Politics & Government
Supreme Court Ruling Leaves Local Couple with Hope, Questions
The Defense of Marriage Act and Proposition 8 were struck down this week.
Dan Thompson and his partner Chris Thach of Andover have been together for 26 years and were married in California six years ago, but Thompson said he's not quite sure if they're married.
The Supreme Court ruled their marriage rights valid this week, but with their marriage legal and then not legal and now legal again -- or, maybe legal again -- there was confusion over what it all means.
"I'm trying to find out now, now that its more legitimized I think now's the time," Thompson said as he prepared to head to the Andover Town Offices to find out his marital status. "I have a piece of paper that says I sort of am."
People at Town Hall weren't sure, either. So they're going to contact him when they find.
Yes, No, Maybe
On Wednesday, the U.S. Supreme Court ruled the Defense of Marriage Act unconstitutional and struck down California's Proposition 8, which had banned same sex marriage in that state.
Thompson and Thach have been together since 1987 and lived in California. In 2006, after the California Supreme Court ruled the state's gay marriage ban to be unconstitutional and same sex marriage became legal there, they were married.
The couple then moved to Massachusetts -- another state that recognized their marriage -- in 2007.
Then in 2008, California passed Proposition 8, a constitutional amendment banning same sex marriage. There was confusion and chaos over what to do about existing marriages and which marriages were valid. And Thompson and Thach didn't remarry in Massachusetts.
"There was no reason to," Thompson said. "We bought our house joint, we have joint accounts. I have a fear about dying so when I go on a flight, I leave my will on dining room table with instructions and our families are very supportive of what we would like to be done."
And there were no federal benefits to same sex marriage, anyway -- until this week.
DOMA No More
The Defense of Marriage Act, signed into law by President Bill Clinton in 1996, defined marriage as a man and woman and prohibited the federal government from recognizing same sex marriages. So even as a dozen states gradually legalized same sex marriage over the course of the next 17 years, the federal government has not given recognition or benefits to same sex married couples.
There are more than 1,100 federal benefits, rights and protections given to married couples. These include Social Security spouse survivor benefits, hundreds of tax deductions and benefits, family and medical leave, immigration rights, federal employee spouse benefits, federal employee pension benefits, COBRA health coverage and military spouse benefits.
On Wednesday, the Supreme Court ruled that DOMA was unconstitutional and struck down the law, granting full federal recognition and benefits to same sex married couples nationwide.
"That made me happy," Thompson said. "I had to look up what DOMA was and what Prop 8 was again, because it’s been a while. I didn’t really follow it because there wasn’t really any legitimacy. This gives me a sense of legitimacy, that’s all."
As a funeral director, Thompson doesn't work for the federal government, and neither does his partner, who manages a dental practice. Thompson served in the Army many years ago but wouldn't be receiving veterans benefits now.
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What a marriage does allow, in addition to legitimacy, is peace of mind. If they have to get married again, Thompson said there won't be a long engagement.
"I already looked up the Justice of the Peace, and there is one in Andover, so I will be contacting her if we have to get renewed," he said. "We both talked about this yesterday and we'd like to do this quickly."
Find out what's happening in Andoverfor free with the latest updates from Patch.
New Normal?
So what is the future of same sex marriage?
In virtually every major poll published in the past few years, support for same sex marriage has increased and, in ones most recent, show a majority support for it nationwide. A CNN/ORC International poll this month showed 55 percent of Americans now support same sex marriage.
"I think it’ll become the norm, and a lot of the prejudices that were out there will slowly go away," Thompson said.
The causes may vary -- gay rights activism, media, pop culture, generational shifts -- but one unexpected group Thompson credits is the Westboro Baptist Church.
Yes, that Westboro Baptist Church. The one whose members protest funerals and parade around the nation holding signs of wrath and spewing hate speech, filling most Americans with outrage. Groups like that, Thompson said, have helped the cause for gay rights.
"By promoting hate, you have champions who come to the rescue," he said of the outpouring of support in the face of hate. "To show the kind of hatred people have actually pushes the cause a lot better than saying 'you need to accept.'"
Regardless of which way the trend of public support goes, and whether he's now a husband or a fiancee, the most important support to Thompson is that of his partner -- or husband.
"It's about having someone when you get older who cares about you," Thompson said. "What sex you are or what sex you’re not, shouldn’t really matter, if you’re lucky enough to find someone."
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