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Marriage Can Wait

While New England has several short-term prospects for same-sex marital bliss, the Midwest is primed for a bumper crop of basic anti-discrimination bills—legislation unthinkable just a few years ago—needed to build foundations for marriage equality down the road. Sure, marriage is nice and all that, but it's nicer still to have laws that make it illegal for a gay man's boss to say, "Hit the road, faggot."

A little national support now, state activists say, might mean the difference between incremental progress and a burst of progressive legislation in the Heartland. After all, just about everybody expects California and New York—where Gov. David Paterson is pushing same-sex marriage legislation—to cave at some point. But in states that have never passed a gay-rights bill, a string of legislative victories would make it hard to argue, as anti-discrimination opponents did in North Dakota, that those rights embody "New York" values. "For the people on the coasts, this is flyover territory, and nothing really important ever happens in the Midwest," says Glenn Carlson of Fair Wisconsin, a gay-rights group. "But that's really not true at all. History shows that, and the Iowa decision really affirms it."

And in these Midwestern states, where much of the groundwork is already laid, a concentrated push could also lead to domestic partnerships and marriage rights faster than many people realize. "Iowa passed their nondiscrimination bill in 2007," says Karen Mudd of Equality South Dakota Institute, "and look where they're at now."

Indeed, marriage rights in Massachusetts, Connecticut, Iowa, and Vermont were preceded by years of lobbying for more fundamental protections and benefits for same-sex couples. Until recently, in fact, activists in the Heartland were resigned to spending their time and energy blocking bills aimed at stripping away their rights. Marriage seemed like a distant goal. "We're used to playing defense," says Mudd, whose group formed two years ago to pass pro-rights legislation.

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While they would welcome help from the national gay-rights crowd, the state-level folks have no intention of ceding control. "I think they can help on some of the language framing and the arguments," Fiebiger says, "but so much of this is based on long-standing values that differ from other parts of the country…I think the local folks have a better handle on that piece."

What they do need is money, especially in states with small gay populations. But historically, national groups have been reluctant to open their wallets unless a bill is close to passage. This, state-level activists say, makes it hard for them to do the grunt work needed to secure those long-term victories.

They would also welcome national help to elect more Democrats at the state level. The latest votes on gay rights in Montana, Utah, and West Virginia were split along party lines, and leaders in Minnesota and Wisconsin stress that their outlook has improved dramatically since the Dems took power.

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