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Same-sex marriages (SSM) & civil unions

Current status: U.S., Canada, Europe, etc.

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Current status in the U.S.:

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:

bulletIn Canada: they would be regarded as married. They and their children would have full provincial and federal rights.
 
bulletIn the U.S. depending upon the state they were in, they would be:
bulletConsidered married, and having full state rights.
bulletRecognized as being civil unionized, and having full state rights.
bulletRecognized as being in a domestic partnership and having some state rights
bulletBeing 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:

bulletSame-sex couples can marry in Connecticut, Iowa, Massachusetts, New Hampshire and Vermont. They were able to marry in California for much of 2008.
bulletThe District of Columbia has legalized SSM but the law could be overturned by a Congressional veto.
bulletNew York and New Mexico recognize valid SSMs performed elsewhere.
bulletState 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.

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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.

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Notes:

bulletStates typically provide a few hundred benefits, protections and rights to all married couples and their children.
bulletThe 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).

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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.

More details.

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Same-sex marriage in the rest of the world:

  1. 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.
  2. 2003: Belgium: Same-sex couples couples who are residents or citizens can marry, but cannot yet adopt. More details.
  3. Spain: 2005: The country legalized SSM in 2005-JUN. More details.
  4. 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.
  5. 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.
  6. Norway: 2008: Enabling legislation was passed during 2008-JUN; since 2009, same-sex couples have been able to marry. More details.
  7. Sweden: 2009: Enabling legislation was overwhelmingly passed by Parliament on 2009-APR-01. It will take effect on 2009-MAY-01. More details.
  8. Mexico City: 2009: The city became the first jurisdiction in Latin America to legalize SSM on 2009-DEC-21.
  9. 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:

bulletEurope: 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

bulletIsrael: 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.

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Related essay:

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Timeline of SSM events in the U.S., Canada, Europe, etc.

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Reference used:

The following information source was used to prepare and update the above essay. The hyperlink are not necessarily still active today.

  1. 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.
  2. 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/

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Copyright © 2003 to 2009 by Ontario Consultants on Religious Tolerance
Latest update and review: 200
9-DEC-19
Author: B.A. Robinson

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