Same-sex marriages and civil unions

Introduction

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U.S. Court rulings on marriage:

Marriage has been recognized as a fundamental human right:

• "This Court has long recognized that freedom of personal choice in matters of marriage and family life is one of the liberties protected by the Due Process Clause of the Fourteenth Amendment." (US Supreme Court: Cleveland Board of Education v. LeFleur, 1974)
• "The freedom to marry has long been recognized as one of the vital personal rights essential to the orderly pursuit of happiness by free men." (US Supreme Court: Loving v. Virginia, 1967. This was the ruling that allowed mixed-race marriages throughout the U.S.).

But people are only allowed to marry in most North American jurisdictions if their spouse is of the opposite sex. This means that gays and lesbians cannot marry the person with whom they have developed a committed relationship.

Marriage is an evolving institution:

There have been many restrictions controlling who can marry:

• In Old Testament times, when a husband died without children, his wife had to join in a levirate sexual relationship with his brother. She could not marry another man until she had produced a child. That child would be credited to her former husband. There were quite a few unusual marriage and family types in the Old Testament era in addition to the one man-one woman union.
• Prior to the civil war, African-Americans were not allowed to marry in some states.
• Prior to 1948, inter-racial couples were not allowed to marry in California and some other states. Then, the California Supreme Court ruled that a black woman could marry a white man. 19 years later, the U.S. Supreme Court, in the ironically named case Loving v. Virginia, ruled that mixed-race marriages were legal anywhere in America.
• As of 2008-JUN-19, with the exception of  the states of California & Massachusetts, and the Netherlands, Belgium, South Africa, Israel, Canada, Spain and Norway, gays and lesbians are not allowed to marry the person with whom they have developed a committed relationship anywhere in the world. However, some countries in Europe states in the U.S. have civil unions or domestic partnerships that grant to same-sex couples most or all of the rights and privileges that given to married couples. However, in U.S. states, they are denied the over 1,000 federal benefits.

Signs of change:

• Belgium: Same-sex couples couples who are residents or citizens can marry, but cannot yet adopt. More details.
• Canada: By 2005-JUL-19, as a result of various court decisions, governments of eight of ten provinces and one of three territories routinely issued marriage licenses to all couples, whether opposite-sex or same-sex, whether they are Canadians, Americans or from another country. On the order of 90% of Canadian same-sex couples were able to marry within their own province or territory. When bill C-38 was signed into law on 2005-JUL-20, same-sex marriages became available across Canada More details.
• 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.
• 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 soon. More details.
• Netherlands: Gay and lesbian couples, who are either citizens of the Netherlands or who have residency permits, are able to marry and adopt.  More details.
• Norway: Enabling legislation was passed during 2008-JUN; same-sx copuples will be able to marry in 2009. More details.
• Spain: The country legalized SSM in 2005-JUN. More details.
• South Africa: 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.
• United States: Same-sex couples in Vermont can register their relationship with the state as a civil union. They gain all of the rights and obligations that the state gives to heterosexual married couples. They are still denied the 1,049 federal "rights, benefits and privileges" that are routinely given to married couples. On 2003-SEP-19, California legislation creating a system of domestic partnerships which offer most of the state benefits given to married couples. It was signed into law by governor Gray Davis. It took effect at the start of 2005. Courts in Alaska and Hawaii once approved SSM; however, amendments to the state constitutions overturned these rulings. Other states, also give restricted privileges to registered same-sex couples.
  
  As of 2003-NOV-19, the current status of same-sex marriages and civil unions in the U.S. was shown below. Since this chart was made, several changes have occurred:
  • Massachusetts: Same sex marriages became available on 2004-MAY-20.
  • Canada: Full marriage with all provincial, territorial and federal benefits became available to all loving, committed couples regardless of gender on 2005-JUL-20.
  • Connecticut: Civil unions. became available on 2005-OCT-01
  • New Jersey: Civil unions became available on 2007-FEB-19.
  • Rhode Island: On 2007-FEB-21, the Attorney General ruled that SSMs are recognized in the state.
  • New Hampshire: A civil union bill is awaiting the governor's signature or veto.
  • New York: The legislature is considering a marriage bill.
    
    

Strategy:

Gays, lesbians, bisexuals, and their supporting groups have long felt that a direct drive to try to have the U.S. Supreme Court approve same-sex marriage would be too risky. They have largely abandoned efforts in state courts as well. Their current strategy appears to be to promote bills in state legislatures to allow civil unions or marriage.

On 2007-APR-16, Evan Wolfson of Freedom to Marry said:

"We actually have seen a record number of states this year in which bills were introduced to end gay couples' exclusion from marriage. Some of them will move forward. Some of them may move forward slowly over a period of a few years. And some of them will see a nonlinear progress, where they may move toward marriage, but through other measures, such as partnership or civil union, on the way to marriage equality. But the conversation has begun, and it's begun at the right level."

David Buckel, of Lambda Legal, a gay-positive group, noted:

"There were disappointments in the courts, but there have been successes as well. This is how these civil rights movements go forward � with ups and downs. And the question really is whether or not we're in it for the long haul, trekking all the way to the end, even though there are some valleys and mountains. And the answer is yes."

OutTake Media LLC produced a very effective 9� minute short in 2007 "to educate and defuse the gay marriage controversy." They are looking for funding to create a full-length documentary. View the short at: http://www.outtakeonline.com/

Opposition:

A public backlash following the 2003 decision by the courts in Massachusetts. Religious and social conservatives have been successful, by mid-2007, in changing the constitutions of 23 states to prohibit same-sex marriage. Some of these constitutional amendments were stealth measures that were promoted as banning same-sex marriage, but which in reality deny all non-married couples any benefits given to married couples. Common-law opposite-sex couples will be mainly affected.

a 2006 Pew Forum poll found that 70% of adults over 50 years of age oppose same-sex marriage. But most adults under 30 support it.

Future predictions:

• A New Hampshire civil union bill, now on the governor's desk, will be signed into law.
• A bill legalizing same-sex marriage in New York state has little or no chance of being passed. However a future bill creating civil unions may succeed.
• A few lawsuits may be launched by gays and lesbians who have obtained a state civil union, or domestic partnership who have been married in Massachusetts and then found that their home state refuses to recognize their status. All or essentially all will fail.
• Same-sex marriage in Canada will continue uneventfully until a majority Conservative federal government is elected. At that point, legislation to forcibly divorce tens of thousands of same-sex couples and give them civil unions will be introduced. Lawsuits will restart immediately.
• We expect that, eventually, the U.S. Supreme Court will rule that states must make either civil unions or marriage available throughout the U.S. for gays and lesbians. Churches will continue to be able to discriminate, on any basis that they feel justified, against couples who seek a same-sex marriage or civil union.  As at present, no church will be required to marry a heterosexual couple or conduct a civil union or marriage ceremony for a homosexual couple.

Reference used:

1. Barbara Hagerty, "Gay-Marriage Advocates Switch Tactics," National Public Radio, 2007-APR-16, at: http://www.npr.org/

Internet websites:

• The Lambda Legal Defense and Education Fund is the oldest and largest legal organization in the US working for the civil rights of lesbians, gay men, and people with HIV/AIDS. Their site contains a great deal of information on legal issues, case, decisions, resources, etc. See: http://www.lambdalegal.org
• Partners Task Force for Gay & Lesbian Couples is a national resource for same-sex couples. They support the diverse community of committed gay and lesbian partners through a variety of media. The constantly updated Web site contains 140+ pages of essays, surveys, legal information useful to couples, counselors, reporters, etc. Partners has also produced a video called "The Right to Marry"; images of the video are on the Web site. See: http://www.buddybuddy.com
• "The Freedom to Marry: Rites & Rights," details the history of marriage equality in the U.S., and provides quick access to the collection of court rulings and other documents. See: http://www.lmaw.org/freedom/
• "Gay Marriage: The arguments and the motives," is an essay by Scott Bidstrup which studies the causes of opposition to same-sex marriage. See: http://www.bidstrup.com/
• Rainbow Hearts is a web site devoted to gay and lesbians weddings, unions and marriages." See: http://rainbowhearts.gq.nu/ 
• Hawai'is Future Today, a Mormon-Roman Catholic group argues against same-sex marriages at: http://www.hawaiis-future-today.org/
• A liberal religious view is at: http://student-www.uchicago.edu/
• The Lambda Legal Defense and Education Fund has a "freedom to marry" WWW site at: http://www.ftm.org/
• Lambda's State by State same-sex marriage news can be accessed at: http://www.ftm.org/
• A copy of the Hawaii Supreme Court decision (124k) is seen at: http://www.eff.org/
• The text of Judge Kevin Chang's 1996-DEC ruling is at: http://www.ftm.org/
• If you doubt the importance of extending the marriage option to gays and lesbians, please read about the pain that hatred can accomplish in the absence of such legislation: http://www.critpath.org/
• The Queer Resources Directory maintains a page of same-sex marriage information; it is frequently updated. See: http://qrd.tcp.com/
• The Hawai'ian Equal Marriage Rights Project includes the current state-by-state status of anti-same-sex legislation, Hawai'ian news, the text of the report of the Commission on Sexual Orientation and the Law, etc. It is at: http://nether.net/
• A web page associated with the MARRIAGE mailing lists is at: http://abacus.oxy.edu/
• A web page discussing same-sex marriage in Canada is at: http://qlink.queensu.ca/
• The Same Sex Weddings mailing list is a support group for couples planning a same-sex wedding. See: http://www.onelist.com/

Essays and articles on same-sex marriage:

• Stuart Shepard, "Homosexual marriage debate spreads," Focus on the Family, 2001-JAN-24 at: http://www.family.org/
• "Gay Marriage: The arguments and the motives," is an essay by Scott Bidstrup which studies the causes of opposition to same-sex marriage. See: http://www.bidstrup.com/
• A 1996 statement by the National Conference of Catholic Bishops (United States) is at: http://www.knight.org/
• "A Rite for the Celebration of Commitment to a Life Together" at: http://www.oasiscalifornia.org/ forms part of the "Report of the Second Consultation of Episcopalians on Same-Sex Unions," July 1996; available online at: http://www.oasiscalifornia.org/
• "Defending What? Gay Bashing Taints Legitimate Debate", Anchorage Daily News, Anchorage AK, 1996-SEP-15
• "The Courts Deliver", Honolulu Advertiser, Editorial page, 1996-DEC-4, Section 1, Page 14
• John Boswell, "Same-Sex Unions in Premodern Europe", Villard, New York, NY, (1994) You can read a review and/or safely order this book from the Amazon.com online bookstore
• Valerie Abrahamsen, "Burials in Greek Macedonia: Possible evidence for same-sex committed relationships in early Christianity," Journal of Higher Criticism, 4/2 (1997-FALL), Pages 33-56. Available at: http://daniel.drew.edu/
• Rob Morse, "Who Are These Men to Put Asunder," San Francisco Examiner, 1996-SEP-11

Books and other non-Internet resources

• An English translation of the Danish Act on Registered Partnership can be obtained for $2.00 USF from Paz y Liberacion, Box 66450, Houston, TX 77266.
• John Boswell, "Christianity, Social Tolerance, and Homosexuality: Gay People in Western Europe from the Beginning of the Christian Era to the Fourteenth Century", Chapter 4, University of Chicago Press (1981). Read reviews and/or order this book.
• John Boswell, "Same-Sex Unions in Premodern Europe", Villard, New York, NY, (1994) You can read a review and/or safely order this book from the Amazon.com online bookstore
• Valerie Abrahamsen, "Burials in Greek Macedonia: Possible evidence for same-sex committed relationships in early Christianity," Journal of Higher Criticism, 4/2 (1997-FALL), Pages 33-56. Available at: http://daniel.drew.edu/

The Amazon.com online bookstore sells many books on same-sex marriage that you can safely buy:

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