Marriage, Civil Unions & The Fight for Equality

Marriage, Civil Unions & The Fight for Equality
Copyright by Gay Chicago Magazine
April 10, 2007

Can it be possible that gay men and women in Illinois are on the verge of realizing the right to enter into civil unions in the state of Illinois?

The hotly contested debate over marriage rights for gays and lesbians has become the cornerstone of Rep. Greg Harris’ (13th District) House Bill #1826, known as “The Religious Freedom and Civil Union Act,” now before the Illinois General Assembly in Springfield. This proposed legislation, if voted into law, would provide civil unions for gay and lesbian couples throughout the state - an unprecedented accomplishment for the LGBT community in Illinois, one that until the last decade seemed like a pie-in-the-sky dream that had little, if any, possibility of ever becoming anything remotely resembling reality.

Based on the tenent that the current marriage law in Illinois is discriminatory and harms same-sex couples, the Act asserts that “there is no compelling interest or rational basis to deny same-sex couples full marriage benefits.”

Harris’ bold stance and enthusiastic initiative on the hotbed issue of same-sex marriage would appear to be anything but out of character. The 51-year old full-time lawmaker has been tackling the tough issues throughout a distinguished career in politics.

Harris served for 14 years as Chief of Staff for 48th Ward Chicago Alderman Mary Ann Smith. As the only openly gay member of the Illinois Legislature, Harris is also openly a person with AIDS. Harris’ legislative priorities include: Public safety, education, affordable housing and a passionate dedication to several causes he is very familiar with, accessible health and mental healthcare, and, in particular, HIV issues and economic development.

Elected without opposition to the Illinois General Assembly on Nov 7, 2006, Harris cochaired the City of Chicago’s task force on LGBT Substance Use/Abuse and is a member of the Crystal Meth Task Force. He is a founder and first Board President of both Open Hand Chicago and AIDS Walk Chicago.

A 1997 inductee into Chicago’s Gay and Lesbian Hall of Fame, Harris has worked closely with the city budget director and mayor on the extension of full domestic partnership benefits to City workers and has worked with a growing coalition of community groups to support the creation of a domestic partner registry in Cook County, the Chicago Park District and the Chicago Transit Authority.

I recently sat down with Harris in his offices for a lively discussion about the exciting progress of HB 1826 and Harris’ distinguished career as he continues to meet the daily challenges of being the highest-ranking openly gay elected official in the state of Illinois.

Gay Chicago: Greg, can you please briefly outline the main points of HB 1826 and what it proposes, since there may be many readers out there who are not yet fully aware of it?

Greg Harris: Sure. The bill originally originated as “The Religious Freedom and Marriage Protection Act,” and it would have extended full marriage to same-sex couples in Illinois. In talking to my colleagues on the floor of the House to see what support there would be - if I would have enough votes - it became really clear that people across the state, in big cities, small towns, rural areas, understood all the equal rights and justice issues. That is, about benefits, protections and responsibilities. But for a lot of them, the word “marriage” would still be very troublesome for them to support in their districts. So we came forward with the new bill, “The Religious Freedom and Civil Union Act” that would create civil unions in Illinois that would extend all the protections and all of the obligations of marriage to same-sex couples but would not amend the marriage statutes. It would give people all of the rights and protections of marriage but with a different name, and I think that will have substantial support and could pass in the Legislature. To begin this process and possibly pass something in the first year would be phenomenal. Then I think as years go on, we could readdress the marriage issue.

GC: There are those who believe that civil unions are another way of saying that LGBT people are “separate but definitely not equal.” Is this really an acceptable compromise to the reality of gays and lesbians having full marriage rights? What do you say to those people?

GH: I think that anytime you’re dealing with legislation where you have to get senators and representatives from every corner of the state, every walk of life on board, every piece of legislation is a compromise. And I think that every issue is a work in progress. But I think if we can get the legal protections and benefits right away; people need these things tomorrow. The folks I talk to, they need them tomorrow. Their partner is sick in the hospital, they need some rights today. They’re going to need some rights tomorrow. They want to be sure their children are protected. As we work through the political discussion of the words civil union vs. marriage, people understand that’s where we want to get. But they need these rights and protections today.

GC: There are many gay men and women who believe that marriage is an outmoded construct of heterosexual society; it isn’t working for them, and they cite the burgeoning divorce rate to prove their point. How do you respond to those people, Greg, and how do you justify the push for same-sex marriage in a political climate that appears unstable and often wavering on this issue?

GH: Well, David, it’s interesting. The Capital Facts, which is sort of the preeminent political journal in Illinois, had their discussion blog on the issue of civil unions (recently). And the comments started off with people stating how important it was to extend these protections, but then it trailed off toward the end of the day in this endless discussion of the pros and cons of marriage as an institution. Everyone’s got their opinion. Some of my straight friends have said, “We think you should have it (marriage) too so you can be as miserable as we are.” I’ve heard all of these kinds of comments. The fact is, under the law, in Illinois and in every other state, people who are in a legally recognized union have rights automatically that gay and lesbian couples don’t have. So from my point of view, yeah, you can have your own thoughts about religious marriage vs. civil marriage, but what’s important is that we have every right, every protection and every obligation for our families that’s legally available.

GC: Talking about the front-running Democratic candidates in the 2008 Presidential race for a minute, how upset should the LGBT community be with the contenders, since neither Clinton, Obama nor Edwards see gay marriage as a viable option and make no secret of their feelings on the subject. Should the 2008 LGBT vote be influenced by this fact, or is it simply unrealistic to expect a serious presidential candidate in 2008 to be openly in favor of gay marriage?

GH: Well, I think there are a couple of parts to that question, David. Let me try to take one at a time. I think that everyone really needs to educate themselves on all of the positions the candidates take; everyone is going to have his or her “hot-button” issue, whether it’s gay marriage or healthcare, immigration reform, the tax policy of the country; I think it’s our obligation to really know what all of these candidates stand for and not just pay attention to glossy TV ads, which tend to be motherhood and apple pie. And people have to make their own decisions based on what their most important issue is. On the other hand, I was terribly disturbed last week when I saw that Clinton and Obama did not come out immediately to denounce the hateful remarks of the General who spoke here in Chicago and said that he thought homosexuality was immoral. I thought it was deplorable that they didn’t come out immediately and talk about that. I think that they (the candidates) need to watch the trends of society across the country, because I think fair-minded people now realize that gay and lesbian citizens are entitled to the same rights and protections as other Americans. And I think they should be on that bandwagon.

GC: Greg, I believe you are the highest ranking openly gay official in the state, and you are also a man who is openly HIV positive. What, in your opinion, is most lacking relating to the legal provisions now in effect for the LGBT community?

GH: I think what we really need is a fire in the belly in our community. Chicago, in particular, thanks to Mayor Daley, has become a much safer and more progressive place to live. The LGBT community takes a lot for granted sometime but should realize that that’s not true as a matter of law throughout the rest of the state. There are still challenges for stopping the spread of HIV, of being sure that people have adequate access to quality healthcare, whether it’s for HIV or for breast or cervical cancer, and any number of other issues. To me, the problem is the complacency of people. They need to get engaged in the critical process, know what their elected officials are doing and hold them accountable.

GC: How difficult was it to get support for the Religious Freedom and Civil Union Act in Illinois, and where in the state do you anticipate the most opposition?

GH: The thing that surprised me most as I went from desk to desk on the floor of the legislature and started to talk to my colleagues about the Bill, most of them would say, “Stop right there.” I don’t care if you’re talking about big city urban people or small town folks or rural districts, almost every single legislator said to me, “I understand this issue, and I know why it’s important.” They would go on to say they have a cousin or a sister or a brother or a father or a neighbor who has faced one of these issues. And that is so telling because I think a number of years ago that wouldn’t have happened. One of the most important things people can do in their lives is to be out in their own way within their own community, because the elected officials are certainly being made aware of the issues facing LGBT people. People see a human face, and that is what’s important. Of course there are some people, both Democrat and Republican, who come from very conservative districts who, I think, are going to be looking at some of their colleagues to see how they’re going to vote on this - and giving them a comfort level (that indicates) this is not the hot-button issue that it would have been 10 years ago. And some people, frankly, who just told me that they’re philosophically opposed to the idea of gay marriage or civil unions, and there’s no way they could vote for it.

GC: How adequate is the current Illinois law regarding hate crimes, and are you currently a part of those making it easier to both identify hate crimes and prosecute them as such?

GH: This is a huge issue. I think that the implementation of hate crimes - and I don’t know if this is way the law is written - and how they’re investigated is always difficult. You know, what constitutes the element of a hate crime? And this is something that continually needs work. And I don’t know if we need to more carefully refine the definitions within the law or the implementation by the police. What is it in the act itself, assuming someone doesn’t yell “dyke” or “fag” at you 20 times as they beat on you, that makes it clearly become a hate crime? And that’s true not only for our community but if it’s a hate crime against a woman, a religious stance, a crime against a transgender, crime against a particular race, etc. What we are trying to achieve in the legislature is making it easier to charge one of these crimes as a hate crime when that’s clearly what it is.

GC: How can people interested become involved in the fight for passage of HB 1826?

GH: Hopefully by the time this is printed the bill will have passed out of committee, and then I think it’s important for all folks in Illinois - especially downstate and in areas of the city not containing many LGBT citizens - to let your legislator know that you live in the area and that this is an important issue to you. So get your coworkers, relatives, friends and colleagues to call and write your legislator asking them to please vote for Bill HB 1826 when it comes to the floor.

Special thanks to Kathy Henning for her invaluable help in making this interview happen. Also thanks to Chief of Staff Brian Curtin.

Contact State Representative Greg Harris at Greg@GregHarris.org.

David R. Guarino is a Phi Beta Kappa graduate of De Paul University. A media/entertainment reporter based in Chicago, Guarino’s media/celebrity profiles have frequently been published in at least 20 LGBT publications nationwide. Guarino’s fiction has been featured in the Chicago magazine What’s Uptown, and his poetry/prose can be found in five editions of Off The Rocks, a LGBT anthology published by New Town Writers of Chicago. He can be reached at david.ronald@earthlink.net.

BILL HB 1826 AT A GLANCE WHAT IT MEANS TO YOU


Bill HB 1826 creates the “Religious Freedom and Civil Union Act.”

The Act provides, among other things, that its purpose is to provide “eligible same-sex and opposite sex couples with the same treatment as those in a civil marriage.” The Act further provides that parties to a civil union of the same sex are included in the terms “spouse,” “immediate family,” dependent” and related matters, and that domestic relations, probate and family law shall apply equally to parties to a civil union of the same sex.

The Act further provides that benefits apply equally to same-sex civil unions in these areas: Causes of actions related to spousal status, for wrongful death, emotional distress and loss of consortium, adoption, family leave, group insurance for state and municipal employees, accident and health insurance protections tied to former spouses and dependents and taxes and tax deductions based on marital status.

It provides that nothing in the Act should be construed to interfere with or regulate any religious practice concerning marriage and that no religion is required to solemnize a civil union to which it objects.

It also provides that a civil union is between “two persons” (rather than between “a man and a woman”) licensed, solemnized and registered under the Act. The provisions included herein effective immediately.

Sponsored by State Rep. Greg Harris (13th District)

Cosponsors: Reps. Sara Feigenholtz, Constance A. Howard, Harry Osterman, and others

The Human Services Committee okayed HB 1826, 5-4. It now moves to the House floor, where Harris said he hopes to call it for a vote this spring.