

…In addition to the alleged denial of Plaintiffs’ constitutional rights, the Court must also consider the fact that Mr. Arthur is in hospice care and death is imminent. Without a temporary restraining order, the official record of Mr. Arthur’s death, and the last official document recording his existence on earth, will incorrectly classify him as unmarried, despite his legal marriage to Mr. Obergefell. The death certificate will also incorrectly fail to record Mr. Obergefell as the “surviving spouse,” which status he lawfully enjoys. Furthermore, Mr. Arthur wants to be buried in his family plot at Spring Grove Cemetery. He also wants Mr. Obergefell to be buried next to him someday. The family plot directive limits those who may be interred in the plot to descendants and married spouses. Thus, without a temporary restraining order, Mr. Arthur’s burial may be delayed or his remains may have to be exhumed when this case is finally decided.

…Moreover, there is absolutely no evidence that the State of Ohio or its citizens will be harmed by the issuance of an order temporarily restraining the enforcement of these provisions against the Plaintiffs in this case. No one beyond Plaintiffs themselves will beaffected by such a limited order at all. Without an injunction, however, the harm toPlaintiffs is severe.

[via BuzzFeed]

Ohio Couple Challenges State’s Marriage Equality Ban in Federal Court

Jim Burroway

July 22nd, 2013

Last week, John Arthur and Jim Obergefell, partners of 20 years, flew from Cincinnati to Maryland to get married. A trip like that to get married is already complicated enough, but Arthur is in a hospice, suffering from ALS, or Lou Gejrig’s, a neurological disease which, over time, robs patients of their ability to walk, move, talk, and eventually breathe. Aurthur needs around-the-clock care, and a commercial flight was out of the question. After the call went out, friends, family, and total strangers donated aver $12,000 to charter a private plane. They flew to Baltimore, the pilots parked off the runway, and the couple was married on the tarmac. A few minutes later, the couple celebrated with champagne, the pilots climbed back in the cockpit, and the wedding party was back in the sky on the return trip to Ohio.

The Cincinnati Enquirer published a well researched, in-depth story on the couple shortly after they married, illustrating the problems they face in a state which relegates them to legal strangers to each other. Last Friday, Arthur and Obergefell filed suit in Federal Court seeking Ohio’s recognition of their legal marriage. Their attorney, civil rights lawyer Alphonse Gerhardstein, noted some of the absurdities of Ohio’s marriage law:

“(T)he marriages of opposite-sex couples that are legal in other states but would not be allowed in Ohio – e.g., marriages of first cousins or a young partner – are routinely accepted in Ohio if those marriages are legal in the state where they are celebrated,” the suit notes.

The suit seeks a temporary restraining order and injunction, hoping to allow Arthur’s death certificate to reflect that his status at death was “married.” That is more important now, the suit notes, because Arthur is gravely ill.

“It is the final record of a citizen’s life. It must be accurate,” Obergefell said of the death certificate.

Another GOP Pol Takes the Portman Route As Ohio Kicks Off Petition Drive To Reverse Marriage Ban

Jim Burroway

July 8th, 2013

Former Ohio Attorney General Jim Petro, who oversaw the state’s 2004 ballot initiative that banned same-sex marriage and all other forms of partnership recognition, is now supporting the effort to overturn that ban. As Timothy Kincaid reported last week, the former GOP AG’s endorsement of the ban’s reversal had been expected. But today’s announcement goes much further, with Petro being the star speaker at a news conference announcing the start of a massive signature gathering campaign by Freedom Ohio to get the proposal rescinding of the constitutional amendment onto the ballot for 2014.

Petro said when he was asked to support gay marriage, he “quickly and without hesitation said ‘I’m all for it.’ ” He said he will be active in the 2014 campaign and hopes more Republicans join him.

The 2004 constitutional amendment forbidding same-same marriage is a “roadblock to diversity” and leaves the public and the business community with the impression that that the state is “ intolerant and unwelcoming.”

Petro’s personal reason for his change in position is a familiar one:

Petro switched his position after his daughter, Corbin, legally married a woman in Massachusetts last year.

Sen. Rob Portman (R-OH) announced his support for marriage equality in March after his son came out to him.

Ohio’s process for getting an issue placed on the ballot is a daunting one. Freedom Ohio must collect 385,245 valid signatures — a number that is equal to ten percent of the number of people who voted in the last gubernatorial election. But Freedom Ohio won’t have the luxury of circulating petitions in larger urban areas where support would be expected to be greatest. They will also need to make sure that in at least 44 of Ohio’s 88 counties, they collected enough signatures to equal at 5% of the number of people voting in the last gubernatorial election for that county. Just getting on the ballot is half the battle, and if Freedom Ohio can accomplish it, then it bodes well for tapping into a broad geographic base of support.

Ohio’s Issue 1 of 2004, which banned same-sex marriage and all other legal recognition for same-sec couples, was approved by 62% Ohio voters. Issue 1 was placed on the ballot by the General Assembly. Equality Ohio, which was formed in the aftermath of Issue 1, has so far withheld its support for Freedom Ohio’s campaign:

Ian James, co-founder of Freedom Ohio, said his organization’s executive committee decided to move forward with Ohio campaign next year even there is no consensus among national gay, lesbian and transgender groups about going to the ballot here in 2014 or 2016.

“When we file these petitions and reach the ballot, everybody will be with us,” he said.

Elyzabeth Holford, executive director of Equality Ohio, another LGBT group, said there is “ absolutely no formal commitment at this time” to support a 2014 issue. “Equality Ohio is working with our national partners and we will be going when the time is right.”

It kind of reminds me of when Olsen and Boies announced, over the objections of several national LGBT advocacy orgs, that they were going to challenge Prop 8 in Federal Court.

A similar signature-gathering campaign is also underway in Arizona to overturn constitutional bans are already underway in Arizona, and as similar effort will launch later this month in Oregon. Nevada’s legislature has completed the first steps of a long process to reverse that state’s marriage ban in 2016.

Ohio’s Petro to endorse marriage initiate

Timothy Kincaid

July 5th, 2013

From the Columbus Dispatch

Republican Jim Petro, Ohio’s former attorney general and state auditor, is expected to endorse a 2014 Ohio ballot measure that would permit same-sex marriages in the state.

GOP Sen. Portman supports equality

Timothy Kincaid

March 15th, 2013

I knew it had to happen at some point. Some Republican US Senator had to be the first to endorse marriage equality, but I was thinking maybe Sue Collins or Mark Kirk. I certainly wasn’t guessing Ohio’s freshman Senator, Rob Portman.

But then again I didn’t know that Portman has a gay son. (Cleveland.com)

WASHINGTON, D.C. – Republican U.S. Sen. Rob Portman on Thursday announced he has reversed his longtime opposition to same-sex marriage after reconsidering the issue because his 21-year-old son, Will, is gay.

Portman said his son, a junior at Yale University, told him and his wife, Jane, that he’s gay and “it was not a choice, it was who he is and that he had been that way since he could remember.”

“It allowed me to think of this issue from a new perspective, and that’s of a Dad who loves his son a lot and wants him to have the same opportunities that his brother and sister would have — to have a relationship like Jane and I have had for over 26 years,” Portman told reporters in an interview at his office.

This is a bit risky. Ohio Republicans are a different breed from the New Hampshire strain.

But I’m going to hazard a guess that this wont much hurt Portman. It might even help him. Times have changed and even the wing-nuts can accept a father acting out of love for his kid.

(CNN has a fuller story )

UPDATE: Sen. Portman has written an op-ed in the Columbus Dispatch expressing his views on marriage. Some I disagree with (I hope for an expansive court decision on marriage equality), but as an appeal to other conservatives and Republicans, I welcome this step. It’s far stronger to have Portman assert in his own words his support for equality than simply to tell the press.

Of Kith and Kin in Pomeroy, Ohio

Jim Burroway

February 9th, 2013

Pomeroy, Ohio is located on the Ohio River, in the Appalachian southeast part of the state, about midway between Huntington, WV and Marrieta, OH. It’s the part of the state that is as red and conservative as they come. It’s also not far from where I grew up, and the familiar name in the headlines caught my notice:

Pomeroy Mayor Resigns Over Comments About Gay Officer
The mayor of a small southeastern Ohio town is resigning over accusations she made derogatory comments about a gay police officer.

The president of council for the village of Pomeroy said Mayor Mary McAngus submitted a letter of resignation on Saturday. The police chief told village council McAngus repeatedly used slurs about a gay officer in front of other officers and dispatchers. The chief warned council any such comments could expose the village to a lawsuit.

This certainly caught me by surprise. I know the culture there, and a story about a small village rallying around a gay part-time police officer seemed very uncharacteristic of the area. But it turns out the Gallapolis Daily Tribune has been on this story for several days, and reported these details:

“Unfortunately, allegations have been made by several officers and dispatchers in reference to Mayor Mary McAngus’s continued behavior and vulgar language used against a gay officer in our department,” (Police chief Mark) Proffitt stated.

“Officers have provided me with statements that they were made uncomfortable during interviews with the use of [the term] ‘queer’ by the Mayor,” said Proffitt. “She also called an officer into her office and informed him that another officer was ‘queer’ and used the word many times. She then asked if [the officer called in] was gay, and he became uncomfortable and left. Another officer responded to the mayor that he has a family member who is gay and did not feel someone of her stature (mayor) should talk like that about an employee.”

Now it all makes sense. This wasn’t just a story about a village rallying around a gay police officer, nor was it just a story about employment discrimination and the threat of a lawsuit. It was about both of those two things, but also about something else which might have been just enough to push this thing over the edge.

Appalachia is an area that doesn’t deal well in abstracts. Everything is literal, especially the Bible,  and attitudes are as hard as concrete. You can talk about abstract ideas like fairness and equality until you’re blue in the face, and it won’t mean much to someone who is confronted daily with a host of cold, hard realities.

But one of those realities is family, and kith- and kinship take on a much greater importance in Appalachia than in most other areas of the country. And since the calendar reads 2013 in this tiny river town (Population: 1,852) just like everywhere else, it now appears that you can’t swing a dead slur without hitting a gay person. And in Appalachia, when someone says something that comes across as an attack on family, well, those are fighting words. Coming out is a powerful thing everywhere, but the particular dynamics of Appalachian culture can have a way of amplifying that power. And so its not much of a surprise to me that McAngus lost that fight. She was fighting against an apparently well-liked police officer, a well-liked police officer’s partner, and other people who had gay family members who were, naturally, going to stand by them. She didn’t stand a chance.

That’s not to say that Appalachia is quickly becoming all warm and accepting. West Virginia isn’t going to be gay-marrying anytime soon. Turning abstractions into realities is a person-to-person, one-person-at-a-time thing there. But when it does happen, watch out.

Marriage in the non-battle states

Timothy Kincaid

October 17th, 2012

Back in September, the Washington Post polled swing states Ohio, Florida, and Virginia about the upcoming presidential election. A number of other issues were polled, including this question:

31. (AMONG REGISTERED VOTERS) Do you think it should be LEGAL or ILLEGAL for gay and lesbian couples to get married?

Florida
Legal (strongly) 35%
Legal (somewhat) 19%
Illegal (somewhat) 7%
Illegal (strongly) 26%
No Opinion 13%

Ohio

Legal (strongly) 36%
Legal (somewhat) 17%
Illegal (somewhat) 7%
Illegal (strongly) 30%
No Opinion 10%

Virginia
Legal (strongly) 33%
Legal (somewhat) 16%
Illegal (somewhat) 8%
Illegal (strongly) 32%
No Opinion 12%

Because these (and other) states already have anti-gay marriage bans in their constitution, they can shift away from the center of our attention. But with numbers like these, it will not be long before we will again be looking at Florida and Ohio and even Virginia. But (assuming the Supreme Court doesn’t beat us to it) the next time will be our own efforts to have those constitutional blights removed.

[NOTE: revised to correct for formatting restrictions]

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