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R: ALT1, S: 1IN10, D: 08/01/1996,
One down, 49 to go? If the Hawaii courts do rule in favor of Ninia Baehr, Genora Dancel, and the other two couples who have sued for the right to marry, that doesn't mean that gay and lesbian couples will be able to march into city hall in Mobile, Alabama -- or Boston, for that matter -- and get married. Although the US Constitution, through its "full faith and credit" clause, says all states must recognize the "public acts, records and judicial proceedings" (such as marriage) of all other states, gay and lesbian activists doubt that it will be easy to legalize same-sex marriage in each of the 50 states. So even though a straight couple from Tennessee that marries in Hawaii will have their marriage recognized when they return home, it's unlikely that a gay couple that marries in Hawaii will be treated the same way after returning home. "Many, many cases will follow (the Hawaii lawsuit)," says Amelia Craig, of Gay and Lesbian Advocates and Defenders. Couples may find themselves married in one state and suing to be legally considered married in another. Ninia Baehr and Genora Dancel, who will likely be legally married in Hawaii within two years, may have to initiate a second lawsuit in their new home state of Maryland to have their marriage -- and its attendant benefits -- recognized there. One of the keys to winning the marriage battle, activists say, is for local gay-rights groups to follow the example now being set by national groups. "We've encouraged the political groups in each state to form coalitions," says Craig. "We've sort of said, `The sky is falling, the sky is falling.' " With the Defense of Marriage Act (DOMA), conservative political groups have proven that they will fight every advance made by gays and lesbians toward civil rights. "Even DOMA concedes that gay people will get married. DOMA is wrong. It's terrible. We have to fight that. But that's a major shift in the debate," says Lambda's Evan Wolfson. "The power and resonance of marriage are such that this battle is unlike any other. We need to fully engage and prepare for a battle like never before." -- TW More on same-sex marriage: One down, 49 to go? | Back to the future | Who's backing DOMA? | Webbed Bliss | Making the case | Bad for business |
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