How Marriage Changed

I did this talk back in November for Lawrence. It’s a basic overview of the changes in marriage, focusing specifically on same sex marriage and how, and why, things seemed to change so quickly.

So this is what I do these days.

Lunch @ Lawrence

I am not sure exactly how this happened, but on Friday I’ll be speaking at a lunch at Lawrence as part of a series called Lunch at Lawrence, and I’ll be talking about same sex marriage – focusing primarily on how quickly it all happened, explaining what key rulings and cultural shifts were in place to allow it to happen, and generally demonstrating what kind of thing we do in Gender Studies in general.

Here’s the blurb:

“How Marriage Changed: Gay Rights and Same Sex Marriage”
In the summer of 2014, Wisconsin’s Defense of Marriage Act was declared unconstitutional, such as with many other DOMAs across the U.S. The ruling reflects a change in both the culture and definition of marriage. Helen Boyd Kramer will explore how and why the gay rights movement “chose” marriage as a key civil right and how the changes in marriage set the stage for this significant shift.

You do have to register for the event.

SCOTUS Doesn’t Rule

The Supreme Court of the US today decided not to take a same sex marriage case.

The good news? The one from the 7th Circuit now stands, which means couples in WI can get married, which is awesome. With federal recognition of people getting married in states that allow it, it’s a better time to be same sex married than it’s ever been.

The bad news? SCOTUS ducked. Establishing the legality of same sex marriage through a Supreme Court ruling would have been the best option, just as it is with Roe v Wade. This leaves states that don’t allow marriage the ability to keep denying people their rights as US citizens.

The difficult thing is that this only delays the inevitable. I’m told a Circuit Court ruling that affirms the state bans is probably what SCOTUS are waiting for, but UGH. Enough already. Let’s get this done so that maybe we can start to deal with all the other issues the LGBTQ community faces: our homeless youth, trans underemployment, healthcare, suicide, etc.

But yes, for now, it’s good news, and I’m looking forward to all the happy wedding photos in the weeks to come, because it gives more people more rights. The arc of history, etc.

Judge Richard Posner

Really, you have to hear some of these exchanges between 7th Circuit Court judge Richard Posner and the two lawyers arguing for keeping the ban on same sex marriages in Indiana and Wisconsin. Really, listen. The guy just won’t let up, and keeps asking for evidence for what or whom same sex marriage harms, and he gets a whole lot of nothing as answers.

Amazing stuff. Tradition isn’t a good enough reason, of course, and that argument was defeated both by Loving v. Virginia and in the Goodridge decision.

And honestly, they don’t seem to have any evidence whatsoever that Posner thinks offsets the harm done to the children of same sex couples.

Mindblowing.

This is, by the way, the same court that shot down WI’s attempt to deny transgender inmates medically prescribed treatments by way of hormones, and the appeal for this case was turned down later by SCOTUS.

“Just Like That” (Those Oprah Guests)

Oh, Oprah. She did one of her “Where Are They Now?” editions and it turns out Christine, a woman who had been in a marriage in which both husband and wife would come out as a gay, later met a woman named Jacki.

Jacki and Christine fell in love. Awesome.

Jacki transitioned to male. Also awesome.

But while being interviewed on the show they said that Jacki transitioned in order to marry Christine, and so they “looked into transgender” and found out that “just like that” their marriage would guarantee that Christine would receive Jacki’s pension and social security.

Just like that.

M guess is that the story is being wildly misrepresented: that in fact Jacki already had some gender stuff going on, a latent or not so latent need to transition, and in these days of defeated DOMAs and lifted bans and stays on ceremonies and the murky, uneven status of same sex marriages, they thought transiton + marriage would guarantee them certain rights they could not be as sure of as a same sex couple.

The first red flag for me: Did anyone notice that Christine says Jacki is “the most authentic person I know”? I mean, is that not in the “things cis people say about trans people” list?

Which maybe it will, for them. I hope it provides them the stability and recognition of their relationship everyone deserves.

What bothers me, of course, is the way it’s been framed as the “shocking steps” one couple took. Not shocking. When people try to gain the legal rights afforded others, it’s not shocking at all. It’s entirely normal and should be totally expected. And if transition itself is still shocking to anyone — holy crap, come out from under your rock.

The problem is that many, many trans people have found their marriages declared legally null over the years – and it is far more likely for a marriage like theirs, in which both people’s sex declared at birth is the same. The status of my own marriage — which is the type that is legally upheld by the courts because we had different sexes listed on our birth certificates and got married long before my wife took the legal or medical or even social steps to transition — still makes me nervous precisely because of all of the legal details of the status of some marriages in this country.

What I suspect – and what I don’t know for sure – is that Jacki is one of very many people whose gender was already masculine of center, before meeting Christine, and whose life as a masculine woman often brought a ton of bullshit – barred entry to the ladies’ room, issues with clothes shopping, misgendering, etc. Dealing with that, plus his love for Christine maybe encouraged him to legally change his gender precisely because living with a non normative gender can be such a pain in the ass legally and otherwise. That is, there are plenty of people for whom a legal transition to male is not a huge undertaking because they are already men in so many ways. My wife’s legal transition was definitely influenced by the fact that it was getting more and more difficult for her to deal with TSA and other boneheads who had the right to judge whether or not her gender on her ID sufficiently matched her gender in person. So despite leaving for years as a woman with a male ID, we went through the legal hullabaloo to get hers changed.

The way they are presenting their story reminds me of the woman who claimed being stung by a bee caused her to transition (and who, in all fairness, said the anaphylactic shock set off a hormonal reaction, etc. etc.).

You don’t need a reason, folks. You’re trans and transition because you are.

You’re in love and want to be married because you are and you do.

Let’s please stop making excuses for gaining recognition for our lives, identities, relationships and families.

Important Italian Court Marriage Ruling

I’ve been anxiously awaiting this news, and I’m happy to say it’s good news, at long last.

Italy’s highest court has ruled that Alessandra Bernaroli can stay married to her wife after her legal transition to female.

Their marriage had been annulled, and then was un-annulled, and then got passed up to the highest court in the country.

Congratulations, Alessandra & Alessandra! With any luck, this trans marriage will pave the way for Italy to recognize same sex marriages eventually, too.

“I never realized that I was like a second-class citizen . . . until I wasn’t one anymore.”

So the weddings have been taking place since the news that the ban was struck down here in WI, and there have been beautiful photos – like the one of the Madison cops bringing cakes to couples getting married on the courthouse steps – and some very interesting articles.

But it was this one sentence from this article that really got to me, because that’s how it feels even for us. Despite having been legally married in the state of New York in 2001 – because we were legally gendered heterosexual at the time – we have felt such a deep envy when NY & so many other states started recognizing and performing same sex unions.

Really, it’s a huge sigh of relief, even for us, who have had recognition from the Federal government for forever but who feel insecure no matter what we’re doing in-state. It is impossible not to feel like a second class citizen when you don’t know if an emergency room attendant is going to recognize your relationship or not.

So happy weddings, happy Pride, happy Wisconsin.

NC Clergy Bring It

Oh, this is all kinds of awesome.

“The core protection of the First Amendment is that government may not regulate religious beliefs or take sides in religious controversies,” says Jonathan Martel, a partner at Arnold & Porter LLP. “Marriage performed by clergy is a spiritual exercise and expression of faith essential to the values and continuity of the religion that government may regulate only where it has a compelling interest.”

Growing numbers of faith traditions, including those represented among the plaintiffs, bless the marriages of same-sex couples. “As senior minister, I am often asked to perform marriage ceremonies for same-sex couples in my congregation. My denomination – the United Church of Christ – authorizes me to perform these ceremonies. But Amendment One denies my religious freedom by prohibiting me from exercising this right,” says Rev. Joe Hoffman, Senior Minister of First Congregational United Church of Christ in Asheville and a plaintiff in the case.

Amendment One is, of course, the law barring same sex marriages in NC.

Wedding!

An old friend I went to high school with got married in NYC today, and he posted this awesome photo of him & his groom. It made me smile every time it came across my Facebook feed, so I thought I’d share it withall of you.

Congratulations, Dominic & Neil!