Quotations:
"Each individual's journey through life is unique. Some will make this journey alone, others in loving relationships - maybe in marriage or other forms of commitment. We need to ponder our own choices and try to understand the choices of others. Love has many shapes and colors and is not finite. It can not be measured or defined in terms of sexual orientation." From the Statement of Affirmation and Reconciliation by the Quaker meeting in Aotearoa.
"Because marriage is a basic human right and an individual personal choice, RESOLVED, the State should not interfere with same-gender couples who choose to marry and share fully an equally in the rights, responsibilities, and commitment of civil marriage." The Marriage Resolution, by the Marriage Project of Lambda Legal Defense and Education Fund. 3
"If marriage means everything, it means absolutely nothing." Dr. James C. Dobson, of Focus on the Family. "A loving man and woman in a committed relationship can marry. Dogs, no matter what their relationship, are not allowed to marry. How should society treat gays and lesbians in committed relationships? As dogs or as humans?" Posting to an Internet mailing list; used by permission of the author.
Overview:
The institution of marriage has been in a state of flux for centuries:
* It was only after the civil war that Afro-Americans were allowed to marry in all areas of the U.S.
* It was only after a U.S. Supreme Court decision in 1967 that mixed race couples could marry anywhere in the U.S.
* But, until recently, same-sex couples could not marry anywhere in the world.
This final restriction was lifted during 2001-APR, when Holland enlarged its definition of marriage to include both opposite-sex and same sex couples. Belgium followed suit during 2003-JAN. Next came Ontario, Canada in 2003-JUN. Finally, on 2003-JUL-9, same-sex marriage became permitted in both Canadian provinces of British Columbia and Ontario. Any adult couple -- same-sex or opposite-sex -- from any country can come to one of these two provinces, buy a marriage license and get married. Same-sex marriages are expected to be legal and available across the entire country sometime in 2004.
The government of Taiwan is drafting legislation to legalize gay marriages. It should be ready for parliamentary review in 2003-DEC.
Some political jurisdictions have special legislation that allows gay and lesbian couples to register their committed relationship and gain some benefits, However, they do not receive all of the advantages that opposite-gender couples automatically acquire when they marry. These areas include most of the Scandinavian nations, the state of Vermont in the U.S. (where the arrangement is called a civil union), a few other U.S. states, and a few provinces in Canada.
Many people believe that same-sex marriage -- or its equivalent under another name (civil unions) will eventually become available to all loving, committed adult couples throughout North America and western Europe, whether they be same-sex or opposite-sex spouses.
The status of same-sex marriage in the U.S.:
Currently, only one man and one woman can be joined in matrimony and have their marriages recognized by the state, except for a few same-sex couples in Massachusetts who successfully won a court battle for the right to marry. Same-sex couples can marry in San Francisco since 2004-FEB-12, because of an action by their mayor. However, the state of California refuses to register the marriages. Same-sex couples in Scandoval County in north-west New Mexico have been able to obtain marriage licenses since 2004-FEB-20. However, it is expected that the state will ignore them. As of 2003-NOV, 37 states have enacted "Defense of Marriage Acts" (DOMAs) that ban same-sex marriage. Other states have similar legislation pending.
The status of same-sex marriage across the U.S. as of 2003-NOV-19 is shown below:
Current States that do not have a ban on same sex marriage:
CT, MD, NH, NJ, NM, NY, OH, OR, RI, WI & WY
States in which a court ruling has struck down the ban on same sex marriage:
Massachusetts
States which have legalized civil unions for same sex couples:
Vermont
States with registries for same sex marriage:
California
All remaining states currently have laws banning same sex marriage and do not recognize civil unions.
During 2000-MAR, 61% of California voters supported Proposition 22, which defined marriage as being restricted to between one man and one woman. But Proposition 22 and many of the DOMA laws only control the institution of marriage. They do not prevent a legislature from creating a new set of laws which cover a different type of relationship -- typically called civil unions or domestic partnerships -- for same-sex couples. A state would then recognize committed relationships among its citizens in two ways:
It would retain the existing system of marriage for heterosexual couples -- for one man and one woman -- intact. Heterosexual couples who plan to marry in the future would find that nothing is changed; the regulations, privileges, obligations, benefits etc would be the same as always. Nothing would change for existing heterosexual couples who were married in the past. States typically grant about 400 rights and privileges to each married couple. The federal government separately contributes an additional 1,000 benefits to them.
A state legislature could then create a similar system, usually called civil unions, for same-sex couples -- i.e. for two men or for two women. These would grant some or all of the approximately 400 state benefits that have been previously granted only to married couples. But over 1,000 federal rights and privileges that married couples receive automatically would be withheld from "civil unionized" couples because of the federal DOMA law. It prohibits the federal government from recognizing civil unions. The constitutionality of that law is in doubt.
The legislators of the state of Vermont set up such a civil union system which went into effect in mid-2000. On 2003-SEP-19, bill AB 205 was signed into law in State of California to set up a system of domestic partnership which is very similar to the civil unions in Vermont. It comes into effect at the beginning of 2005. A number of other states have registration procedures for same-sex couples which grant them limited benefits.
The Supreme Court of Massachusetts ruled on SSM on 2003-NOV-18 that the state cannot refuse to marry any of the seven gay and lesbian couples that petitioned the court. This decision is generally being interpreted as allowing all same-sex couples to marry, as of 2004-MAY
