We Give Thanks—Reflections on Equal Marriage, One Year Later

One year ago, on November 18, 2003, the Massachusetts Supreme Judicial Court ruled that marriage was a fundamental right for all people and that two people, regardless of gender, could be legally married.

Many were dismayed. Many accused the court of "judicial activism." Still many others celebrated a victory—a victory for justice, equity, and compassion. Unitarian Universalism, with a thirty-year history of work toward justice and equality for bisexual, gay, lesbian, and transgender people, and twenty years of support for same-sex couples, rejoiced.

In honor of this day, let us take a moment to reflect on some of the instances of judicial activism our country has witnessed, survived—and now in some cases celebrates—over the last sixty years.

1948 Perez vs. Sharp (aka: Perez vs. Lippold)
California's Supreme Court rules by a 4-3 majority that banning interracial marriage is unconstitutional. At the time less than 10% of the country supports interracial marriage.

1954 Brown vs. the Board of Education
"Separate but equal" is ruled unconstitutional. The country takes a giant step toward racial justice and equality and away from two centuries of apartheid and slavery.

1963 Gideon vs. Wainwright
Americans are finally guaranteed the right to legal counsel when charged with a crime, regardless of wealth or education.

1965 Griswold vs. Connecticut
Planned Parenthood is given legal right to distribute contraception to married couples. This right is extended to single people in 1972.

1966 Miranda vs. Arizona
All citizens charged with crimes must be told their basic rights.

1967 Loving vs. Virginia
Interracial marriage becomes legal in all fifty states. Three-fourths of Americans still disapprove of interracial marriage a year later. Today over 77% of Americans support the right to marry the person one chooses, regardless of race.

1973 Roe vs. Wade
Women are given the right to control their own bodies and to make choices about when and whether to become a parent. This benefits both women's health as well as their employment and educational opportunities.

1999 Baker vs. State of Vermont
The Vermont Supreme Court rules that same-sex couples should have the same legal rights as other married couples in the state and orders the Vermont legislature to decide how best to guarantee this.

2003 Lawrence vs. Texas
Sodomy laws used primarily to discriminate against bisexual, gay, lesbian, and transgender people are ruled unconstitutional. These laws had often been used to deny other rights.

2003 Goodridge vs. Massachusetts Department of Public Health
On November 18, 2003 the Supreme Court of Massachusetts rules that same-sex couples have the equal right to marry. The ruling will go into effect 50 years to the day after the Brown vs. Board of Education ruling. Some 27% of Americans favor equal marriage in the United States.

We give thanks for the brave justices who took a stand for equality when it was an unpopular opinion. We, as Unitarian Universalists, pledge our support for justice, equity, and compassion, through our work and by our faith, as we celebrate this one-year anniversary of equal marriage.

For further information:

• 11/18/03 - UUA President Issues Statement on Massachusetts Court Decision in Support of Same-Sex Marriage
• 11/18/03 - Statement from Unitarian Universalist Association President regarding today's ruling by the Massachusetts Supreme Judicial Court
• "Freedom to Marry, for All People" website with links to special state coverage
• UUA Office of Bisexual Gay Lesbian and Transgender Concerns
• Information on MassEquality celebration of one year anniversary

Media Coverage related to UU involvement in Freedom to Marry activities and the first anniversary of the SJC decision:

• 11/18/04 - WBUR Radio: "One Year After the Gay Marriage Decision" by Fred Thys (audio file featuring Rev. Kim Crawford Harvie and members of Boston's Arlington Street Church)
• 11/18/04 - The Boston Herald: "Court gave gays green light a year ago" by Marie Szaniszlo
• 11/18/04 - Cape Cod Times: "Year later, gay couples finding less to celebrate" by Cynthia McCormick
• 11/16/04 - The Associated Press (in the Boston Globe): "Gay marriage ruling reverberates in churches around the country" by Jay Lindsay
• 11/16/04 - WBUR Radio (On Point with Tom Ashbrook): "Whiplash for Gay Marriage" (audio file)

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