Progress, Slow but Sure

Maybe there's hope for gay rights a'brewin' on the horizon.

Three Associated Press news stories released in the past 24 hours --- in Iowa, New Hampshire, and Florida --- indicate that maybe there's hope that homophobia will not hold up legally.

The AP reported Tuesday that lawmakers in the Iowa State Capitol of Des Moines have failed in an effort to begin the process of amending the Iowa Constitution to ban gay marriage.

Republicans, the party currently owned by the homophobic religious right, tried procedural moves Tuesday morning to pull measures out of committees and force a vote, but they couldn't get enough votes in either the House or the Senate.

That means Iowans will likely have to wait until 2014 at the earliest to vote on whether to amend the constitution and ban same-sex marriage. It takes votes by two consecutive general assemblies before proposed constitutional amendments can go before voters.

What it also means is that gay and lesbian Iowans will have four years to get themselves married and start openly establishing roots in their community. And studies show that the more communities are exposed to same-sex couples and their families, the number of people who object to such relationships goes down. The fact that most of the extreme homophobes tend to be older people also works in favor of same-sex marriage: Older people die off at a rate greater than younger people. No studies are needed to prove that point.

In other words, time is on the side of those who support gay marriage. And there's a lot of time involved in waiting until 2014.

The AP article reporting Iowa House Majority Leader Kevin McCarthy as saying lawmakers have their hands full with budget problems and don't have time to get bogged down in divisive social issues.

Sounds encouraging to me.

Meanwhile, Associated Press writer Norma Love reported on Tuesday that a New Hampshire House committee is recommending against repealing the state's five-week-old gay marriage law.

The Judiciary Committee also voted Tuesday to recommend that the House kill a proposed constitutional amendment that defines marriage as between one man and one woman. The vote was 12-8 on both measures, led by Democratic opposition.

In other words, in New Hampshire, the right to marry, regardless of sexual orientation, is law. The people behind the proposal to ban same-sex married are being told hit the road and get over it: Discrimination is not going to be the policy here no more, no more, no more, no more.

Opponents of gay marriage in New Hampshire know their chance of success on such measures is slim, but they want to keep the issue before voters in hopes that Republicans will regain control of the Statehouse in November and then ban gay marriage.

The House could act on the recommendations next week, according to Love's article.

New Hampshire became the fifth state to legalize gay marriage Jan. 1. It is also legal in Massachusetts, Iowa, Connecticut and Vermont.

And finally, Carol Marbin Miller of the Miami Herald reported today that Florida's embattled ban on adoption by gay people suffered another setback Tuesday, when state child welfare administrators agreed to provide health insurance, college tuition and other benefits to the adopted son of a gay Key West man.

Miller reports that for more than a year, the Department of Children & Families had refused to provide the adoption subsidy to the adoptive son of Wayne LaRue Smith, a Key West lawyer whose request to adopt a boy he was raising in foster care was approved by a Monroe County judge in the fall of 2008.

On Tuesday, DCF lawyers did an about-face, agreeing in writing to provide the boy with subsidized college tuition, health insurance under the state's Medicaid program, and other benefits typically provided to other children who are adopted from state care.

"It means, finally, after 10 years, he gets what every other child in the same circumstance gets just by asking," Smith said of his now-teenage son, who has not been identified by The Miami Herald to protect his privacy.

"In a symbolic sense, for whatever reason, the department has decided to take the better path, one they should have taken in the first instance," Smith added. "I will probably wonder forever why it is that we had to go through years and years of litigation, and hundreds of thousands in expenses, just to get what other children get automatically."

In Florida, gay men and lesbians can be licensed as foster parents, but a 1977 law forbids them from adopting.

Smith, who has been in a stable relationship since 1988, was licensed as a foster parent in 1999. Two years later, DCF placed a 5-year-old boy in his home. The boy, who has learning disabilities and other special needs, has remained with Smith ever since.

At the urging of a Monroe County judge, Smith was named permanent guardian over the boy in 2006, ensuring the boy could remain with Smith and achieve permanency -- a requirement of both state and federal law for all abused or neglected children taken into care by the state.

But the guardianship became a double-edged sword: In August 2008, when Monroe Circuit Judge David J. Audlin approved Smith's adoption of the boy -- declaring Florida's adoption law unconstitutional in the process -- the guardianship was cited by DCF as its reason for denying the subsidies.

State law allows such subsidies only for children in state care. With Smith's son already in a guardianship, DCF lawyers argued, the boy no longer met the criteria.

In signing Tuesday's agreement, DCF insisted it was not admitting it did anything wrong.

"It is understood and agreed that this settlement is a compromise of a disputed claim or claims, and the agreement made is not and does not have the effect of any admission of eligibility for adoption assistance by the department," the agreement states.

In comments to The Miami Herald on Tuesday, the agency continued to maintain that the settlement does not detract from DCF's position that a child outside state care is not entitled to a subsidy.

"The focus of this settlement was on whether the state can legally provide an adoption subsidy for a special-needs child who was not in the department's custody when he or she was adopted," said DCF spokesman Joe Follick. "The child in this case was not under our direct care or responsibility at the time of the adoption.

"The case was closed in 2008 with the child achieving permanency when the caregiver was awarded plenary guardianship by the dependency court. This settlement does not address the ongoing legal consideration of the state's gay adoption laws which, as an executive agency, we are still bound to follow," Follick added.

Miami lawyer Alan Mishael, who represents the adoptive parents in two of three South Florida cases involving a gay person, said the department's decision to stop fighting the subsidy sends an important message.

"You have to think: the Department of Children & Families is agreeing to help defray the expenses of a gay man who adopted a foster child," he said.

In a separate case, Mishael is representing Vanessa Alenier, a Hollywood woman who adopted an infant relative in Miami-Dade last month. In that case, both the adoption and the department subsidy will become final in one week if DCF does not appeal. DCF presented neither evidence nor testimony during the adoption trial.

"I hope this is an indication of better things to come," Mishael said.

The State of Florida has a long-standing tradition of mean-spiritedness toward gays and lesbians, exemplified by the successful campaign anti-gay rights campaign of Anita Bryant, a former Miss Oklahoma and pop singer, back in the 1970s in Miami-Dade County. It took 30 years, but Miami-Dade County has since restored the rights of the gay and lesbian people who were affected by Bryant's crusade. (Bryant, now almost 70, is in more or less forced retirement, because of reaction within the generally gay-friendly entertainment industry to her homophobic politics.)

Again, what is happening in Florida appears to be a reflection of attrition in public opinion. Best known as a retirement state, the loudest opponents of gay rights in Florida are probably dying off and being replaced by more gay-friendly, or at least more tolerant, voices.

Time is on the side of the progressive people who believe in living and letting live, who believe in equality for all people, regardless of sexual orientation.