Marriage compromised.

Just a few short weeks ago gay and lesbian activists in Hawaii were rejoicing in anticipation of a court ruling expected to clear the way for same-sex marriage in that state later this year. The ruling is still on its way, but its ultimate fate has been cast into doubt by the Hawaii state legislature, which reached a compromise April 16 that promises to extend the battle over gay marriage into the 1998 election and beyond.

"The fact of the matter is that we have said consistently that this would be a long battle and that no one victory and no one defeat would end it," says Evan Wolfson, director of the Marriage Project at Lambda Legal Defense and Education Fund, a gay group acting as cocounsel in the Hawaii case.

The Hawaii compromise, hammered out by legislators after weeks of sometimes acrimonious negotiations, contains two parts. In the first, an amendment to the state constitution that would allow the legislature to "reserve marriage to opposite-sex couples" will be placed before voters in November 1998. In the second part of the compromise, a package of some 60 benefits, including hospital visitation rights and insurance, will be extended to "reciprocal beneficiaries," which could include gay partners or relatives.

Just one week earlier, talks between the state senate, which favored the benefits package but not the amendment, and the house, which favored the amendment but not the benefits package, had broken down, leaving the prospects for a compromise grim. But the last-minute measure--the legislature was scheduled to adjourn April 29--has left gay activists unhappy.

"I can't tell you how upset I am," says Tracey Bennett, the lobbyist for Marriage Project Hawaii, a group supporting the original lawsuit. "We had hoped the senate would adhere to its desire to extend civil rights to all people, but the senate caved."

While the measure does present a setback to supporters of same-sex marriage, it is not a complete victory for its opponents either, since the measure requires voter approval of the amendment and then a bill to outlaw gay marriage.

"Who said it would be a straight line?" says Dan Foley, counsel to the three couples who brought the initial suit challenging the state. "This is what civil rights is all about. You take some hits, you get up, and you go get them."

The fight is playing out in other states as well. So far this year bills banning same-sex marriage have been introduced in 32 legislatures; seven have failed, and five have passed.

In the meantime, the Hawaii state supreme court is scheduled in June to hear arguments in the appeal of last December's lower court ruling granting gays and lesbians the right to marry. The court is anticipated to rule later this year, with the state expected to try to block a ruling upholding the lower court decision. Wolfson says the compromise should not affect the timing of the ruling: "The powerful legal argument is that they should not allow an injustice to go unaddressed for a year and a half waiting for a speculative outcome."

Foley agrees. "A delay would be seen as caving in to political pressure," he says. Should the court rule in favor of marriage, as is widely expected, Foley says the legislature would then be placed in the "tricky situation" of voiding existing legal relationships.

Even without marriage, however, gays and lesbians will gain about 60 new rights under the compromise, including domestic-partner benefits for public employees. The package is unparalleled in the history of gay rights. "It's nothing to sneeze at," says Foley, adding that winning such significant benefits would have been impossible without the marriage case. "For those people who pooh-poohed us and said domestic partnership is the way to go--well, guess who's getting domestic partnership? It wouldn't be here without this case."

The fight at the ballot box promises to be an expensive and bitter one, but Foley remains optimistic: "If we can get support nationally, as our opponents will, we can possibly defeat this measure. Ultimately, we're going to get it all. We're just not going to get it this month."