Same-sex marriage debate heats up on campus

Months have passed since the Nov. 18, 2003 Massachusetts Supreme Judicial Court ruling in the historic Goodridge v. Dept. of Public Health case that same-sex couples have the right to marry in Massachusetts. The decision sparked intense debates about the sanctity of the institution, and Americans are still reeling. Religious leaders, historians and politicians continue scrambling to defend their positions, and gay marriage rights promises to be a crucial issue in the upcoming 2004 presidential election race as a result of the Court's decision. \nIU Professor Michael Grossberg played a crucial role in the case's outcome.\nGrossberg submitted a friend-of-the-court brief on behalf of several historians to the Massachusetts Supreme Judicial Court in support of same-sex marriage rights. \nGrossberg, a professor of history and law, said his decision to support the case was based on his contention that, historically, the rights of marriage have been expanded to emphasize personal consent and choice and the disabilities on who one can marry have been gradually eliminated.\nThe Goodridge case, which involved seven gay and lesbian Massachusetts couples, was sponsored by a Massachusetts activist organization, the Gay & Lesbian Advocates & Defenders.\nAs part of its legal strategy, GLAD solicited amici briefs from various organizations and professionals supporting its stance.\nGrossberg said GLAD contacted him after coming across some of the research he has done on the history of marriage. GLAD then solicited Grossberg and Harvard historian Nancy Cott to write a supporting brief. \n"Like anyone, I have my own personal views, but in this case, I was asked to make my judgement based on a reading of the history of family and law," Grossberg said. "The idea was to lend the argument our professional judgment."\nGrossberg and Cott also received endorsements from over 20 other historians who also specialize in the history of marriage, families and the law to back GLAD's position.\n"It's been really gratifying to get our colleagues' support," Grossberg said. "Everyone we asked to sign this was very enthusiastic to get the opportunity to support the case."\nGrossberg also said many of his IU colleagues have expressed support of the Massachusetts court decision.\n"There's been so much discussion about the issue itself, so of course I've talked about it with my colleagues here," he said. "Most of them, and especially those people in my field of the history of family and law, tend to agree with this."\nThe brief was filed Nov. 8 2002 as part of GLAD's appeal to the Supreme Judicial Court, Massachusetts's highest, who later decided gay and lesbian couples can no longer be excluded from obtaining civil marriages in Massachusetts in a 4-3 ruling. \nThe legal definition of marriage has been developed and changed throughout American history. Now, with the Massachusetts court's recent decision, another step has been taken to further expand the legal definition of marriage.\n"I think it's great that people are taking the time to speak out and support this issue," said Doug Bauder, director of IU's Gay, Lesbian, Bisexual and Transgendered services. "I think what's going on is really quite exciting."\nGrossberg's support of same-sex marriage seems to be a minority opinion on IU's campus, however. In a recent Indiana Daily Student digital poll, 46% supported and 54% opposed same-sex marriage of 1507 total votes cast.\nBauder said he thinks the poll results are "really promising."\n"I think that's an encouraging statistic considering that Indiana is a fairly conservative state," Bauder said. "I think there's a gradual shift of opinion happening here. As the dialogue continues, I think people are starting to recognize this as less of a religious or moral issue and more of a civil rights issue."\n-- Contact staff writer Andrea Minarcek at aminarce@indiana.edu.