Rajah Bose for The New York Times
Henry D. Johnston and Alex Irwin near their home in Moscow, Idaho.
MOSCOW, Idaho — The border with Washington State is just two miles from the home that Henry D. Johnston and his partner, Alex Irwin, own here in western Idaho, but for a gay couple it might as well be a thousand. Over there, just a brisk morning's walk away, same-sex marriage was approved by a majority of statewide voters last fall; over here, the Idaho Constitution, through an amendment passed by voters in 2006, says that even a civil union granted elsewhere has no validity.
"Set your clock back," Mr. Johnston said of his daily commute home from a job in Pullman, Wash.
The nation's patchwork geography of same-sex marriage laws was not much of an issue when just a few states allowed it. But now nine states and the District of Columbia allow such unions, with Maine, Maryland and Washington voting to join the list last fall. And the Supreme Court could decide this summer whether equal marriage protections are a right under the Constitution.
The Obama administration is expected to file a brief on the question this week. On Monday, a group of prominent Republicans got there first, signing a brief to the court arguing that marriage is a constitutionally guaranteed right.
All that has made the borders, and the sharp disparities between states, more important and complex than ever for gay couples, and for interstate tourism as well. The marriage license office in Clark County, Wash., across the Columbia River from Portland, Ore., had to increase its hours to serve border couples when Washington's new law took effect.
The Episcopal Church said last month that the National Cathedral in Washington would soon begin conducting same-sex marriages. But if newlyweds drive home to the city's suburbs in Virginia, any rights granted under the vaulted limestone arches will disappear under Virginia's Constitution.
Mr. Johnston and Mr. Irwin, both proudly gay and proudly Idahoan, said they had thought about taking a Sunday drive to get married and then dismissed the idea out of hand. Marrying across the border and returning home to a place where none of it had legal meaning, they said, or picking up and moving to Washington to obtain marriage protections would represent equal measures of surrender and defeat. For them, the battle for rights and recognition is to be waged here at home, in a deeply conservative state where same-sex marriage remains, for now, an unlikely dream.
"How are things going to change if people aren't there to help make them change?" said Mr. Irwin, 25, who grew up mostly in Pullman.
Mr. Johnston, 27, who was born and raised in an Idaho timber-cutting town, said he rejected the idea of marrying just to make a statement. "The minute we drive across the border it would become invalid and we'd be back to just being two guys who own a house together," he said in an e-mail.
The message is clear, Mr. Johnston added in an interview, that they are staying put to fight. "We're not going anywhere," he said.
Hardly anyone imagines that Idaho and conservative places like it — voters in 30 states have banned same-sex marriage by statute or constitutional amendment — are likely to be moved anytime soon to a full embrace of gay life. The portrait, or caricature, of the American West in films like "Brokeback Mountain" has not entirely faded.
Even adding protections for gay men and lesbians to Idaho's Human Rights Act has hit a wall, with advocates unable to get the Republican-controlled Legislature to print a bill, let alone hold a public hearing, after years of trying.
But on the local level, the picture is changing, slowly, and it depends on where couples live.
In just the last two months, two Idaho cities, Ketchum and Boise, have passed nondiscrimination ordinances protecting gay, lesbian and transgender people in housing and employment. Three more communities, including Mr. Johnston and Mr. Irwin's town, are debating it. Before December, only one place, the small town of Sandpoint in the state's Panhandle, had enacted such protections.
Changes beyond Idaho's borders, including a subtle shift in policies in Utah by the Mormon Church, which has a huge influence in Idaho, have given gay people here added resolve and have provided crucial political cover for their supporters. In late 2009, the Church of Jesus Christ of Latter-day Saints said it would support nondiscrimination protections for gay people in Salt Lake City, home to the church's headquarters. About one-fourth of Idaho's population is Mormon, a higher percentage than any state besides Utah.
By ERIK ECKHOLM 27 Feb, 2013
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Source: http://www.nytimes.com/2013/02/27/us/state-laws-on-gay-marriage-lead-to-disparities.html?partner=rss&emc=rss
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