Romney obsesses over gay weddings

April 28, 2004

 

It's strange. You go on vacation for a week, return and find your governor a man obsessed. He once seemed such a reasonable guy: less a conservative than a square shooter, a smart businessman who rejected the casual moral squalor of the State House, an honest broker riding herd over the Democratic monopoly.

 

But gay marriage is turning Mitt Romney into something far less admirable.

 

Granted, no one ever thought Mitt would be on the front lines of the gay rights movement. "Call me old-fashioned," was the soft line he delivered during a 2002 campaign debate, "but I don't support gay marriage." A lot of people shared his sentiments - even Democratic candidate Shannon O'Brien dodged marriage, preferring instead to talk about civil unions.

 

But in the 18 months since, the world has changed. Many state politicians - notably the Senate president and the House speaker - aren't happy about that. Yet in various ways, they've resigned themselves. Sure, they passed a constitutional amendment, one that, if it survives a second legislative vote next year, will come before voters in 2006. Until then, they figure, gays will be getting married and they may as well make the best of it.

 

Not Romney. With increasing frenzy, the governor has been looking for a way out. The administration delayed providing guidance and training to city clerks who, come the Supreme Judicial Court's May 17 deadline, doubtless will be confronted with a throng of marriage- minded gay couples. Romney tried to get a stay of the court's decision, attempting (unsuccessfully) to go over the head of the attorney general. His latest gambit is to vow strict enforcement of a state law dating back to 1913, one that prohibits non-residents from marrying here if the marriages would be illegal in their home states.

 

On its face, that may sound eminently reasonable. Moreover, argues Romney (and Attorney General Thomas Reilly, whose posture on gay marriage has all the earmarks of a prospective gubernatorial candidate working hard to placate both sides), all he's doing is enforcing the law. Gee whiz. Isn't that what responsible public officials are supposed to do? On top of that, he'll ensure the law applies equally to both gay and straight couples. Nope, no discrimination here.

 

Of course, we all know what's really going on. Romney's newfound passion for the intricacies of marriage law is simply his latest effort to foil the SJC's decision. (Since gay marriage is specifically prohibited in 38 states, few non-resident couples could get married in Massachusetts.) Indeed, his behavior is shamefully reminiscent of that of some politicians in the '50s and '60s who, unhappy with the U.S. Supreme Court's mandate that racial segregation be abolished, employed every trick they could to avoid it.

 

Officials in Prince Edward County, Va., for example, decided to shutter all of their schools rather than desegregate them. Officials in Jackson, Miss., under order to desegregate their public pools, chose to close them all instead.

 

Those actions - like Romney's insistence on enforcing the 1913 statute - seemed evenhanded. Officials in Prince Edward County and Jackson both argued that their decisions affected blacks and whites equally.

 

Yet context and motivation both matter. Many have pointed with disgust at the origins of the 1913 law Romney now seeks to invoke; at least in part, it was intended to stop interracial marriages. But the real problem is that the 1913 statute is being revived to thwart gay marriage, in the same way that the pool and school closings were intended to thwart desegregation. The law has been on the books but rarely enforced. Absent the SJC's ruling, we would still be ignoring it. That fact, it would seem, provides good ammunition for advocates who likely will challenge the statute the first time it is used against a prospective gay spouse.

 

Legalisms aside, one has to wonder: If there are going to be some gay marriages - a prospect that even Romney has to concede seems inevitable - why not a lot of them? Why not even encourage out-of- state gays (especially from those Defense of Marriage Act states) to marry and settle here?

 

Of course, the more gays who marry, the less chance there is that voters in 2006 approve a ban on gay marriage.

 

That's because it's easier to hate and fear what you don't know. If Romney succeeds in limiting the number of gay marriages, it will be easier to portray gay couples as something alien and apart from the mainstream. On the other hand, the more gay couples there are, the more they will become part of the fabric of our lives, and the harder it will be to vote against them.

 

In other words, Romney's real obsession is that we'll all discover gay marriage isn't that bad at all.

 

Talk back to Tom Keane at tomkeane@tomkeane.com.