Gay acceptance more cultural than legal
Gay acceptance in the United States is on the rise. If a network wants a show to survive, it seems like it has to have a gay character. A slew of well-known figures as diverse as Lady Gaga and Cindy McCain promote self-esteem and being happy with oneself, regardless of sexual orientation.
Unlike in other countries, U.S. gay pride marches are usually not met with violence. When news broke that many gay and lesbian teens were committing suicide due to bullying, journalist and author Dan Savage launched the “It Gets Better” campaign, and an outpouring of support for LGBT youth ensued. It seems that our culture has moved towards a general acceptance of gays and lesbians in society. Frankly, it is “cool” to be cool with LGBT individuals.
In fact, U.S. Immigration and Citizenship Services, the facet of the Department of Homeland Security that processes visa applications, released a statement saying that it would no longer deny applications from immigrants who are marrying U.S. citizens of the same sex. These applications will be labeled “pending,” allowing the gay immigrants to remain in the U.S. as the Defense of Marriage Act’s constitutionality is decided.
This change appeared to be a small sign of the government’s quiet move toward repealing DOMA, which federally defines marriage as between one man and one woman. The attitude toward gay and lesbian marriage has shifted in recent years, but USICS’s statement was a concrete example of the move towards change — or so we thought.
President Clinton signed DOMA into law on Sept. 21, 1996. The Act also enables states to choose whether or not to recognize same-sex marriages performed in other states, which has proved contentious because many argue that the Full Faith and Credit Clause of the Constitution requires all states to recognize marriages performed in other states. However, most states do not allow same-sex marriages or recognize same-sex marriages performed in other states.
USCIS’s change could have indicated the beginning of the end for DOMA, but that hope left as quickly as it appeared. Citing the need to follow the law regardless of what may come in the future, USCIS has returned to denying same-sex petitions. This could be code for, “We don’t anticipate a change in current policy, so we’ll continue to act as we always have.”
Unfortunately, our laws and agencies do not reflect our cultural progress. There are — and probably always will be — people against same-sex marriage, but a recent ABC/Washington Post poll shows that 53 percent of Americans support it. However, this number does not include people who favor same-sex marriage benefits or some legal union for same-sex couples in lieu of marriage. Included in these numbers are some Republicans and, surprisingly, evangelical Christians. Even some people who initially voted for DOMA have come forward and called for its repeal.
Although our laws still bar gay and lesbian couples from receiving the 1,138 federal rights, benefits and privileges of federally recognized marriage, the climate is changing, and USCIS’s earlier choice to allow same-sex petitions is a testament to that. There is still a long way to go on the slow march toward equal rights, but at least the nation is on the path.