Activists see a certain logic to the current lay of the land. Those places way ahead of the curve on the marriage issue—Massachusetts—have long led the country in the arena of gay rights generally. These states passed non-discrimination laws decades ago, or set up gay-straight alliances in high schools, or expanded hate-crimes statutes to include sexual orientation.
States that have basic protections for gay people are now wrestling with the marriage issue, activists say. Take New York. On the one hand, it seems to be moving toward equality. It's one of just six states without a law on the books defining marriage as between a man and a woman, it has a pending marriage lawsuit, and some officials have even performed gay nuptials, albeit illegally. On the other, the New York legislature has enacted rights for gay families only in tiny increments.
Resistance has been strongest where gay people have no protections at all—no anti-discrimination laws, no family registries, no advocacy groups. Activists were still trying to achieve these steps in all 50 states when the marriage issue went national, in 2004, with the first wave of amendments. They've had to shift their focus to staving off the bans. But, as Toni Broaddus of the Equality Federation explains, "It's difficult to fight an anti-gay-marriage measure in a state where gays who speak out can lose their jobs."
That sums up the case in Kentucky, where last fall, voters passed an anti-gay-marriage amendment by a landslide 75 to 25 percent. Andrea Hildebran, who heads the Kentucky Fairness Alliance, a gay rights group, describes a valiant campaign waged by tens of thousands of activists and allies there. They crisscrossed the state, knocking on doors, trying to sway the hearts and minds. And Hildebran says they achieved "a measurable difference" in how voters cast their ballots.
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