How division over gay rights affects GOP's top ticket

How division over gay rights affects GOP's top ticket
By Eric Krol
Copyright by The Daily Herald Political Writer
Copyright by The Daily Herald
Posted Tuesday, October 03, 2006

The symbolic gay marriage ban question that appears headed for the November ballot is bound to spark many a heated debate throughout the state.

There's one place the gay rights issue already has been vigorously argued: the top of the Republican statewide ticket. Governor nominee Judy Baar Topinka opposes asking voters whether marriage should be defined as between a man and a woman. Her running mate Joe Birkett, however, backs it.

Birkett, the DuPage County state's attorney, isn't afraid to tell you why he thinks the referendum question is a necessary part of a push to change the Illinois Constitution. And Topinka, the state treasurer, isn't afraid to tell him why she thinks he's wrong.

That was apparent before the March primary when the two appeared before the Daily Herald editorial board and Birkett opined that the courts would be in turmoil if gay marriage is recognized.

"We pay, the taxpayers pay for the justice system, for child protection, for all those services that come with that step. For every action, there's a reaction. There's going to be, you know, for years to come..."

He was interrupted by Topinka.

"I think we're exploring some new ground, but it is ground that is th ere and laws need to be applicable to everyone," she said. "Equality and opportunity need to be the same for all Illinois citizens."

That view puts Topinka in the position of agreeing with her opponent, Democratic Gov. Rod Blagojevich, and disagreeing with her own running mate. Neither Topinka nor Blagojevich support the gay marriage ban effort, arguing marriage already is defined as between a man and woman by a 1996 state law pushed by then-state Sen. Peter Fitzgerald.

Topinka and Birkett insist their difference of opinion isn't causing any friction. The split does, however, present a dilemma for the conservative voters Birkett counts among his staunchest supporters: will they vote for the conservative Birkett even though that means they'll also automatically be voting for the less-than-conservative Topinka since the two run as a team?

"I don't think voters very often vote for the second person on the ticket. I think they vote for the person who's running at the top of the ticket," said conservative activist Paul Caprio, executive director of Family PAC. "Baar Topinka might have made a fatal political mistake in not endorsing that amendment."

A spokesman for the Topinka-Birkett team calls the situation "an honest policy disagreement."

"They agree marriage should be between a man and a woman. They disagree on whether a constitutional amendment is needed to cement it," spokesman Dan Curry said. "I think they're up-front about it. They're not trying to obscure their position. I think voters appreciate the straight talk."

Blagojevich spokeswoman Sheila Nix questioned Topinka's commitment to gay-rights issues. "Treasurer Topinka tries to have it both ways on many issues. This is another example," said Nix, referring to Topinka's choice of running mate. "It begs the question if she really holds these positions."

On the Democratic side, Blagojevich and Lt. Gov. Pat Quinn are united in their opposition to the referendum question filed last week with state elections officials by Protect Marriage Illinois. The group submitted 345,000 signatures, far more than the 283,000 required to get the non-binding question before voters Nov. 7. Elections officials will spot check the signatures' validity, and a gay-rights advocacy group also is mulling over an expensive challenge to find enough invalid ones to knock it off the ballot.

The gay rights issue seemingly was off the table in the governor's race this fall. Blagojevich and Topinka both support civil unions but oppose gay marriage. Blagojevich signed into law an anti-discrimination measure that Topinka supported. And each has appeared at gay rights galas and parades.

But Blagojevich sought to differentiate himself last week when he did an end-run around lawmakers and allowed state workers in his administration to get health benefits for same-sex partners. Topinka opposed the health care expansion, citing the state's financial situation.