Evan Wolfson, executive director of the national organization Freedom to Marry and author of Why Marriage Matters, made his first visit to John Marshall Law School in 10 years to talk about gay couples' fundamental right to marry.
On Nov. 15, Patricia Logue of Lambda Legal joined Wolfson at John Marshall Law School for the Chicago Lawyer Chapter of the American Constitution Society's presentation, 'Do Same-Sex Couples Have the Fundamental Right to Marry?' While Logue gave the legal low-down on the history of fighting for fundamental rights on the battlegrounds of the American court system, Wolfson offered a ray of hope and advice for local activists and lawyers on obtaining marriage rights in Illinois.
While the legal part of the movement is in good hands with organizations like Lambda Legal and others, Wolfson said, of equal importance is how individuals will make the promise of America including this 'precious and fundamental' right of the freedom to marry a reality.
The reality: 49 out of 50 states, including Illinois, do not offer same-sex couples this right. Lawyers and judges alone can clearly not obtain this for GLBT people, Wolfson said. While couples present cases to the court, they return with 'a minimal, toothless standard review' that are 'probably the least anti-gay sounding reasons they could come up with' as courts rule against recognizing gay marriage under compulsion, he added. According to him, these rulings, although disappointing, are an indication that GLBTs are winning the discussion in the court system.
However, the battle must also be won culturally. 'While we battle this in the courts, just as important [ are ] the discussions we have with our fellow Americans in the food courts,' Wolfson stressed.
Basically, GLBTs and supporters need to engage others, whether that is through the court system, legislation or having conversations in 'every corner of the stage,' including with family members, co-workers and neighbors. Also, Wolfson advised, one should not say that they don't care how they get rights ( civil unions vs. marriage ) , but demand full marriage rights. He reminded the packed audience that civil unions weren't an option six years ago, and GLBTs should not be settling for less. 'We are only going to win it if we can ask our neighbors, ask our fellow citizens to think it through,' he said, adding that in order to get people to understand and become allies, GLBTs need to provide information. This requires intense, patient, personal and persistent conversations, speaking up and working together.
Gay marriage supporters also need to remind those they converse with 'discrimination of any kind undermines the whole,' Wolfson advised.
Moving forward in Illinois is possible, but will take massive amounts of work. 'We need gay and non-gay people to raise their voices right now, here in Illinois,' Wolfson said, adding that he believes the state can become an 'engine state' or leader that will pull the rest of the country forward. 'It is doable, and can be done right here in Illinois.'
Although the mid-term elections—with the exception of Arizona—meant that seven more states passed anti-gay marriage amendments, there is hope, according to Wolfson. 'Civil rights are gained through what I call 'patchwork,'' he said. 'They get worse before they get better.'