Here’s an issue that proves how deeply and thoroughly a society can change its mind about something.
A Gallup poll in 1996 showed that 68% of Americans were opposed to same-sex marriage. Prior to 2004, not a single state would issue a marriage license to same-sex couples. But the efforts of many grass-roots organizations and national advocacy campaigns, wins in the courts and legislatures, and changing attitudes showing up at the ballot box in state referenda and ultimately in the Supreme Court, broad public opinion changed.
By the spring of 2015 the right to marry for same-sex couples was affirmed by 37 states. However, the federal Defense of Marriage Act (DOMA), which had passed back in 1996, still denied legally married same-sex couples the same federal protections and responsibilities granted to different-sex couples. This was resolved by two consequential U.S. Supreme Court cases (U.S. v. Windsor in 2013 and Obergefell v. Hodges in 2015) guaranteeing the fundamental right to marry equally to same-sex couples. Subsequently, the federal Respect for Marriage Act of 2022 repealed DOMA.
Although marriage equality is now the law of the land, there is concern that the current Supreme Court might be predisposed to overturn these landmark decisions if the opportunity presented itself. Regardless, the issue of marriage equality does not reside outside of the larger context of LGBTQ+ rights which are very much a part of the discourse in presidential campaigns and public debate. What are the candidates saying about these issues?
Harris
Kamala Harris has been a longtime advocate for same-sex marriage and officiated at ceremonies as district attorney in San Francisco.
Harris supported the Respect for Marriage Act which defines marriage as “a legal union between two individuals and required states to recognize same-sex and interracial marriages performed in other jurisdictions.” She is an ally to the LGBTQ+ community as shown by her support of the Equality Act, which would protect LGBTQ Americans from discrimination based on sexual orientation and gender identity. That legislation has never been passed by both houses of Congress due to Republican opposition.
Trump
Although Trump has said he feels marriage equality is “done” and “settled,” it is an open question of whether or not the Supreme Court Justices that he has nominated would consider overturning the decision in the Obergefell v. Hodges case. VP candidate JD Vance has said that if he were a senator when the Respect for Marriage Act passed, he would have voted against it. At campaign rallies, Trump has spoken at length against transgender women in sports and he has spread disinformation about gender-affirming care in schools, as in this often-quoted rant in Wisconsin: “Can you imagine you’re a parent and your son leaves the house and you say, ‘Jimmy, I love you so much, go have a good day in school,’ and your son comes back with a brutal operation? Can you even imagine this? What the hell is wrong with our country?” This kind of scenario could never happen, no matter how many times Trump says that it does.
As president, Trump enacted a ban on military service by transgender people and he has said he would restore the ban, which Biden revoked when he became president. His campaign website states federal funding would be cut “for any school pushing critical race theory, radical gender ideology, and other inappropriate racial, sexual, or political content on our children.”
Meanwhile, Republican judges and lawmakers are attempting to create policy that is a serious threat to American civil liberties, reversing years of democratic and humane legislation. Texas Governor Greg Abbot has directed state agencies to investigate families pursuing transgender care for their youth. Abbott has categorized these services – supporting a young person in their chosen gender – as “child abuse.” Florida Republicans and Governor Ron DeSantis enacted the “Parental Rights Education” bill, now commonly known as the “Don’t Say Gay” bill. Under this bill Florida public school teachers are restricted from making reference to or teaching about sexual orientation or gender identity.
These efforts are part of a larger movement among conservative Republicans to dial the U.S. back to an earlier time, when gay and lesbian people were scorned as deviant “others” and laws failed to protect them from hostility and discrimination. Republican-controlled states from Florida are restricting student access to books with LGBTQ themes.
This year, more than 300 bills to restrict L.G.B.T.Q. rights have been introduced in 23 states, according to the Human Rights Campaign. Donald Trump is broadly supportive of all of these efforts.
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