Friday marked the 10th anniversary of the first same-sex marriages in Washington, an event that once seemed groundbreaking and controversial.
Now, as Congress codifies protections for same-sex marriage, we are reminded that even the most basic rights can require long, arduous fights — and require diligent defense. We also are reminded of the vast societal changes that have taken place in the United States over the past 25 years, reflecting one of Dr. Martin Luther King Jr.’s most famous quotes: “The arc of the moral universe is long but it bends toward justice.”
In Washington, that arc was altered in February 2012, when Gov. Chris Gregoire signed legislation establishing full marriage rights for same-sex couples, following the lead of a handful of states.
Opponents succeeded in placing a challenge to the law on the ballot, but same-sex marriage was approved with 54 percent of the vote. Weeks after the November election, the first such marriages were celebrated in the state.
In 2015, the U.S. Supreme Court ruled in Obergefell v. Hodges that the fundamental right to marriage must be afforded to same-sex couples under the Due Process Clause and the Equal Protection Clause of the 14th Amendment. States could no longer prohibit that right.
In endorsing same-sex marriage in 2012, The Columbian wrote editorially: “While the debate rages on in public arenas, we get the sense that many Americans have released any fears that gay married couples pose any threat to anyone anywhere. … Decades from now, this raging debate will be viewed as superfluous.”
Indeed, the debate that same-sex marriages pose a threat to our social fabric has become superfluous. But the need for diligence against opponents using specious arguments remains.
In a concurring opinion to the case overturning Roe v. Wade last summer, Supreme Court Justice Clarence Thomas wrote that the court “should reconsider” other cases decided under the 14th Amendment in order to “correct the error.” He specifically mentioned Obergefell v. Hodges and two other cases — but hypocritically ignored Loving v. Virginia, which prevented prohibitions against interracial marriage. Thomas is a Black man married to a white woman.
In the wake of that clear and present danger to same-sex marriage, Congress found a rare platform for bipartisanship. The Respect for Marriage Act was passed last week with support from all Democrats and large numbers of Republicans (Rep. Jaime Herrera Beutler, R-Battle Ground, voted in favor).
The bill repeals the Defense of Marriage Act, which passed in 1996 with bipartisan support and codified marriage as being between one man and one woman.
The stark change from Congress over a quarter-century reflects the sentiments of the American public. Polls typically show that about 70 percent of Americans support same-sex marriages, although the official platform of the Republican Party opposes such marriages.
The arguments in opposition are easily refuted. For those who say it is a matter of religious freedom, we point out that no religious organization is required to perform or recognize same-sex marriages. For those who claim that same-sex marriage is a moral threat, we question why their concerns are not directed toward adulterers or abusers or fornicators who enter into traditional marriages.
More than 20,000 married same-sex couples live in Washington. Over the past decade, they have strengthened our communities. And history has bent toward justice.
