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 2005-JUL-24, with the exception of
Massachusetts, Netherlands, Belgium, South Africa, Israel, and Canada, 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 and the states of
California, Connecticut and Vermont have civil unions or domestic partnerships that grant
to same-sex couples most or all of the rights and privileges that the states
give to married couples. However, 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.
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.
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:
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.
Sponsored link:
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 9½
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.
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:
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/
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/
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/
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
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.
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: