Earlier this week the Supreme Court heard oral arguments in Obergefell v. Hodges, the consolidated marriage equality cases. It is a critical case in the fight for equal rights for LGBT Americans and the nation now waits to hear if marriage equality will soon be the law of the land (my prediction is it will be).
The Supreme Court finally decided to take a marriage equality case after declining several when the U.S. Court of Appeals for the Sixth Circuit ruled a marriage ban constitutional. This was the circuit split we had been waiting for. But before the Sixth Circuit ruling, every other marriage ban before a federal court had been struck down. The U.S. Court of Appeals for the Ninth Circuit was no exception, striking down three separate marriage bans last year and making marriage equality a reality throughout the circuit. Yet there is one governor who is pulling a Roy Moore.
After a lesbian couple filed a lawsuit after being denied a marriage license, Guam Attorney General Elizabeth Barrett-Anderson last month issued an opinion that the territory should follow the rulings of the Ninth Circuit (which it falls under) and should immediately start issuing marriage licenses to same-sex couples. It seems like an open and closed issue, right? Enter Republican governor Eddie Calvo.
Calvo ordered the Public Health Department, the territory agency responsible for issuing marriage licenses, to hold tight. Until his legal team has the chance to do its own legal research, no marriage licenses will be issued to same-sex couples. And he continues to punt. He has asked for the legislature to take up the issue, but he has not said he wouldn’t veto a marriage equality bill. He has asked for a public referendum, putting the rights of a minority up to the will of the majority, not to mention engaging in a costly endeavor only weeks before the Supreme Court will rule on the issue once and for all.
So what are loving and committed same-sex couples on the island supposed to do? It would appear they have two options, simply wait or travel to a marriage equality state (by the way the distance a couple would have to travel to get married is 3,950 miles).
Governor Calvo is defying the Ninth Circuit. He is stalling. When the marriage equality story is written – and it will be soon – Governor Calvo will be on the wrong side of history. Biba Guam and Hafa Adai, marriage equality.