At the moment, the United States is a bit of a patchwork quilt. A married
same-sex couple with their children can go on a few hour-long drive, wander
through a number of states, briefly enter Canada, and change their status:
In Canada: they would be regarded as married. They and their children
would have full provincial and federal rights.
In the U.S. depending upon the state they were in, they would be:
Considered married, and having full state rights.
Recognized as being civil unionized, and having full state rights.
Recognized as being in a domestic partnership and having some state
rights
Being forcibly divorced, considered roommates, having their children
regarded as illegitimate, having no access to each other if one enters a
hospital, unable to make medical decisions if their partner is
incapacitated, etc.
Loving, committed couples need to plan their vacations carefully in case they
have a medical emergency or other problem.
As of 2009-DEC-21:
Same-sex couples can marry in Connecticut, Iowa, Massachusetts, New
Hampshire and Vermont. They were
able to marry in California for much of 2008.
The District of Columbia has legalized SSM but the law could be overturned
by a Congressional veto.
New York and New Mexico recognize
valid SSMs performed elsewhere.
State agencies in New York state recognize SSMs performed elsewhere.
Interracial couples had a similar situation back in the 1960's before the
1967 U.S. Supreme Court's ruling -- Loving v. Virginia -- overcame
racially bigoted laws in 16 states and made
interracial marriages legal across the country.
According to Wikipedia on 2009-DEC-05:
In comparison, a similar map for opposite-sex marriage would be
a sea of dark blue.
Colors used in the above map:
Same-sex marriage available now or about to become into effect: Connecticut, Iowa, Massachusetts, New Hampshire, Vermont.
Also Washington DC if a petition fails and Congress does not veto a law.
Civil Unions granting rights similar to marriage
Legislation granting limited/enumerated rights
California: SSM not available; previous SSMs recognized
Legal SSMs performed elsewhere recognized
No specific prohibition or recognition of same-sex marriages or
civil unions
State law bans SSM. Either the legislature or state
supreme court could legalize SSMs.
State Constitution bans SSM. Either a constitutional
amendment or decision by the U.S. Supreme Court could legalize SSMs.
State Constitution bans both SSM and other kinds of same-sex
unions; loving committed same-sex couples have the legal status of roommates.
Either a constitutional amendment or decision by the U.S. Supreme Court could
legalize SSMs.
Notes:
States typically provide a few hundred benefits, protections and rights to
all married couples and their children.
The 1,049 federal rights, benefits and
privileges automatically given to married opposite-sex couples are denied
same-sex couples because of the federal Defense of Marriage Act (DOMA).
Current status in Canada:
Since 2005-JUL-20. all loving, committed couples -- both same-sex and
opposite-sex -- have been able marry in all but one province and in all three
territories of Canada, The one exception was Prince Edward Island (PEI). They
initially couldn't figure out a process that would enable them to marry same sex
couples. Their motivation quickly increased when they faced a lawsuit from a
lesbian couple. Realizing that they had zero chance of winning at court, the
province quickly devised a mechanism to
marry the couple.
Both same-sex and opposite-sex couples can marry in Canada whether they are Canadians or citizens of
another country.
Late 2009 public opinion polls indicate that about two in three Canadian adults
approve of marriage equality. The topic is very rarely discussed in the media,
with the exception of wedding announcements.
Year 2000: * Netherlands: Gay and lesbian couples, who are either citizens of
the Netherlands or who have residency permits, are able to marry and
adopt. This was the first country in the world to make same-sex marriages
available. More details.
2003: Belgium: Same-sex couples couples who are residents or
citizens can marry, but cannot yet adopt. More details.
Spain: 2005: The country legalized SSM in 2005-JUN.
More details.
Canada: 2005: The country legalized SSM in 2005-JUL-20.
More details. Because of Canada's closeness to the
U.S. in terms of culture and geography, we have covered events leading up to
SSM in detail.
South Africa: 2006: Their Constitutional Court -- South Africa's
highest court -- ruled on 2005-DEC that same-sex marriages must be legalized
within a year. On 2006-NOV-15, their legislature passed a law legalizing
same-sex marriage, by a vote of 230 to 41 with three abstentions.
Norway: 2008: Enabling legislation was passed during
2008-JUN; since 2009, same-sex couples have been able to marry.
More details.
Sweden: 2009: Enabling legislation was overwhelmingly passed by
Parliament on 2009-APR-01. It will take effect on 2009-MAY-01.
More details.
Mexico City: 2009: The city became the first jurisdiction in Latin
America to legalize SSM on 2009-DEC-21.
Argentina: 2009: Ushuaia, the southern-most city in the world saw
the first SSM in Latin America. It is located in Tierra del Fuego province at
the southern tip of Argentina. More info.
* Years cited are when enabling legislation was passed. Most
legislatures passed laws that only took effect months later.
Other notes:
Europe: Many countries in Europe have created a type of civil
union for same-sex couples which grant them most or all of the benefits and
obligations of marriage. British Prime Minister Gordon Brown has pledged to
convince European countries who have no same-sex marriage or civil union law
to recognize those same-sex couples' civil unions contracted in Britain. He
said:
"We want countries where that hasn't been the case - especially in Eastern
Europe - to recognize them. We're negotiating agreements with France and then
with Spain. ...If we could show eastern Europe as well as western Europe, that
this respect for gay people is due, that would be really important. Of course
it will be tough, and will take many years, but that has never ever been a
good reason not to fight." 2
Israel: This country is unique in the world, in that
most couples are not permitted to marry within their own country. Couples
who are not Orthodox Jews must leave the country, get married elsewhere,
return to Israel and register their foreign marriages. Due to a loophole in
the law, this applies also to same-sex couples. The loophole is expected to
be plugged eventually. More details.
The following information source was used to prepare and update the above
essay. The hyperlink are not necessarily still active today.
The large graphic is copied from Wikipedia at:
http://en.wikipedia.org/ This file is licensed under the Creative Commons Attribution ShareAlike 2.5 License.
You are free to share and make derivative works of the file under the conditions that you appropriately attribute it,
and that you distribute it only under a license identical to this one. See:
Official license.
Image updated from Wikipedia periodically.
Hilary White, "UK Prime Minister Pledges to Force Gay Civil Union
Recognition in Eastern Europe," LifeSiteNews.com, 2009-DEC-18, at:
http://www.lifesitenews.com/