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Homosexuality and bisexuality

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Same-sex marriages (SSM), civil unions,
domestic partnerships & other human
rights issues affecting same-sex couples.
Currently, the most active U.S. religious conflict.

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We use the acronym "SSM" throughout this section to represent "same-sex marriage."
We use the acronym "LGBT" to refer to lesbians, gays, bisexuals, transgender persons and transsexuals.

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Disclaimer: Please read.

We recommend that visitors to this web site not make any personal decisions based on the following information -- including other essays linked to this menu -- without first checking accuracy with independent sources. The status of same-sex marriage in the 50 states is in extreme flux and sometimes changes daily.

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A quotation concerning marriage:

Portrait of Justic Douglas Justice William O. Douglas (1898-1980): A passage from his ruling for the majority in the U.S. Supreme Court case, Griswold v. Connecticut, dated 1965-JUN. This was the first ruling that guaranteed individual right to privacy, at least for married couples. It overturned a state law that criminalized the use of contraceptives. The law had been passed in 1879 and almost never enforced. This quotation is often incorporated into same-sex wedding ceremonies:

"We deal with a right to privacy older than the Bill of Rights — older than our political parties, older than our school system. Marriage is a coming together for better or for worse, hopefully enduring, and intimate to the degree of being sacred. It is an association that promotes a way of life, not causes; a harmony in living, not political faiths; a bilateral loyalty, not commercial or social projects. Yet it is an association for as noble a purpose as any involved in our prior decisions."

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wedding rings Some current really "hot topics" about same-sex marriage (SSM):

SSM appears to be the most prominent religious conflict in the U.S. today, surpassing even abortion access.

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same sex marriage symbol Worldwide SSM status as of 2013-APR:

Marriage equality -- creating the right for loving, committed same-sex couples to marry -- has become established in a growing number of U.S. States and in many other countries.

Among major English speaking countries, only Australia, Ireland, and Northern Ireland have not taken this step. Public support for SSM is quite high in these countries and debate is active there.

Countries which allow same-sex marriage 1

The countries that do not yet allow same-sex marriages are outlined shown in gray, but are missing in some browsers. Sorry about that.

Since this map was made:

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Aspects of same-sex marriage (SSM) discussed in this section:

SSM is very controversial. The central government in almost every other country is responsible for defining marriage eligibility. However, in the U.S., marriage is defined at the state level. This means a total of 52 separate battles -- one in each of 50 states, the District of Columbia, and the federal government. The current status is shown below.

Prohibiting same-sex marriage seems to have assumed greater importance recently among religious and social conservatives than even restricting women's access to abortion. Part of the opposition is due to beliefs promoted by some conservative faith groups about the nature of sexual orientation. Some common beliefs are:

  • That everyone is born heterosexual but that some people choose to become gay or lesbian later in life;

  • That homosexuality is an addiction similar to drug dependence or alcoholism. Once some people try same-gender sexual activity, they become "hooked"on it.

  • That children who are sexually abused by adults of the same gender are much more likely to become gay or lesbian during their teen or early adult years.

  • That adults who engage in same-gender sexual activity can become heterosexual through prayer and therapy;

  • That abusive pedophilia -- adults sexually molesting pre-pubertal children -- is much more common among gays and lesbians than among heterosexuals.

  • That children raised in families headed by a same-sex couple do not thrive as well as children raised by an opposite-sex couple.

All of the above are denied by numerous professional mental health organizations like the American Psychological Association, American Psychiatric Association, etc. and by human sexuality researchers. Unfortunately, little or no dialogue is occurring among these associations and faith groups to resolve their differences. They remain far apart on fundamental understanding of sexual orientation.

Additional religious beliefs commonly found among conservative faith groups are:

  • That all persons who engage in same-gender sexual activity will spend eternity after death in Hell. This belief often causes great emotional pain to the LGBT community as well as parents of lesbians, gays, bisexuals and transgender individuals.

  • That homosexual behavior is hated by God.

  • That if same-sex marriage becomes more common in the U.S. that God will retaliate at some point by causing one or more horrendous natural disasters as he did at Sodom and Gomorrah, and later during the time of Noah, with great loss of life. 2 Fear of God's punishment is a main motivator among many religious conservatives which causes them to strongly oppose SSM.

Many recent court rulings have determined that those states that have banned same-sex marriage through legislation and/or by amending their constitution have violated the equal protection and/or the due process clauses of the U.S. Constitution's 14th Amendment. These states can expect to have same-sex marriage eventually legalized by rulings of one of their federal District Courts because of these violations.

Since 2011, national polls have regularly showed that most Americans favor legalizing SSM. Support is increasing, and opposition is dropping, each by 1 to 2 percentage points/year.

Previous to 2012, referendums in two states terminated SSMs: California in 2008 and Maine in 2009. These votes temporarily prevented new SSMs. They were passed with about a 6 percentage point margin. The most recent referendums on SSM were held on 2012-NOV-06 to restore SSM in Maine, and legalize SSM in Maryland, and Washington State. All three states legalized SSM with about a 5 percentage point margin. Overall gain in margin over four years was about 11 percentage points.

The movement towards equal rights and benefits for same-sex couples appears to be accelerating. It is at least partly caused by a generational shift: The vast majority of teens support marriage equality. Most senior citizens still oppose marriage equality, but are leaving the voter pool because of disability or death.

A large and growing percentage of the adult population believes that marriage equality is inevitable.

An increasing number of religious and social conservatives are diverting their energy away from preventing same-sex marriage. They are working harder to establish the right of individuals, companies and churches to actively discriminate against the LGBT community without running afoul of state human rights legislation. They promote this in the name of religious freedom. But it is not religious freedom in the historical meaning of the term, which includes the freedom of belief, freedom to assemble, freedom of religious speech, freedom to proselytize, etc. It is a recently emerged meaning for religious freedom: the religiously-based freedom to oppress and discriminate against others. Few seem to realize that the ethic of reciprocity -- a.k.a. Golden Rule -- requires Christians and followers of other religions to do the exact opposite.

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Topics covered in this section:

bullet Introductory material:
bullet

Background material:       <<< Please read some of these essays first!

bullet

History and current status of SSM and civil unions:

bullet Harms resulting from:

bullet The denial of marriage rights to same-sex couples

bullet Same-sex marriage itself according to some conservatives
 
bullet Health benefits resulting from SSM

bullet Quotations showing the diversity of beliefs about SSM

bullet Additional material:
bullet Changes, including re-definitions, of marriages since before biblical times

bullet Why are couples not permitted to marry?
bullet The battle over interracial marriage in the U.S. Part 1   Part 2   Part 3

bullet Why do some same-sex couples want to marry?

bullet Disagreements over whether same-sex marriage should be permitted
bullet Analysis of Family Research Council`s stance on SSM
bullet Arguments against SSM raised by the National Organization for marriage
bullet Allowing military chaplains to conduct SSM ceremonies
bullet Inside a "scary, society-destroying family" led by parents of the same sex
bullet Support for same-sex marriage by the National Association of the Deaf (NAD)
bullet A speech by Ed Fallon in opposition to a state DOMA law in Iowa

bullet How do children fare with same-sex parents?
bullet One child with three legal parents: a Canadian court decision

bullet Governments that recognize same-sex relationships

bullet Companies that extend benefits to partners of gay/lesbian employees

bullet Marriage benefits that are denied to gay & lesbian couples

bullet A sampling of opinions by religious leaders and individuals
 
bullet Affects of Religion and race on attitudes towards SSM:
bullet Christian, Jewish and other religions' policies toward same-sex marriages and equal rights for gays

bullet The Bible and same-sex marriage

bullet Two aspects to marriage: civil and religious: should they be separated?

bullet Marriage and family forms in the Bible and now

bullet Reactions by the African American churches and community concerning marriage equality
bullet 2012: Resolution by the Southern Baptist Convention that same-sex marriage is not a civil rights issue:
bullet 2008: Article in Newsweek in support of SSM

bullet

TV ads by the National Organization for Marriage opposing SSM:

bullet Laws in the U.S. and elsewhere in the world:
bullet Legal aspect of same-sex marriages

bullet U.S. court & legislative activity restricting same-sex marriage - DOMA laws

bullet The Nebraska DOMA law declared unconstitutional

bullet

U.S. Constitutional amendments to ban SSM:

bullet An interpretation of the U.S. Constitution as it applies to same-sex marriage

bullet Will SSM inevitably lead to decriminalizing polygamy?
 
bullet International declarations on the rights of LGBT persons
 
bullet Laws in other countries that oppress or protect LGBT persons
 
bullet Public opinion polls:
bullet In the U.S.:
bullet Single polls
bullet Repeated polls:
bullet On same-sex marriage
bullet On same-sex civil unions

bullet In Canada:
bullet 1996 to 2002;
bullet 2003
bullet 2004
bullet 2005 This is the year in which SSM was legalized across Canada
bullet 2006

bullet Anecdotal comments about SSM

bullet Legal developments affecting SSM, civil unions, etc. in the U.S.:
bullet LGBT news items 1996 to 2010

bullet The status of governments' recognition of same-sex relationships as of mid-2005 with links to later developments

bullet

Recognition that same-sex relationship seems to have reached a tipping point on 2011-FEB-23

bullet Within Native American Nations:
bullet Cherokee Nation
bullet Coquille Nation

bullet

Inter-faith, interracial, inter-ethnic marriages are recognized everywhere in the U.S. However, same-sex marriages are treated very differently. As a result of voter plebiscites, legislative activities, and/or court rulings same-sex marriages are legal in some states and not in others. Same-sex marriage had been approved by recent court decisions in some additional states, but many had been stayed pending appeals to higher courts. See below.

On 2014-OCT-06, the U.S. Supreme Court decided to not review four rulings that dealt with marriage equality that were issued by three U.S. Circuit Courts of Appeal . This quickly added five new states to the places where marriage licenses are available to same-sex couples. It also set up six additional states where marriages should have been made available. These are states that are under the jurisdiction of these same three U.S. Circuit Courts of Appeal. Kansas and South Carolina are in this group. They initially resisted this precedent but were forced to comply by late November.

In those states where same-sex marriage is not allowed, there are many lawsuits active -- including at least one in every state -- attempting to attain marriage equality. Unless same-sex marriage becomes available everywhere in the U.S., married same-sex couples have to be very careful where they live and to where they travel. A medical emergency can become a life-or-death matter very quickly if they are in one of the states shown below as other than dark blue.

U.S. map showng marriage status13

captions to above image

As of 2014-NOV-21, the most recent changes in marriage status have involved three states that have changed from red (SSM banned) to black (SSM legal):

  • Kansas was 34th state to attain marriage equality on 2014-NOV-13. However, only some counties allow same-sex marriage.
  • Montana was 35th state to attain marriage equality on 2014-NOV-19.
  • South Carolina was 36th state to attain marriage equality on 2014-NOV-20.

That leaves 14 states that still have not attained marriage equality. This differs by one from the graphic above because we count the state of Missouri as attaining marriage equality even though same-sex marriage licenses are only available in some counties.

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USA map Past history and current status of same-sex marriage (SSM) and civil unions in various locations in the U.S.:

As of 2014-DEC-01 marriage equality has been attained in 37 locations, including 36 states and the District of Columbia. They are:

Alaska, Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Massachusetts, Maryland, Maine, Minnesota, Missouri, Montana, New Hampshire, New Mexico, Nevada, New Jersey, New York, North Carolina, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin and Wyoming).

However, the status of same-sex marriage in Missouri is in a state of flux. It is currently available only in St. Louis and Kansas City, MO. 

At least one lawsuit seeking marriage equality is active in each of the remaining 14 states which currently ban same-sex marriage as shown above.

The current state of same-sex marriage in the U.S. is very similar to to the situation regarding interracial marriages prior to a decision by the U.S. Supreme Court to legalize such marriages in across the entire U.S. in 1967.

The vast majority of Americans now believe that marriage equality is inevitable across the U.S. in the near future. There are signs that:

  • Non-profit groups who have been promoting marriage equality are beginning to shift their emphasis towards protecting the LGBT community from discrimination in employment, accommodation, etc.

  • Non profits who have been resisting marriage equality are now beginning to emphasize changes in local and state human rights legislation so that individuals and public accommodations will have the religious freedom to actively discriminate against same-sex couples. Such discrimination violates one of the main tenets of their faith -- the Golden Rule. However, this conflict is generally ignored and rarely discussed.

Status of same-sex marriage by state:

bullet Alaska *
bullet Arizona *
bullet Arkansas **
bullet California *
bullet The Pursuit of equality, a documentary DVD
bullet Colorado *
bullet Connecticut *
bullet Delaware *
bullet District of Columbia *
bullet

Florida

bullet Hawaii *
bullet

Idaho *

bullet

Illinois *

bullet

Indiana * 

bullet Iowa *
bullet Kansas *
bullet Kentucky ++ 
bullet Louisiana: Part 1  Part 2
bullet Maine *
bullet Maryland *
bullet Massachusetts *
bullet Michigan ++
bullet Minnesota *
bullet

Mississippi

bullet Missouri *
bullet Montana *
bullet Nevada *
bullet New Hampshire *
bullet

New Jersey *

bullet New York *
bullet New Mexico *
bullet North Carolina *
bullet North Dakota
bullet Ohio ++
bullet Oklahoma *
bullet Oregon *
bullet Pennsylvania *
bullet Rhode Island *
bullet South Carolina *
bullet Tennessee ++
bullet Texas **
bullet Utah *
bullet Vermont  *
bullet

Virginia *

bullet Washington DC *
bullet

Washington state *

bullet West Virginia *
bullet Wisconsin *
bullet Wyoming *

bullet Issuing of SSM marriage licenses in various states as of early 2004
bullet 2004 to 2008: Early events in various states

* As of 2014-NOV-22, same-sex couple can marry in 36 states and Washington DC. Most Americans live in a location that has attained marriage equality.

** In addition, in 7 states, federal District Courts or state courts have legalized SSM but those decisions are stayed pending appeals to a higher court:

  • In 4 states -- Arkansas, Michigan, Mississippi & Texas -- state or federal courts have legalized same-sex marriage, but their rulings have been stayed, pending appeals to a higher court.

  • In two states -- Kentucky and Tennessee -- District Court rulings have required their state to recognize same-sex marriages made in other states.

  • In two states:
    • In Ohio, a District Court ruled that a person who married a spouse of the same sex in an out-of-state marriage can have their married state acknowledged, but only on her or his Ohio death certificate.

    • In Indiana a District Court released a temporary restraining order requiring the state to recognize the marriage of a single specified couple who were married out of state. This was issued on compassionate grounds because one spouse is terminally ill.

We believe that these two states are the only place in the world where the act of dying causes one's marriage to be recognized.

++ In four states, Kentucky, Michigan, Ohio, and Tennessee, federal District Courts have ruled in favor of marriage equality, but the 6th U.S. Court of Appeals reversed their rulings. All four cases have been appealed to the U.S. Supreme Court!

In five states, Indiana, Oklahoma, Utah, Virginia, and Wisconsin, three-judge panels from the 4th, 7th and 10th U.S. Circuit Courts of Appeal had upheld District Court rulings in favor of same-sex marriage. All four lawsuits were appealed to the U.S. Supreme Court. On 2014-OCT-06, the Supreme Court refused to accept these appeals. That means that same-sex marriage became legal in all of these five states. Marriage equality was also attained in six additional states over which the three Circuit Courts have jurisdiction. Four of the six states complied and started to issue marriage licenses quickly. In two states, same-sex marriage should be legal because of the Supreme Court's decision. However, the governor and/or attorney general resisted marriage equality. These were: Kansas and South Carolina, These two states were forced to comply with their Circuit Court's ruling, raising the total number of political jurisdictions where same-sex couples are be able to freely marry to 37 (36 states and the District of Columbia).


bullet

Status of SSM elsewhere in the world:

As of 2014-DEC-01, eighteen countries have either legalized SSM or have passed laws to attain marriage equality at some date in the near future when laws become effective. They are: Argentina, Belgium, Brazil, Canada, Denmark, England and Wales, Finland, France, Iceland, The Netherlands, New Zealand, Norway, Portugal, Scotland, South Africa, Spain, Sweden, and Uruguay.

Mexico, and the United States are unlike other countries, in that marriage laws are defined by individual states. Some, but not all, state governments in these countries have legalized SSM.

bullet Canada: Ten provincial/territorial court cases and one federal government decision This is a big section!

bullet Outside North America:
bullet

Argentina: SSM bill considered. SSM bill passes parliament

bullet Australia 
bullet Belgium
bullet Colombia
bullet Denmark Part 1 Part 2
bullet Finland
bullet

France

bullet India
bullet Ireland
bullet Israel
bullet Netherlands
bullet Norway
bullet New Zealand
bullet Northern Ireland
bullet Portugal
bullet

Scotland

bullet South Africa
bullet Spain
bullet Switzerland
bullet Sweden
bullet Parts of the United Kingdom (UK) (England and Wales)

bullet

Brief coverage of other countries:

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Amazon.com lists the following additional books on same-sex marriage:

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Site navigation:

Home > Religious info. > Basic > Marriage > Same-sex marriage > here

Home > "Hot" topics > Homosexuality> Same-sex marriage > here

References used:

The following information sources were used to prepare and update the above essay. The hyperlinks are not necessarily still active today.

  1. "Gay marriage: MPs back legislation ," BBC News, 2013-FEB-05, at: http://www.bbc.co.uk/
  2. See the Bible, Genesis 19, in which God is said to have killed the elderly, adults, youth, children, and infants of Sodom and Gomorrah because of the unsuccessful attempt by men to rape male angels who were visiting Sodom.
  3. "Of Marriage and Divorce," Westminster Confession of Faith, Chapter 26, Section 6.135, at: http://www.ccel.org/ or http://www.sacred-texts.com
  4. Philip Pullella, "Gay marriage, abortion new forms of evil: Pope," The Toronto Star, 2005-FEB-23, Page A14.
  5. "Stew" posting a response to "Dispatches from the Culture Wars" bulletin board on the topic "Canada paves the way for gay marriage," on 2004-DEC-09. See: http://www.stcynic.com/
  6. "Spanish pro-family leader decries government policies," Catholic World News, 2005-JUN-20, at: http://www.cwnews.com/
  7. United States Conference of Catholic Bishops, "Ministry to persons with a homosexual inclination: Guidelines for Pastoral Care," 2006-NOV-14, at: http://www.usccb.org/ This is a PDF file.
  8. Cynthia Needham, "Hearing revives R.I.'s gay-marriage debate," Rhode Island News, 2009-MAY-13, at: http://www.projo.com/
  9. Jim Burroway, "About Us: The Tale of the Box Turtle." Box Turtle Bulletin, 2007-JAN-09, at: http://www.boxturtlebulletin.com/
  10. Nathan Black, "Christians need to prepare for same-sex marriage," Christian Post, 2011-FEB-26, at: http://www.christianpost.com
  11. Michael Pearson, "Maryland Senate approves same-sex marriage bill," CNN, 2012-FEB-23, at: http://www.cnn.com/
  12. Elizabeth Chuck, "Where Same-Sex Marriage Stands in the 50 States," NBC News, 2914-MAY-20, at: http://www.nbcnews.com/
  13. Copied from the Wikipedia web site from an original uploaded by Lokal_Profil. Licensed under the Creative Commons Attributio-Share Alike 2.5 Generic license. See: http://en.wikipedia.org/

Copyright © 1997 to 2014 by Ontario Consultants on Religious Tolerance
Latest update: 2014-DEC-02
Author: B.A. Robinson
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