'Tears of Absolute Joy' at Gay Marriage Ruling

This post was written and reported by Daryl Nerl, Mary Ellen Alu and Tom Coombe

Nearly 100 people gathered on and around the steps of Bethlehem’s Town Hall early Wednesday evening to celebrate two landmark Supreme Court rulings that advanced civil rights for same sex couples.

“Oh happy day,” said Barbra Baus, addressing the crowd at Payrow Plaza. “I cried for 20 minutes this morning—tears of absolute joy.”

Baus of Bethlehem has lived an experience not unlike Edith Windsor, the plaintiff in the case that overturned the federal Defense of Marriage Act earlier in the day.

Baus' wife died in September. They had been together 15 years.

She knew she'd have to pay an inheritance tax. But as she consulted with her lawyer, Baus realized she owed more than just money on their investments: there was also their cars, their condo, bank accounts.

"The numbers just kept growing and growing and growing," she said.

Under the old law, Baus -- or any surviving member of a same sex couple -- wouldn't be eligible for tax refunds.

“While a lot of politics is about numbers on a page, it’s also about real people,” said Adrian Shanker, president of Equality PA, who introduced Baus before she spoke Wednesday, urging everyone there to continue fighting “one step at a time, one state at a time, one city at a time” toward equality for gays and lesbians.

“Stay focused, stay determined and stay dedicated to the destination,” she told them.

The rights of gays, lesbians and the transgendered and same sex couples are far from secure in Pennsylvania, Shanker reminded the crowd.

Pennsylvania still does not have a law that protects the LGBT community from discrimination and same-sex marriage is not legal in the Commonwealth.

“At the state level, we know we need to work harder and we need to elect the right people so that we can achieve marriage equality here in Pennsylvania,” Shanker said.

“We have a lot more we have to fight for and, in Pennsylvania, you can’t fall from the ground, so we can only move forward.”

Still, the overall mood was celebratory, with City Councilwoman Karen Dolan channeling her inner-James Brown when she stood before the crowd and sang: "I feel good."

A number of other elected officials were there to show their continued support for gay rights, including Councilmen J. William Reynolds and Mike Recchiuti, Allentown City Councilman Julio Guridy, Fountain Hill Mayor Jose Rosado and Bethlehem Mayor John Callahan, who was a charter member of Mayors for Marriage Equality.

"This is one of those issues where I think the politicians were a bit lagging behind," Callahan said. "When you look at the public opinion, we are way long past the tipping point and I think with today's decision, legally we have the momentum to bring this issue across the country. It will be in all 50 states before we know it.

"If you believe in equality, this is a great day for America," Callahan said.

The federal Defense of Marriage Act (DOMA) prohibited same-sex couples legally married in their states from sharing in each other’s federal marriage benefits. 

In its landmark 5-4 decision, the U.S. Supreme Court ruled DOMA to be unconstitutional. This opens the way for same-sex couples to file joint tax returns, for example, and file for Social Security survivor benefits.

Reaction was swift.

Sen. Bob Casey, D-Pennsylvania tweeted:  "Glad #SCOTUS made the right decision on #DOMA to strengthen equal rights for all.

President Barack Obama tweeted: 

"Today's DOMA ruling is a historic step forward for #MarriageEquality. #LoveIsLove"

Couples celebrated outside the U.S. Supreme Court building.

U.S. Rep. Matt Cartwright, who represents a portion of Bethlehem and Bethlehem Township issued a statement in praise of the decision.

"The Defense of Marriage Act treated loving, committed gay and lesbian couples as a separate and lesser class of people," he said. "The Supreme Court has righted that wrong, and our country is better off for it."

But religious resistance to same-sex unions remains strong, as evidenced by the prepared statement offered by the Catholic Diocese of Allentown.

"The Diocese of Allentown stands with the U.S. Conference of Catholic Bishops which has called today 'a tragic day for marriage and our nation.' the statement said. 

"The Diocese agrees with the Bishop's Conference which said, 'The common good of all...depends upon a society that strives to uphold the truth of marriage. Now is the time to redouble our efforts in witness to this truth. The future of marriage and the well-being of our society hang in the balance.'"

The rulings reflect shifting opinions in the country on same sex marriage.

The legalization of gay marriage still remains a state-by-state issue. Currently, Pennsylvania does not recognize same-sex marriages or civil unions. State Representative Darryl Metcalfe (R-Cranberry) has introduced legislation to ban same-sex marriage in the state constitution, but the bill has not moved past committee.

According to the Pittsburgh Post-Gazette, support for gay marriage has grown in Pennsylvania, according to polls conducted by Susquehanna Polling and Research (70 percent in favor) and Franklin & Marshall College (54 percent, up from 33 percent in 2006).

Shanker said the Proposition 8 decision could affect people in Pennsylvania, as same sex couples in the state had chosen to get married in California.

"To be honest, my mind right now is an interesting emotional place," he said.

He and his husband married in Connecticut earlier this year, and are waiting to see how the DOMA ruling will affect them. A lot of couples will be doing the same, Shanker said. 

There are still questions to be answered, and more legislation to be passed.

"This is not a done deal," he said, "but it's certainly a landmark day."

Where do you stand on the issue? Do you agree or disagree with the U.S. Supreme Court's rulings?