Oct 02, 2009  |  By: Eric Brescia  | COMMENTS     

FROM THE CIVIL Rights Act of 1964 to putting a man on the moon, the great reforms and achievements in American history were only possible because of unwavering commitment and leadership from members of both political parties. Likewise, full equality for gays and lesbians will remain but a dream without advocates on both sides of the aisle.

Unfortunately, neither party has adequately fought to lift the legal barriers to equal rights for gays in the United States. 

Many Democrats deserve to be commended for their efforts to end discrimination on the basis of sexual orientation. The party as a whole, however, has the tendency to hit the right notes on the campaign trail only to ignore the issue of equal rights for gays and lesbians once elected.  After all, it was Bill Clinton who signed the Defense of Marriage Act, and it is Barack Obama who is now defending “Don’t Ask, Don’t Tell” in the courts.

And you and I both know that the Republican Party, for all its talk of individual freedom and limited government, has for too long been on the wrong side of this issue.

You know this because you or someone you know and love is gay. I know this because I’m a Republican.

I also know that the fates of the Republican Party and same-sex marriage are intertwined.

IF THE REPUBLICAN Party wants to be relevant for the newest generation of voters, it cannot continue to drive a social wedge between those who seek to protect “traditional marriage” and those who seek to extend the rights and responsibilities to couples who want to enjoy such a commitment. 

And if gays and lesbians want to enter into civil marriages in states like Virginia, they’re going to need Republicans in Richmond advocating on their behalf.

The GOP is the majority party in Virginia’s House of Delegates and polls indicate Republicans could win the three statewide races — governor, lieutenant governor and attorney general — this November. No change in Virginia law will be possible without a broad coalition and an advocate for equal rights working within the majority party.

Equality under the law will be a reality in Virginia eventually, but we have a lot of work to do now to make it happen.

In 2006, Virginia voters ratified the Marshall-Newman Amendment restricting civil marriage exclusively to opposite-sex couples, even though Virginia’s Affirmation of Marriage Act already banned same-sex marriage by statute.

Troublingly, that statute was later amended to go one step further and prohibit civil unions and domestic partnerships for gays and lesbians. Worse, the plain language of Marshall-Newman also seems to ban certain private contracts. In Virginia, same-sex couples may be excluded from certain arrangements including wills, medical directives, powers of attorney or any other “rights, benefits, obligations, qualities, or effects of marriage.”

The sweeping nature of the Virginia law goes far and above any apparent interest in protecting “traditional marriage.” Indeed, when I discuss the issue with voters here in Arlington, some who have no problem with civil unions or domestic partnerships seem surprised that the amendment they voted for is so far-reaching.

BUT I HAVE an additional message to those who want to protect “traditional marriage.” If we are going to consistently apply our noble principles of equal rights under the law and maintain separation of church and state, we must make an important distinction.

In our history, marriage as a concept has meant two radically different things. On the one hand, the “traditional marriage” so many in our society seek to protect is a religious institution, a covenant between two individuals and God.

On the other hand, the state does not care about a couple’s religious convictions when they decide to enter into a civil marriage. What concerns the state is the contract, the legal rights and responsibilities.

As a society, we can and we should protect both religious freedom and the right to contract. Religious institutions should continue to be free to recognize marriages as they see fit, but civil marriage and its accompanying benefits and obligations should be available to any couple, gay or straight, who wish to take on such a commitment.

In Virginia, we have a lot to do to ensure full equal rights regardless of sexual orientation. Marshall-Newman should be repealed. But like all the great reforms, that’s not going to happen without a voice in the Republican caucus.