to Mildred Jeter and Richard Loving.
http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/loving.htmlMarriage is a personal choice that, unfortunately for same gender couples, it is also wrapped up in political implications. Some personal choices just won't wait for the perfect political moment.
Our family is responsible for "bad" law in the state in which we live, which makes it impossible in our multi-county area for a child to have a legal relationship with both of his or her same gender parents. Should we have waited for more favorable political climate or for one of the national groups to be ready to support our case at the trial level?
It might have turned out differently, but the state supreme court has only gotten more conservative in the years since the negative decision. In the mean time, our daughter was on Medicaid for several years because, without legal recognition of the parent working outside of the home, there was no other access to insurance to treat her chronic illness. She is growing closer and closer to adulthood, and the opportunity for legal recognition of her second parent may be barred because adoption of adults is not always permitted. Should our marriage terminate while she is still a minor, our daughter would have no legal right to even petition the court for continued contact with her de facto (from birth) parent.
Whether it is the politically correct time or not, we plan to have our marriage recognized - preferably in Massachusetts, but in Canada if that is not possible, because that is the only realistic hope we have of gaining state recognition for our daughter of both of her parents (short of moving to another state). Making that a reality will require challenging the state DOMA law at what may (unpredictably) turn out to be a bad political time.
I don't know the circumstances of any of the couples participating in any of the recent court challenges. These couples may well have been motivated by compelling personal reasons for bringing the case when they did, and they likely could not have predicted the Massachusetts court would issue its decision at such a crucial time.
The issues is in front of the public now, and agonizing that is not the right time cannot make it disappear - so your help would be greatly appreciated in at least beating back an anti-marriage amendment to the constitution, even if you can't wholeheartedly support affirmatively supporting marriage.