"The more prominent, more liberal ones who one would have thought
would have been most supportive were not," Wolfson recalled in an
interview. "It's not that they were against it -- I think they didn't
see it as that important or that likely to happen, and in some cases, a
little bit trivial."
A few gay couples had tried to make the
argument in the 1970s, following the Supreme Court's declaration that
laws prohibiting racial intermarriage were unconstitutional, and were
summarily laughed out of court.
At the time, the nascent legal
movement on gay rights was focused more on combating anti-sodomy laws,
overturning policies that excluded gays from being allowed to enter the
country, dealing with issues of workplace discrimination. Some gay
rights advocates didn't see the point of pressing for inclusion in a
traditional, patriarchal system. For others, marriage seemed a nice
notion but a foolish priority, given the hostile landscape of existing
injustice.
Wolfson saw it differently. "You can't say you're for
equality but acquiesce in exclusion from the central social and legal
institution of this and every other society," he said. "What I felt was
we needed to transform the movement from 'we want to be let alone' to
'we want to be let in.'"
Wolfson's quest for the freedom to marry
-- he used the term same-sex marriage in his paper, but now bristles at
its connotation of difference from "regular marriage" -- has been
transformed from quixotic to attainable.
With the Supreme Court
ruling striking down the Defense of Marriage Act, the federal government
is out of the business of discriminating against couples on the basis
of their sexual orientation.
Still, for the time being at least,
America remains a patchwork nation when it comes to marriage rights. It
will require another, major step for the court, one that Wolfson
believes is inevitable, to declare that marrying the person you love,
regardless of sexual orientation, is a fundamental constitutional right.
Wolfson's
story demonstrates the force of idea combined with execution. It
demonstrates how society can be reshaped by the power of a seemingly
radical idea matched with -- indeed, married to -- a carefully
calculated, inch-by-inch strategy for putting it into practice.
The
movement toward marriage equality for gays and lesbians in the United
States was inexorable, and certainly other advocates have helped drive
the debate. But as much as any individual, Wolfson served to shape and
accelerate the still emerging reality of same-sex marriage. (Disclosure:
Wolfson was a classmate in college and law school.)
Wolfson
began practicing law as a prosecutor, first for Brooklyn District
Attorney Elizabeth Holtzman, then for Iran-contra prosecutor Lawrence
Walsh. But he moonlighted on gay rights issues and eventually joined
Lambda Legal Defense and Education Fund, where he argued, and lost,Home Energy Management System the Supreme Court case involving the Boy Scouts' right to exclude gay scoutmasters.
But
marriage remained his priority, if not one universally shared by those
gay rights advocates who feared pushing too far too fast. Ten years ago,
when Wolfson founded Freedom to Marry, not a single state allowed
same-sex couples to marry. Today, 13 states and the District of Columbia
recognize the right to marry.
In 2011, after New York joined
those ranks, Wolfson married his partner of 10 years, Cheng He, a
molecular biologist and management consultant. Just before our
interview, Wolfson was consulting with an immigration lawyer about his
husband, a Chinese-born Canadian citizen eligible for a green card in
the wake of the DOMA ruling.
Still, his work is far from done.
For starters, 29 states have constitutional amendments banning same-sex
marriage. Only a Supreme Court ruling can trump those.
"There's
no question where it's going. The only question is how soon we can bring
it home, and I believe it's a matter of years, not decades," Wolfson
said. "At every stage of this campaign we were told, 'You can't win in
court.' We were told, 'You can't win in the legislatures.' 'You can't
win Republicans.' 'You can't win beyond the coasts.' 'You can't win at
the ballot box.' We've overcome every one of those. We will make this
happen."
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