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Practical Libertarianism
columnist: James Oaksun

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Topic: Gay Rights

State By State Probability of Enacting Marriage Equality


As discussed previously, a four-variable model was constructed to estimate probability of passage of marriage equality on a state by state basis.
by James Oaksun
(libertarian)
Tuesday, December 8, 2009

As mentioned in my previous article, "Marriage Equality: Lessons Learned 2008-2009," I constructed a four-variable predictive model to estimate the probability of marriage equality being enacted in a popular vote. Each state was given a score on a 0-100 scale.

Analysis of the results from elections in California (Prop 8), Maine (Question 1) and Washington state (R-71) strongly suggest the importance of certain demographic factors in the fate of marriage equality measures at the polls. Perhaps surprisingly to some, these demographic factors were not race based or age based. Rather, they dealt with levels of income, wealth and education among the voting population.

The four variables used in the model were:

  1. Wealth level (as measured by median home value);

  2. Proportion of upper income households;

  3. Proportion of adults with a four-year college degree, or a graduate, professional or doctoral degree; and

  4. Proportion of adults who are high school dropouts.

The source for the information was the 2000 U.S. Census. The data is publicly available, and free of charge. No other private datasets were used.

A commenter on the main article asked that I produce the state by state list, with the scores for each state. Below are those scores, and some comments will follow.

State                         Score

Hawaii                         100

Massachusetts       99

Connecticut            95

Colorado                        93

New Jersey                   92

Maryland                      90

Alaska                           86

Washington                  84

New Hampshire      83

District of Columbia     80

Minnesota                    79

Utah                              78

California                      74

Virginia                         70

Vermont                 68

Oregon                          67

Delaware                      66

Illinois                           66

New York                      66

Michigan                      59

Wisconsin                     58

Kansas                          57

Nebraska                      54

Wyoming                      53

Rhode Island                53

Montana                       51

Arizona                         51

Maine                           50

Nevada                         49

Ohio                              49

Idaho                            48

Georgia                        48

Pennsylvania               48

Iowa                      47

Indiana                         43

Florida                          42

Missouri                        41

South Dakota               39

North Carolina              38

New Mexico                  36

North Dakota                36

Texas                             34

Oklahoma                     29

South Carolina             26

Tennessee                    25

Alabama                       19

Louisiana                      17

Kentucky                      14

Arkansas                       10

West Virginia                  5

Mississippi                     5

The states in bold and italic already have marriage equality. Massachusetts  -- where marriage equality was enacted first, albeit by court decision -- has the second highest score. Connecticut, New Hampshire and Vermont all rate relatively high. Iowa -- where equality was enacted through the courts -- gets a relatively low score. As mentioned in the previous article, this suggests that if equality were put to a statewide popular vote in Iowa, it would not have an easy time passing.

Additional interesting observations concern states where votes are imminent or have recently been completed. New Jersey -- where legislative action is now underway (as of early December 2009) -- is the third highest rated state among those that have yet to enact equality. Washington state  -- where R-71 passed last month -- is in sixth place. Washington DC is seventh.

California ranks tenth of states yet to enact equality. Its score is 74, meaning I assess that there is a 74 percent chance of the state enacting equality in the next 5-10 years. However, it suggests that defeat of Prop 8, at least by purely looking at the demographics, was not a foregone conclusion. There are many states other than California that are more demographically favorable for an equality fight.

Many were disappointed at the New York state senate's rather lopsided defeat of equality in early December 2009. New York, however, is just in 15th place in this model. Many other states in America would be more favorable ground demographically for an equality push.

Finally, Maine was in 24th place, with a score of 50. This makes Maine not only the least likely New England state to pass equality, but puts it squarely in the middle of the pack as far as places in America likely to enact equality in the near term. (It must be noted, however, that the equality forces did, despite the unfavorable demographics, win 47 percent of the vote in Maine. Thus it can be argued that Maine's No on 1 campaign played a weak hand reasonably --  if not very -- well.)

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©2009 James Oaksun, all rights reserved. You must have written permission from the author in order to republish this work.
Published: Tuesday, December 8, 2009
Last modified: Tuesday, December 8, 2009

The views expressed in this article are those of James Oaksun only and do not represent the views of Nolan Chart, LLC or its affiliates. James Oaksun is solely responsible for the contents of this article and is not an employee or otherwise affiliated with Nolan Chart, LLC in his/her role as a columnist.

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Reader Comments:

Posted By: Gary
Date: 2009-12-08 14:34:48

Utah voters more likely than California to approve so-called homosexual "marriage"?  That pretty much blows away this ranking's credibility right there.

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Posted By: James Oaksun
Date: 2009-12-08 15:13:32

As you may have noticed Gary, CA has yet to approve marriage equality.  Salt Lake CIty has a very large gay population, one of the largest (proportionately) of any major city.  The LDS church leadership signed off on nondiscrimination already.  The former governor (Huntsman, now ambassador to China) favors civil unions.  A lot can happen in 10 years. 

All I'm saying is that there are certain demographic markers that strongly correlate with support of marriage equality.  Perfectly correlate?  No.  But strongly.  And I think reasonable treatment of the LGBT community is more likely at the state level in Utah than in a lot of other places.

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Posted By: Jahfre Fire Eater
Date: 2009-12-08 18:01:28

Hi James,

  I wonder if states that have equality have experienced an influx of gays? (or an out-pouring of homophobes?)

I wouldn't be surprised to see the first few states that adopt marriage equality become far more gay and far more liberal in the first 10 years.  The places that marriage equality could never happen would be glad to see them go.  It sounds like a win/win.  That's the beauty of a republic; states can have different laws for different reasons and individuals are free to choose any state that suits their priorities.

-Jahfre Fire Eater

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Posted By: Jahfre Fire Eater
Date: 2009-12-08 18:13:57

Personally I oppose the state having any say in or licensing of unions between individuals.  I also think businesses should be able to define the terms of their contracts without the government assigning meanings to words that the business owner disagrees with.  The government shouldn't be involved in marriage and it shouldn't be involved in business and it shouldn't be writing dictionaries.

I don't know if there is a legal name for it but when governments assign definitions to words I think every contract containing those words should be rendered broken pending re-wording to restore original intent.

It makes no sense to me that some gays are so enthusiastic about having the government more involved in their lives.

-Jahfre Fire Eater

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Posted By: sommers
Date: 2009-12-12 09:43:40

"Marriage equality".   I thought this title might have something to do with male spouses getting equal treatment to females within  or getting out of a marriage.

This arguement used to be presented as.....We in the homosexual community do not have equal rights.     ie: hospital visitation, financial planning, etc.

That was determined to be a real problem, therefore states started offering "unions" with all the benefits that a married couple might get.   As that was getting accomplished, the goalpost starts getting pushed back to "marriage".   Contractual unions, equal rights, NO. "marriage".   It's a word.  Probably from religious origins.  Governments jumped in, they always do.

I'll venture to say, if all 50 states ratified your "marriage equality" it wouldn't be long before there would be a demand for some sort of "affirmative action" for these particular unions, as they are a minority, and at some percieved or real disadvantage.

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