Colorado Politics

Polis’ election a milestone in decades-long campaign to normalize gay rights

In his victory speech Nov. 6, Democratic Gov.-elect Jared Polis stopped to thank Marlon Reis – his partner and co-father to their two children.

Heavy applause from the energized crowd gave Polis – the first openly gay gubernatorial candidate elected in the United States – time to break away from the dais to hug Reis, the first “first man” in the history of Colorado.

In the days since, Polis’ election made national headlines and his office has been flooded with interview requests, many to discuss the landmark moment in Colorado and the country’s history.

For gay, lesbian and transgender adults and children across the state – and the nation – Polis’ victory and those of other LGBT Colorado candidates – including six elected to the state legislature – offer hope where once there was none.

“What a wonderful, wonderful result from the state that gave us Amendment 2. I can remember reading about that and saying, ‘What is wrong with these people?'” said Kris McDaniel-Miccio, a lesbian, University of Denver law professor and New York native, who currently is on leave and living in her home state.

Just a generation ago, many Americans branded Colorado the state of hate, in large part due to Amendment 2, which passed in 1992 with 53 percent of the vote. The referendum prohibited the state government from protecting gay, lesbian or bisexual people from discrimination based on their sexual orientation.

The amendment drew immediate ire and condemnation. Celebrities refused to come to Colorado and others called for boycotts. Ultimately the U.S. Supreme Court deemed the measure unconstitutional in 1996 (but it is still written into the state charter).

“We must conclude that Amendment 2 classifies homosexuals not to further a proper legislative end but to make them unequal to everybody else,” Justice Anthony Kennedy wrote when he delivered the opinion of the court. “This Colorado cannot do.”

That ruling might be where Colorado’s wave of anti-gay sentiment broke, said Anton Schulzki, a board member of Inside/Out Youth Services, a Colorado Springs support agency for LGBT youths and IQ – intersex and questioning or queer – youths.

“Now, all of a sudden, it becomes ‘OK, you can’t do it. That kind of legal discrimination is, in fact, illegal,'” Schulzki said. “And from there it does become the kind of slow turnaround.”

A substantial part of that turnaround came from an increase of exposure across the board, McDaniel-Miccio said.

“People started to realize that they had gay people in their families, that their favorite person at work was a lesbian or a gay man or a transgender person,” she said. “Their favorite doctor, their favorite lawyer – if people do have favorite lawyers – their favorite baker … we were everywhere and the world didn’t end.”

McDaniel-Miccio said she has never advertised her sexual orientation. She recalled a moment of surprise when she learned that one student’s grandfather accepted her lifestyle.

“He came to my office and said ‘My grandfather found out that my teacher was Italian American and he was so proud … And then when I told him you were a lesbian he said ‘So, what’s the difference? She didn’t change, did she?'” McDaniel-Miccio said. “I almost fell out of my chair.”

Part of Colorado’s progress came as a concerted effort, Schulzki said.

In the early 2000s, four multimillionaires – Rutt Bridges, Tim Gill, Polis and Pat Stryker – gathered their resources and contacts in an effort to shift the state left.

The quartet was soon dubbed the “Gang of Four,” creating what became known as the Colorado Model, which established political infrastructure to push Democrats into public offices across the state.

The gang saw results. And Polis was elected to the U.S. House of Representatives, the first openly gay person to be elected to Congress.

More recently, President Trump has further catalyzed that leftward shift, said Robert Duffy, a political science professor at Colorado State University.

“Educated voters, younger voters, and a majority of unaffiliated voters do not embrace the culture war, anti-immigrant, climate denialism pushed by the [Republican] party’s leadership,” Duffy said. “Colorado is not yet as blue as California, but if these trends continue, it will be.”

Even some organizations of faith changed perspectives.

Twelve years ago, Brady Boyd took over as head pastor of New Life Church after its founder, Ted Haggard, was ousted when his relationship with a Denver gay escort became public.

At his peak, Haggard had the ear of then-President George W. Bush and was well known for his anti-gay rhetoric. But since Haggard’s career came crashing down in 2006, Boyd said, things have changed.

Of course, Boyd’s convictions remain the same. He defines marriage as between a man and a woman. But he said spiritual leaders can work with those who hold different viewpoints.

“It doesn’t mean we affirm their lifestyle, but it doesn’t mean we’re pushing them out,” Boyd said. “We’re not the gay-hating, gay-bashing New Life Church.”

Echoing McDaniel-Miccio, Boyd noted that much of the shift can be attributed to an increase of exposure. Friends, family members and even those among his 12,000 active congregation members have differing sexual orientations and gender identities, he said. And all are welcome.

“There are plenty of pastors willing to come to the table for the betterment of Colorado,” he said. “[Polis] won’t find me difficult to work with.”

But that doesn’t mean the clash between religious rights and gay rights is over.

Jack Phillips, owner of Lakewood’s Masterpiece Cakeshop, continues to roil in controversy. In 2012, he refused to make a custom wedding cake for two gay men, citing his religious beliefs. The men, Charlie Craig and David Mullins, sued and the case was eventually brought before the U.S. Supreme Court. The court ruled in Phillips’ favor in June.

McDaniel-Miccio pointed out the decision didn’t rule on the merits of the case, but instead determined that Phillips did not receive due process. A similar case will likely go before the Supreme Court in the future, she said.

Phillips, who could not be reached for comment, also was sued in July 2017 after he refused to make a cake for a transgender woman, Autumn Scardina.

Colorado also was also late to adopt same-sex marriage; Massachusetts first legalized it in 2004.

McDaniel-Miccio joined a group of plaintiffs in 2014 in a lawsuit seeking to end the state’s same-sex marriage ban, which ultimately was lifted that October. The Supreme Court less than a year later deemed marriage a fundamental right, guaranteed to same-sex couples in the landmark decision Obergefell v. Hodges.

McDaniel-Miccio reiterated Schulzki’s point, noting that Polis will act as a governor for all Coloradans. She said while she’s forever loyal to New York, she wishes her home state had a Governor Polis.

“Fuhgetaboutit,” she said. “Colorado is on the cutting edge and should be very proud of itself.”

Also in last week’s election, Brianna Titone, an Arvada Democrat, became the first known transgender person elected to the Colorado General Assembly.

Titone’s Republican opponent, Vicki Pyne, conceded the race Saturday after the Colorado secretary of state posted that Titone led by 368 votes.

Of course, the entire state isn’t on board with the recent political shift.

Although he says he’ll work with Polis when possible, evangelical chaplain and former Colorado state Rep. Gordon Klingenschmitt said he’s pushing for a redder state.

Klingenschmitt once accused Polis of wanting to “join ISIS in beheading Christians,” but later said the statement wasn’t meant seriously. His organization, The Pray in Jesus Name Project. is listed by the Southern Poverty Law Center as an anti-LGBT hate group.

“I’m actually hopeful that in the future Colorado will return to our conservative roots,” Klingenschmitt said.

Three issues most concern Klingenschmitt with Polis and a Democratic-majority statehouse, he said. The first is whether Polis will attempt to force Phillips to bake cakes against his will. The second is whether Polis will work to ban conversion therapy. And the third is whether the state will allow transgender people to “lie” on their new birth certificates.

Klingenschmitt said he is dear friends with Will Perkins, the Colorado Springs car dealership owner who funded and advocated for the implementation of Amendment 2.

“And I have tried to follow his example and carry on his legacy,” he said.

Klingenschmitt said he continues to send out petitions looking to overturn Obergefell v. Hodges and to define marriage as between one man and one woman. He said he has an email subscription list numbering about 25,000 nationwide.

Polis’ election came as a Democratic wave carried candidates into offices across the state, supplanting Republican incumbents. The new governor will have a Democratic-controlled state Senate for his first term in office. The election also marks the first time that Democratic women outnumber men in the state Senate.

With those kinds of numbers, Schulzki said it’s likely “conversion therapy” might be banned in the near future.

Conversion therapy to alter sexual orientation has proved damaging for many participants, the Human Rights Campaign says. For many, particularly children, the process leads to “depression, anxiety, drug use, homelessness and suicide.”

Those types of changes could set Polis up for blowback, McDaniel-Miccio said.

“He could face charges that he’s only doing it because he’s a gay man, which is absurd,” McDaniel-Miccio said.

The turn towards acceptance can be slow, but as long as Coloradans continue to participate in the Democratic process, they’ll see change, Schulzki said.

“Twenty-five years ago, Jared Polis might have imagined running for governor one day, but the possibility in Colorado probably didn’t exist, it was a pipe dream,” he said. “In 2018, it’s reality.”

 
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