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Same-sex marriages (SSM) & civil unions

2013-APR: Current status: in the U.S.,
Canada, South America, Europe, etc.

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Disclaimer:

This essay is believed to be accurate as of 2013-MAY. However, legal recognition of same-sex relationships is in a continual state of flux. In the seven months between 2012-NOV and 2013-MAY, three states have attained marriage equality and a fourth -- Rhode Island -- is expected to as well. Do not rely on the following essay to make personal decisions.

Worldwide SSM status as of 2013-APR:

Fourteen countries have legalized SSM. In addition, same-sex marriage (SSM) is available in some states in Brazil, Mexico, and the U.S.

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There is currently a great deal of activity to legalize SSM in all predominately English-speaking countries.

Current status of same-sex marriages in the U.S.:

As of early 2013-MAY. The District of Columbia and ten states in the U.S. recognize same-sex marriage (SSM). The states, in alphabetical order. are: Connecticut, Iowa, Maine, Maryland, Massachusetts, New Hamphsire, New York, Rhode Island, Vermont, and Washington State. In addition, the Delaware Legislature passed a bill on MAY-07 to make SSMs available; it is expected to be signed into law shortly.

Same-sex couples were able to marry in California for much of the year 2008, until the right was terminated by a citizen initiative, Proposition 8. A lawsuit to have Prop. 8 declared unconstitutional is currently before the U.S. Supreme Court. A ruling is expected in 2013-JUN. If Prop. 8 is found to be constitutional, then a new Proposition will undoubtedly be sought to repeal Prop. 8. With the major shift in approval of SSM in that state, it is almost certain to pass.

However, because of the federal Defense of Marriage Act, (DOMA) the federal government is prohibited from recognizing same-sex marriages anywhere in the country. Same-sex married couples and their children receive none of the federal benefits, recognitions, protections etc., that are automatically given to opposite-sex married couples.

The next state to attain marriage equality is expected to be Delaware. In early 2013-MAY their Legislature approved SSM. The governor is expected to sign the bill into law shortly. There are active movements in about ten additional states to legalize SSM.

New Mexico does not allow same-sex couples to legally marry in the state. However, it does recognize valid SSMs performed elsewhere.

At the moment, the United States is a bit of a patchwork quilt and is liable to remain as such for years. A same-sex couple who had married, say, in Massachusetts, can go on a few hour-long drive with their children, wander through a number of states, briefly enter Canada, and change their status repeatedly:

In Canada: they would be regarded as married.

In the U.S. depending upon the state they were in, they might be: Considered married, and having full state rights but no federal rights, or Recognized as being civil unionized, and having full state rights but no federal rights, or. Recognized as being in a domestic partnership or some type of beneficiary relationship. They would have some state rights, but no federal rights, or Being temporarily divorced against their will, considered roommates, having their children regarded as illegitimate, having no guaranteed access to each other if one enters a hospital, unable to make medical decisions if their partner is incapacitated, etc. Most states do not recognize same-sex relationships -- even if the couple was legally married elsewhere. Such couples are regarded as "legal strangers" -- as mere roommates.

Loving, committed couples need to plan their vacations carefully in case they have a medical emergency or other problem.

Lambda Legal maintains a "national and state-by-state snapshot" of laws and constitutional amendments that affect LGBT persons. It is titled: "An Unfulfilled Promise: Lesbian and Gay Inequality Under American Law." It covers the following topics of concern for LGBT couples and individuals:

• Adoption.
• Same-sex marriage
• Employment discrimination
• Discrimination in accomodations.

The snapshot, which is a PDF file, can be viewed at: http://data.lambdalegal.org/  The document has a disclaimer: "This document offers general information only and not legal advice about specific situations."

Current status of same-sex civil unions and domestic partnerships in the U.S.:

Twelve states and the District of Columbia allow couples to register their relationships. They are called by different names: civil union, domestic partnership, designated beneficiary agreement, or reciprocal beneficiary relationship. These give same-sex couples some, most, or all of the state's legal benefits of marriage. However all are missing what many same-sex couples consider the most important right of all: to be able to refer to their relationship as a marriage.

As of 2012-APR: The jurisdictions are: California, Colorado, Delaware, District of Columbia, Hawaii, Illinois, Maine, Nevada, New Jersey, Oregon, Rhode Island, Washington state, and Wisconsin. _5,6

In a few political jurisdicitons like Connecticut, District of Columbia, and Maine, same-sex couples can either register their relationship as a civil union, etc., or be married.

About 46% of the U.S. population resides in a state where same-sex couples can marry, or register their relationship as a civil union, etc., or do either.

Interracial couples had a similar situation back in the 1960's before the 1967 U.S. Supreme Court's ruling -- Loving v. Virginia -- declared racially bigoted laws in 16 contiguous states in the deep South to be unconstitutional, and made interracial marriages legal across the country.

According to Wikipedia on 2013-APR-14:

1

In comparison, a similar map for opposite-sex marriage would be a sea of dark blue. Married couples are recognized throughout the US, Canada and other countries as married.

A more detailed map is available on the Wall Street Journal web site. It consists of a separate image for each of the 50 states and the District of Columbia. In each case, recent developments are listed. See: http://online.wsj.com/

Colors used in the above map:

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 all married same-sex couples in every state 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 nine out of ten province and in all three territories of Canada, The one exception was Prince Edward Island (PEI). Their provincial government initially couldn't figure out a process that would enable them to marry same sex couples. Their motivation to find a solution quickly increased when they faced a lawsuit from a lesbian couple. Realizing that they had absolutely zero chance of winning at court, the province quickly devised a mechanism to marry the couple and subsequent same-sex couples.

Both same-sex and opposite-sex couples can marry in Canada whether they are Canadians or citizens of another country if they meet age and genetic requirements.

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.

Status in South America at 2013-APR:

In different countries in the world, holding a same-sex marriage ritual can involve anything from a great celebration to a risk of arrest, trial and execution. The latter is the law in six predominately Muslim countries. Countries in South America do not go quite to these extremes. Reaction ranges from celebrations and marriage registration in Argentina, to an arrest, trial, and a potential life sentence in Guyana.

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14 countries have legalized (or are about to legalize) same-sex marriage in the world as of 2013-APR:

• 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.
  
  
• 2005: Spain: The country legalized SSM in 2005-JUN. More details.
  
  
• 2005: Canada: 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.
  
  
• 2006: 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.
  
  
• 2008: Norway: Enabling legislation was passed during 2008-JUN; since 2009, same-sex couples have been able to marry. More details.
  
  
• 2009: Sweden: Enabling legislation was overwhelmingly passed by Parliament on 2009-APR-01. It took effect on 2009-MAY-01. More details.
  
  
• 2009: Mexico City: The city became the first jurisdiction in Latin America to legalize SSM on 2009-DEC-21.
  
  
• 2009: Argentina: 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.
  
  
• 2010: Portugal: Amazingly, this country in which 97% of the population identifies with the Roman Catholic Church, turned its back on the Church's teachings and legalized SSM. The first same-sex couple were married on JUN-07
  
  
• 2010: Iceland: The first same-sex couple to be married was Prime Minister Johanna Sigurdardottir and her long-time female partner Jonina Leosdottir.
  
  
• 2010: Argentina: By mid-July, both houses in the Government had passed a same-sex marriage bill amid intense opposition from the Roman Catholic Church and evangelical Christian groups. It was signed into law; same-sex marriages have been available since 2010-JUL-22. More details. 
  
  
• 2013-APR: The governments of three countries have approved SSM or are expected to do so shortly:
  • France. More details.
    
    
  • New Zealand. More details.
    
    
  • Uruguay. More details.

 * 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 many of its citizens are unable to marry within their own country. Marriages in Israel are performed under a "confessional community" system. There are a total of 15 recognized religious communities, none of which recognize same-sex marriage. Jewish couples must be from the orthodox community in order to be eligible to be married in the country. Reformed Jews, Jews from other traditions, couples from an unrecognized religious community, and couples who are unaffiliated with any religion cannot marry in Israel. They 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. However, although same-sex couples can register their marriages, their registration carries no legal weight. The loophole is expected to be plugged eventually. Their relationship can be recognized as a type of cohabitation and they can receive most of the rights of marriage. More details.

Related essay:

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

References used:

The following information sources were 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/
3. "Argentine Senate backs bill legalizing gay marriage," BBC News, 2010-JUL-15, at: http://www.bbc.co.uk
4. "Same-sex marriage in Argentina," Wikipedia, as on 2011-JAN-10, at: http://en.wikipedia.org/
5. "Domestic partnership," Wikipedia, as at: 2013-APR-15, at: http://en.wikipedia.org/
6. "Civil union," Wikipedia, as at: 2013-APR-14, at: http://en.wikipedia.org/wiki/

Copyright © 2003 to 2013 by Ontario Consultants on Religious Tolerance
Latest update and review: 2013-MAY-07
Author: B.A. Robinson

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