Date: Tue, 22 Aug 1995 15:11:35 -0400
From: Gabo3@aol.com

Daily News - Friday, August 18, 1995
GAY MARRIAGE - THE NEXT BIG BATTLE
by Gabriel Rotello
	New York - Legalized marriage for homosexual couples is fast becoming the
central issue of the gay rights movement. Although polls show that about two
thirds of Americans oppose it, they also show that the overwhelming majority
of lesbians and gay men - myself included - strongly support it. But even
though most gay groups are united behind a single marriage strategy, that
plan is being decisively undermined right here in New York State. The results
may be catastrophic.  
	The movement's unified marriage strategy is based on events in Hawaii. In
response to a lawsuit filed by several gay couples, the Hawaii supreme court
ruled in 1993 that same sex marriage must be legalized unless the state can
prove a "compelling state interest" why not, and it sent the case back to a
lower court for trial. 
	When the case is inevitably appealed to the supreme court, in about two
years, that body is expected to legalize same-sex marriage in the Aloha
State. Once that happens, gay and lesbian couples will flock to Hawaii,
marry, and then return to their home states claiming full marriage rights. 
	Since the U.S. Constitution has traditionally been interpreted to mandate
that marriages legally performed in any state must be recognized in all
others, the Hawaii decision is likely to spark a controversy that will make
gays in the military look mild. 
	There probably will be frantic legislation in many states seeking to limit
the ruling to Hawaii. There may even be an effort to amend the U.S.
Constitutional to reserve marriage to a man and a woman only. 
	To avoid that disaster, which would place marriage off limits for lesbian
and gay couples for decades, maybe forever, gay leaders are counting on two
precious years of lead time before the Hawaii decision comes down, time to
make their case and build a base of public support.  
	Two years isn't long, but now even that meager head start may be erased by
events right here in New York State. A gay couple has applied for a marriage
license in upstate Ithaca, and that city's mayor, Benjamin Nichols, is
leaning toward granting one. If he does, expect law suits, a restraining
order by the state, and damaging legal precedents that could influence, even
derail, the Hawaii decision. But it's just possible that same sex marriage
will be briefly legal in Ithaca, gays will rush there and marry, and the same
things people expect to happen in two years in Hawaii will happen in just a
few weeks in New York. We'll get the full crisis, with none of the lead time.
	All this has put gay marriage advocates in an extremely uncomfortable
position. They're pleading with the Ithaca couple to back off and stick to
the Hawaii strategy, but this is drawing criticism that the leaders are
trying to squelch the very rights they've spent years fighting to win. And
the couple, naively protesting they just really, really want to get married,
are brushing gay leaders off. Ithaca's mayor, meanwhile, says he honestly
believes gay people should have the right to marriage. So the way things
stand, gays may win marriage for a day in Ithaca, only to lose it nationwide
for generations.
	The lesbian and gay political world keeps stumbling from crisis to crisis,
leaderless but unwilling to accept leaders and unite behind a cogent plan.
Some thought we had learned the value of strategy and discipline after the
military debacle. But if the potential catastrophe brewing in Ithaca is any
example, it looks as if we've learned nothing at all.

(Gabriel Rotello's email address is gabo3@aol.com)


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