Same-sex marriage in the United States
From Wikipedia, the free encyclopedia
Same-sex marriage, also referred to as gay marriage, is a marriage between two persons of the same sex. The issue is a divisive political issue in the United States and elsewhere. The social movement to obtain the rights and responsibilities of marriages in the United States for same-sex couples began in the early 1970s, and the issue became a prominent one in U.S. politics in the 1990s.
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[edit] Legal issues
[edit] Federal law
The legal issues surrounding same-sex marriage in the United States are complicated by the nation's federal system of government. Traditionally, the federal government did not attempt to establish its own definition of marriage; any marriage recognized by a state was recognized by the federal government, even if that marriage was not recognized by one or more other states (as was the case with interracial marriage before 1967 due to anti-miscegenation laws). With the passage of the Defense of Marriage Act in 1996, however, a marriage was explicitly defined as a union of one man and one woman for the purposes of federal law. (See .) Thus, no act or agency of the U.S. federal government currently recognizes same-sex marriage.
According to the U.S. federal government's General Accounting Office (GAO), more than 1,138 rights and protections are conferred to U.S. citizens upon marriage by the federal government; areas affected include Social Security benefits, veterans' benefits, health insurance, Medicaid, hospital visitation, estate taxes, retirement savings, pensions, family leave, and immigration law.
However, many aspects of marriage law affecting the day to day lives of inhabitants of the United States are determined by the states, not the federal government, and the Defense of Marriage Act does not prevent individual states from defining marriage as they see fit; indeed, most legal scholars[citation needed] believe that the federal government cannot impose a definition of marriage onto the laws of the various states by statute.
[edit] State law
Massachusetts has recognized same-sex marriage since 2004, though this only affects state law; the U.S. federal government does not recognize same-sex marriages in Massachusetts as being marriages under federal law.
Connecticut, Vermont, New Jersey, California, and New Hampshire have created legal unions that, while not called marriages, are explicitly defined as offering all the rights and responsibilities of marriage under state (though not federal) law to same-sex couples. Maine, Hawaii, the District of Columbia, Oregon and Washington have created legal unions for same-sex couples that offer varying subsets of the rights and responsibilities of marriage under the laws of those jurisdictions.
Some states that legally recognize same-sex relationships also recognize similar relationships contracted in other states, though those relationships are not recognized in states without such legal recognition.
In contrast, twenty-six states have constitutional amendments explicitly barring the recognition of same-sex marriage, confining civil marriage to a legal union between a man and a woman. Forty-three states have statutes restricting marriage to two persons of the opposite sex, including some of those that have created legal recognition for same-sex unions under a name other than "marriage." A small number of states ban any legal recognition of same-sex unions that would be equivalent to civil marriage.
Opponents of same-sex marriage have attempted to prevent individual states from recognizing such unions by amending the United States Constitution to define marriage as a union between one man and one woman. In 2006, the Federal Marriage Amendment, which would prohibit states from recognizing same-sex marriages, was approved by the Republican-controlled Senate Judiciary Committee, on a party line vote, and was debated by the full United States Senate, but was ultimately defeated in both houses of Congress.[1]
On August 30, 2007, Iowa Judge Robert Hanson temporarily annulled a law allowing marriage only between men and women before placing a stay the following day on his own ruling.[2]
[edit] Impact of foreign laws
The legalization of same-sex marriages across all of Canada (see same-sex marriage in Canada) has raised questions about U.S. law, due to Canada's proximity to the U.S. and the fact that Canada has no citizenship or residency requirement to receive a marriage certificate (unlike the Netherlands and Belgium). Canada and the U.S. have a history of respecting marriages contracted in either country.
Immediately after the June 2003 ruling legalizing same-sex marriage in Ontario, a number of American couples headed or planned to head to the province in order to get married. A coalition of American national gay rights groups issued a statement asking couples to contact them before attempting legal challenges, so that they might be coordinated as part of the same-sex marriage movement in the United States.[citation needed]
At present, same-sex marriages are recognized nationwide in the Netherlands, Belgium, Spain, Canada and South Africa. Same-sex marriage conducted abroad is recognized in Israel, Aruba and the Netherlands Antilles.
[edit] Debate
[edit] Conservative publications
A writer of The Weekly Standard, Stanley Kurtz, adjunct fellow at the Hudson Institute, blames same-sex marriage in the Netherlands for an increase in parental cohabitation contracts. He asserts that same-sex marriage has detached procreation from marriage in the Dutch mind and would likely do the same in the United States.
Using anecdotal evidence, such as a Dutch man and two women who entered a cohabitation agreement together, and a small Unitarian Church group that advocates polygamy, Kurtz states that allowing a monogamous same-sex marriage will create a social disorder that will eventually lead to group marriage.
...the American media are correct to report that the majority of Dutch citizens have accepted the innovation [same-sex marriage]. The press has simply missed the meaning of that public shift. Broad Dutch acceptance of same-sex marriage means that marriage as an institution has been detached from the public mind. That is why the practice of parental cohabitation has grown so quickly in the Netherlands. By the same token, the shoulder shrug that followed the triple wedding [polyamory] story shows that legalized group marriage in the Netherlands is a real possibility.[3]
[edit] Liberal publications
Christopher Ott, a reporter for The Progressive, has characterized the social conservatives' predictions of legalized polygamy in states such as Massachusetts that have same-sex marriage as false. He confronts the common argument that same-sex marriage would devalue marriage as a whole by referencing other historical events such as allowing women to vote and stating that it did not devalue the electoral process. Ott describes the prohibition of same-sex marriage as devaluing the American principle of equal treatment.
...you also have to wonder if he and other opponents to equal rights really understand the consequences of the amendments they support. Do they really want gay and lesbian couples separated at the emergency room door in the event of an accident or illness? Do they really think long-term couples should be denied the right to make medical or end-of-life decisions, which married couples take for granted? Do they really think that kids should be denied health coverage by one parent's health insurance because the law treats them as strangers? Do they really think it's fair for gay and lesbian people to pay the same taxes as everyone else, but to be denied the hundreds of rights, benefits and protections of marriage? Do they really think that a gay and lesbian couple that has been together for 50 years does not deserve the protections that non-gay newlyweds enjoy from day one?[4]
[edit] Groups supporting or opposing same-sex marriage
[edit] Opposing
Groups that oppose giving a legal status to same-sex marriages include Agudath Israel of America,[5] Alabama Policy Institute, the Alliance Defense Fund, Alliance for Marriage, American Center for Law and Justice, American Family Association,[citation needed] Americans for Truth About Homosexuality, American Values, California Family Council, Campaign for Children and Families, The Catholic League for Religious and Civil Rights, Caucus for America, The Center for Arizona Policy, The Christian Civic League of Maine, the Christian Coalition,[citation needed] Christians for Biblical Equality, Christian Legal Society[6], the Christian Voice,[citation needed] the Church of God (Anderson, IN),[7] the Church of God in Christ,[8] The Church of Jesus Christ of Latter-day Saints,[citation needed] Citizens for Community Values, Coalition to Save Marriage in New York, Colorado Family Institute, the Conservative Congregational Christian Conference,[9] the Conservative Mennonite Conference[10] The Conservative Party of New York State, Convocation of Anglicans in North America, Cornerstone Institute of Idaho, the Council on Biblical Manhood and Womanhood,[11] Eagle Forum, the Evangelical Methodist Church,[12] Family Action Council of Tennessee, Exodus International[citation needed], Family First, The Family Foundation, Family Institute of Connecticut, Family Policy Institute of Washington, Family Research Council,[citation needed] Family Research Institute of Wisconsin, Florida Family Policy Council, Focus on the Family,[citation needed] Free Market Foundation, Georgia Family Council, Hawaii Family Forum, The Heritage Foundation, the Hutterite Brethren,[13], Indiana Family Council, Institute for Marriage and Public Policy,[14] Liberty Counsel, Iowa Family Policy Council, Louisiana Family Forum, Lutheran Church - Missouri Synod,[15] Maine Jeremiah Project, Marriage Law Project, Massachusetts Family Institute, MassResistance, Michigan Family Forum, Minnesota Family Institute, Mississippi Center for Public Policy, Montana Family Foundation, the Moral Majority,[citation needed] NARTH,[citation needed] National Organization for Marriage, New Hampshire Family Values, New Jersey Family Policy Council, New Yorker’s Family Research Foundation, New York State Catholic Conference, North Carolina Family Policy Council, Oklahoma Family Policy Council, the Orthodox Church in America,[16] Palmetto Family Council, Parents and Friends of Ex-Gays and Gays,[17] Pennsylvania Family Institute, the Presbyterian Church in America,[18] the Rabbinical Council of America,[19] Religious Freedom Coalition, Renew America, the national Republican Party,[20] most state Republican Parties,[citation needed] the Roman Catholic Church,[citation needed] the Seventh-day Adventist Church,[21] South Dakota Family Policy Council, Southern Baptist Convention,[22] Thomas More Law Center, Unification Church,[citation needed] the Union of Orthodox Jewish Congregations of America (OU).[19], Vermont Renewal, and West Virginia Values Coalition.
[edit] Supporting
Organizations and individuals supporting same-sex marriage include the American Psychiatric Association[23], the American Psychological Association[24] [25], the Alternatives to Marriage Project[26], the American Civil Liberties Union,[27] Freedom to Marry,[27] Gay & Lesbian Advocates & Defenders,[27] Gay & Lesbian Alliance Against Defamation,[27] the Human Rights Campaign,[27] Coretta Scott King [3], Tucker Carlson, Lambda Legal,[27] Marriage Equality USA [4], MassEquality,[27] the Metropolitan Community Church, Stonewall Democrats, PFLAG, Family Pride, Log Cabin Republicans, Gay and Lesbian Advocates and Defenders, Basic Rights Oregon, Equal Rights Washington, Equality Alabama, Equality California, Kansas Equality Coalition, Equality Maryland, Equality Mississippi, Equality North Dakota, OutFront Minnesota, Outright Libertarians, Kentucky Equality Federation, Scott County Liberals & Friends, Leadership Conference on Civil Rights, Stonewall Young Democrats, Kentucky Fairness Alliance, Human Rights Watch, Lavender Greens, Human Rights Watch, Gay and Lesbian Victory Fund, People for the American Way, Soulforce, COLAGE, National Black Justice Coalition,[citation needed] National Center for Lesbian Rights,[27] National Gay and Lesbian Task Force,[27] National Organization for Women[5], Reform Judaism,[citation needed] the Unitarian Universalist Association,[28] and the United Church of Christ.[29]
Additionally, the mayors in 2006 of several large cities such as Atlanta, Boston, Chicago, Los Angeles, New York City, Salt Lake City, San Francisco, and Seattle publicly supported same-sex marriage.
Other politicians who have announced their support for same-sex marriage include Massachusetts Governor Deval Patrick, former Alaska Senator Mike Gravel, former New York Governor Eliot Spitzer, New York Governor David Paterson, Ohio Congressman Dennis Kucinich, former Vice President Al Gore, and Massachusetts Senator Ted Kennedy.
Several political parties such as the Communist Party USA,[30] U.S. Green Party, the Socialist Party USA,[31] and several state Democratic Parties, including the Iowa Democratic Party, [32] the Maine Democratic Party, [33] the Massachusetts Democratic Party, [34] and the Washington State Democratic Party [35] also support gay marriage.
[edit] Supporting civil unions or domestic partnerships
Those supporting the creation of a legal status for same-sex couples in the form of civil union or domestic partnership legislation include some state governors, such as those of California, Connecticut, New Mexico, Oregon, and Washington, the national Democratic Party,[36] and President George W. Bush.[37] [38] [39]
[edit] Popular opinion
[edit] Case law
United States case law regarding the spousal rights of gay or bisexual persons:
- Baker v. Nelson, 191 N.W.2d 185 (Minn. 1971) (upholding a Minnesota law defining marriage)
- Jones v. Hallahan, 501 S.W.2d 588 (Ky. 1973) (upholding a Kentucky law defining marriage)
- Singer v. Hara, 522 P.2d 1187 (Wash. App. 1974)
- Adams v. Howerton, 673 F.2d 1036 (9th Cir. 1982), cert. denied, 458 U.S. 1111 (affirming that same-sex marriage does not make one a "spouse" under the Immigration and Nationality Act)
- De Santo v. Barnsley, 476 A.2d 952 (Pa. Super. Ct. 1984)
- In re Estate of Cooper, 564 N.Y.S.2d 684 (N.Y. Fam. Ct. 1990)
- Dean v. District of Columbia, 653 A.2d 307 (D.C. 1995)
- Storrs v. Holcomb, 645 N.Y.S.2d 286 (N.Y. App. Div. 1996) (New York does not recognize or authorize same-sex marriage) (this ruling has since been changed, New York does recognize same-sex marriages performed in other states)
- In re Estate of Hall, 707 N.E.2d 201, 206 (Ill. App. Ct. 1998) (no same sex marriage will be recognized; petitioner claiming existing same-sex marriage was not in a marriage recognized by law)
- Baker v. State, 170 Vt. 194; 744 A.2d 864 (Vt. 1999) (Common Benefits Clause of the state constitution requires that same-sex couples be granted the same legal rights as married persons)
- Rosengarten v. Downes, 806 A.2d 1066 (Conn. 2002) (state will not recognize Vermont civil union)
- Burns v. Burns, 560 S.E.2d 47 (Ga. Ct. App. 2002) (recognizing marriage as between one man and one woman)
- Frandsen v. County of Brevard, 828 So. 2d 386 (Fla. 2002) (State constitution will not be construed to recognize same-sex marriage; sex classifications not subject to strict scrutiny under Florida constitution)
- In re Estate of Gardiner, 42 P.3d 120 (Kan. 2002) (a post-op male-to-female transgendered person may not marry a male, because this person is still a male in the eyes of the law, and marriage in Kansas is recognized only between a man and a woman)
- Standhardt v. Superior Court ex rel. County of Maricopa, 77 P.3d 451 (Ariz. Ct. App. 2003) (no state constitution right to same-sex marriage)
- Morrison v. Sadler, 2003 WL 23119998 (Ind. Super. Ct. 2003) (Indiana's Defense of Marriage Act is found valid)
- Goodridge v. Dept. of Public Health (Massachusetts Supreme Judicial Court, 2003) (denial of marriage licenses to same-sex couples violated provisions of the state constitution guaranteeing individual liberty and equality, and was not rationally related to a legitimate state interest.)
- Lewis v. Harris (New Jersey Supreme Court, 2006) (New Jersey is required to extend all rights and responsibilities of marriage to same-sex couples, but prohibiting same-sex marriage does not violate the state constitution; legislature has 180 days from October 25, 2006 to amend the marriage laws or create a "parallel structure.")
- Andersen v. King County (Washington Supreme Court, 2006) (Washington's Defense of Marriage Act does not violate the state constitution)
- Hernandez v. Robles, 7 N.Y.3d 338 (New York Court of Appeals, 2006) (New York's marriage statutes do not permit same-sex marriage and are not unconstitutional).
- Conaway v. Deane, ___ A.2d. ___ (Md. 2007) (upholding state law defining marriage as between a "man" and a "woman," stemming from No. 44, Sept. Term 2006)
- Martinez v. County of Monroe (New York Supreme Court, Appellate Division, 2008) (The court ruled unanimously that because New York legally recognizes out-of-state marriages of opposite-sex couples, it must do the same for same-sex couples. The county is seeking leave to appeal the decision.[6])
[edit] References
- ^ Senate blocks same-sex marriage ban, CNN, June 7, 2006, (Accessed July 5, 2006)
- ^ BBC NEWS, Iowa judge approves gay weddings
- ^ Stanley Kurtz Bangs Drum About Polyamory and Bisexuality. Poly Greens News, January 7th, 2006.
- ^ Ott, Christopher, [1], The Progressive, February 8, 2005.
- ^ Jewish Law - LawPolicy ("Agudath Israel of America - Policy Paper")
- ^ DOMAwatch.org - Links
- ^ Resolution Regarding Same-Sex Marriage. The Church of God General Assembly Resolution, 2004. Retrieved on 2006-07-05.
- ^ Church Of God In Christ, Inc
- ^ gender-news.com
- ^ CMC Statement on Homosexuality. Conservative Mennonite Conference. Retrieved on 2006-07-05.
- ^ CBMW » Normalizing Same-Sex "Marriage" through Divorce
- ^ Williamson, Edward W.. Is America witnessing the end of marriage?. The Evangelical Methodist Church. Retrieved on 2006-07-05.
- ^ Hutterites take rare political stand against gay marriage. CBC News (2005-02-18). Retrieved on 2006-07-05.
- ^ DOMAwatch.org - Links
- ^ http://www.lcms.org/graphics/assets/media/LCMS/wa_homosexuality.pdf
- ^ On Marriage, Family, Sexuality, and the Sanctity of Life. Orthodox Church in America. Retrieved on 2006-07-05.
- ^ DOMAwatch.org - Links
- ^ PCA Statement on marriage and Sexuality
- ^ a b Same-Sex Marriage, Rabbinical Council of America. (Accessed July 5, 2006)
- ^ Republican Party 2004 Platform.
- ^ The Seventh-Day Adventist Church and Homosexuality.
- ^ Article Not Found!
- ^ http://archive.psych.org/edu/other_res/lib_archives/archives/200502.pdf
- ^ Resolution on Sexual Orientation and Marriage
- ^ HRC | Same-Sex Marriage Stance: American Psychological Association
- ^ Alternatives to Marriage Project | The Alternatives to Marriage Project Welcomes Same-Sex Marriage in Massachusetts - and Looks Ahead - Alternatives to Marriage Project
- ^ a b c d e f g h i Marriage Equality for Same-Sex Couples (2004-05-14). Retrieved on 2007-01-13.
- ^ "Bisexual, Gay, Lesbian, and Transgender Community", [2] (accessed July 2007)
- ^ BBC NEWS | Americas | US Church backs same-sex marriage
- ^ Election Platform 2004. Communist Party USA. Retrieved on 2006-07-05.
- ^ Socialist Party Platform: Human Rights. Socialist Party USA. Retrieved on 2006-07-05.
- ^ Iowa Democratic Party Platform. Iowa Democratic Party. Retrieved on 2008-03-17.
- ^ 2006 MDP Platform. Maine Democratic Party. Retrieved on 2008-03-17.
- ^ Massachusetts Democratic Party Platform. Massachusetts Democratic Party. Retrieved on 2008-03-17.
- ^ Platform of the Democratic Party of Washington. Washington State Democratic Convention. Retrieved on 2008-03-17.
- ^ Democratic Party 2004 Platform. see page 42
- ^ Hunter, Melanie. "Bush Tolerates Civil Unions, Thinks States Should Decide", Cybercast News Service, 27 October 2004. Retrieved on 2008-03-07.
- ^ Bumiller, Elisabeth. "Bush Says His Party Is Wrong to Oppose Gay Civil Unions", The New York Times, 26 October 2004. Retrieved on 2008-03-07.
- ^ "Bush's gay union stance irks conservatives", Associated Press, 26 October 2004. Retrieved on 2008-03-07.
[edit] Bibliography
- Wolfson, Evan (2004). Why Marriage Matters: America, Equality, and Gay People's Right to Marry. New York: Simon & Schuster. ISBN 0-7432-6459-2.
- Chauncey, George (2004). Why Marriage?: The History Shaping Today's Debate over Gay Equality. New York: Basic Books. ISBN 0-465-00957-3.
- Dobson, James C. (2004). Marriage Under Fire. Sisters, Or.: Multnomah. ISBN 1-59052-431-4.
[edit] In General
[edit] In USA
- Same-sex marriage in the United States public opinion
- Same-sex marriage status in the United States by state
- Same-sex marriage legislation in the United States
- Same-sex marriage legislation in the United States by state
- List of benefits of marriage in the United States
- Defense of Marriage Act
- Marriage Protection Act
- Defense of marriage amendment
- Federal Marriage Amendment
- Domestic partnerships in the United States
- Freedom to Marry Coalition
[edit] External links
- LA Weekly feature, "California Supreme Court Set to Consider Gay Marriage," Feb. 2008 by Matthew Fleischer
- PollingReport.com Law and Civil Rights compendium
[edit] Supporting same-sex marriage
- Human Rights Campaign
- Marriage Equality USA
- Freedom to Marry
- National Organization for Women: Same-Sex Marriage is a Feminist Issue
- American Civil Liberties Union
- The Democratic Party GLBT Community
- Gay and Lesbian Advocates and Defenders (GLAD)
[edit] Opposing Same-Sex Marriage
- Alliance Defense Fund
- Alliance for Marriage
- American Family Association
- Caucus for America
- Concerned Women for America
- Family Research Council
- Focus on the Family
- Liberty Counsel
- National Organization for Marriage
- Renew America
 Same-sex marriage in the United States  |
|
|---|---|
| Marriage legalized | Massachusetts |
| Civil unions enacted | Connecticut - New Hampshire - New Jersey - Vermont |
| Domestic partnerships enacted | California - District of Columbia - Hawaii - Maine - Oregon - Washington |
| Prohibited by statute | Arizona - Connecticut - Delaware - Florida - Illinois - Indiana - Iowa - Maryland - Minnesota - New Hampshire - New York - North Carolina - Pennsylvania - Puerto Rico - Washington - West Virginia - Wyoming |
| Prohibited by constitutional amendment |
Alabama - Alaska - Arkansas - Colorado - Georgia - Hawaii - Idaho - Kansas - Kentucky - Louisiana - Michigan - Mississippi - Missouri - Montana - Nebraska - Nevada - North Dakota - Ohio - Oklahoma - Oregon - South Carolina - South Dakota - Tennessee - Texas - Utah - Virginia - Wisconsin |
| Marriage or Civil Union Law proposed |
California - Connecticut - Illinois - Maine - Maryland - New Mexico - New York - Rhode Island - Vermont - Washington |
| Marriage undefined | New Mexico - Rhode Island |
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