Editorial: Jane and Jill - the other winners of the 2012 election

Election Day was a momentous date for proponents of same-sex marriage - a "red-letter day in the history of the gay rights movement," according to Michael Klarman, Harvard historian and law professor. In Maryland, 52 percent of voters voted for Question 6, which enacted the Civil Marriages Protection Act, allowing same-sex marriage in the state. Meanwhile, 54 percent of voters in Maine voted down a proposition to ban same-sex marriage, 52 percent of Washington voters supported a law that legalized same-sex marriage in the state, and 50 percent of Minnesota residents rejected an amendment to the state constitution that would have prevented same-sex marriage. Prior to Tuesday, same-sex marriage was permitted in six states and the District of Columbia, while being banned in 39 other states. We see this change as a major step toward a nation-wide push for marriage equality, though we recognize much remains to be done.

This was the first instance of same-sex marriage being passed through voter initiative - the prospect had previously failed in 30 other ballot initiatives nationwide, with the exception of Arizona in 2006 (though Arizona then banned same-sex marriage in 2008). These initiatives signal a changing tide in voter opinion. Court rulings and state legislatures have previously been responsible for allowing same-sex marriage in individual states and districts, so the rise of citizen-based decisions attests to the increasing awareness and sensitivity of same-sex marriage amongst the general public. This election also saw Tammy Baldwin of Wisconsin elected as the first openly gay U.S. Senator, and Iowa residents re-elected State Supreme Court Justice David Wiggins, who raised the ire of state Republicans with his 2009 court ruling allowing same-sex marriage.
While these victories speak toward an encouraging trend, much remains to be addressed. The Defense of Marriage Act, or DoMA, ensures that the federal government will not recognize same-sex marriage, even in states and districts where it is legal. Thus, same-sex couples do not receive the same immigration consideration, cannot file joint returns for federal taxes and do not have the same estate taxes as heterosexual couples. Furthermore, if one homosexual partner works for the federal government, the other will not receive survivor benefits or a pension. With the Maine results, Rhode Island is the only state in New England left to legalize gay marriage, though the state will recognize marriages that were performed where legal. But this measure is due to a laudable executive order by Gov. Lincoln Chafee '75 P'14 and would be more lasting if recognized by the state legislature. 

Rhode Island House Speaker Gordon Fox, D-Providence, told the Associated Press, "This election shows there's been a real change on this issue," and he has expressed hope about calling for a vote to legalize same-sex marriage this January. Several new state senators are expected to favor such legislation, which has historically been unsuccessful in the state senate. But Senate President M. Teresa Paiva Weed opposes gay marriage and has described calls for a vote as premature. 

While Tuesday's results are heartening, the rights of the minority should not depend on the whims of the majority. This year, the Supreme Court will consider 10 requests regarding gay marriage and is expected to make a decision this June, perhaps about the constitutionality of DoMA. It is likely recent voter results will influence the justices, who occasionally consider public opinion. We hope future rulings expand marriage equality and eliminate federal obstructions. But until then we hope Rhode Island recognizes the changing public opinion and votes to legalize same-sex marriage.