Same-sex advocates see national trend

Many obstacles still lie ahead for supporters of same-sex marriage, and eventually they would need Congress or the Supreme Court to embrace their goal. For the moment, though, they are jubilantly channeling the lyrics of "New York, New York."

"Now that we've made it here, we'll make it everywhere," said activist Evan Wolfson, who took up the cause of marriage equality as a law student three decades ago.

With a historic vote by its legislature late Friday, New York became the sixth — and by far the most populous — state to legalize same-sex marriage since Massachusetts led the way, under court order, in 2004.

With the new law, which takes effect after 30 days, the number of Americans in same-sex marriage states more than doubles. New York's population of 19 million surpasses the combined total of Massachusetts, Connecticut, Vermont, New Hampshire and Iowa, plus the District of Columbia.

The legislation is evidence that public sentiment is shifting in favor of marriage equality, said the Rev. Robin Gorsline, pastor of Metropolitan Community Church of Richmond.

"A plurality of Americans now support full marriage equality by almost every poll you read. … Not just some kind of vague thing but full marriage rights. It's going to continue to happen across the country. New York has given it extraordinary new momentum.

"In some places like Virginia, we are going to have to undo the damage of a constitutional provision that actually took us backward," said Gorsline, also president of People of Faith for Equality in Virginia, a group working to build a religious coalition to repeal the prohibition on same-sex marriage.

Virginia voters in 2006 approved by 57 percent an amendment to the state constitution that defines marriage as between one man and one woman. The vote also outlawed civil unions and domestic partnerships.

But a recent Washington Post poll shows that attitudes might be shifting. It found that 47 percent of Virginians think same-sex marriage should be legal while 43 percent think it shouldn't.

"New York ain't Virginia," said Chris Freund, spokesman for The Family Foundation of Virginia, which lobbied heavily for the same-sex marriage ban.

"I don't think it really affects Virginia much at all. There is a big difference between a legislature doing this, or in other places, the courts, compared to the actual citizens voting on a ballot initiative. Virginians spoke loud and clear. I don't think that's going to change any time soon regardless of what happens in New York state.

Freund said there is no evidence that public sentiment in Virginia is shifting toward support of same-sex marriage.

"I think it's very optimistic to say it is even nationally. When it goes to the ballot, 31 times the citizens of the United States have voted in favor of traditional marriage," Freund said.

For those engaged in the marriage debate nationally, recent months have been a political rollercoaster.

Bills to legalize same-sex marriage failed in Maryland and Rhode Island despite gay-rights activists' high hopes. However, Illinois, Hawaii and Delaware approved civil unions, joining five other states — California, Nevada, New Jersey, Oregon and Washington — that provide gay couples with extensive rights similar to marriage.

Adding those eight states to the six that allow same-sex marriage, more than 35 percent of Americans now live in states where gay couples can effectively attain the rights and responsibilities of marriage. Just 11 years ago, no states offered such rights.

For now, gay couples cannot get married in 44 states, and 30 of them have taken the extra step of passing constitutional amendments banning same-sex marriage. Minnesota's Republican-controlled Legislature has placed such an amendment on the 2012 ballot.

Looking long term, same-sex-marriage advocates see nationwide victory coming in one of two ways — either congressional legislation or a U.S. Supreme Court ruling that would require all states to recognize same-sex marriages.

Shorter term, gay-rights activists and their allies in Congress would like to repeal the 1996 Defense of Marriage Act, which denies federal recognition to same-sex marriages. The act is being challenged in several court cases, and President Barack Obama ordered his administration in February to stop defending the law on the grounds that it is unconstitutional.