Same-Sex Marriage

Same-sex marriage (sometimes also called "gay marriage") is a legally or socially recognized marriage between two persons of the same biological sex or social gender. Same-sex marriage is a civil rights, political, social, moral, and religious issue in many nations. The conflict arises over whether same-sex couples should be allowed to enter into marriage, be required to use a different status (such as a civil union, which either grant equal rights as marriage or limited rights in comparison to marriage), or not have any such rights. A related issue is whether the term "marriage" should be applied.

Financial, psychological and physical well-being is enhanced by marriage and children of same-sex couples benefit from being raised by two parents within a legally-recognized union supported by society’s institutions. State policies that bar same-sex couples from marrying are based solely on sexual orientation, and they are both a consequence of the stigma historically attached to homosexuality, and a structural manifestation of that stigma.


UNITED STATES

In the United States, although same-sex marriages are not recognized federally, same-sex couples can currently marry in five states (New Hampshire, Iowa, Massachusetts, Vermont, Connecticut and New York) and the District of Columbia and receive state level benefits. Several states, including New Jersey, do not facilitate same-sex marriages, but they do recognize same-sex marriages performed in other jurisdictions. Additionally, several states offer civil unions or domestic partnerships, granting all or part of the state-level rights and responsibilities of marriage. Thirty-one states have put same-sex marriage on the ballot, but none have passed. In 1996, the United States Congress passed the Defense of Marriage Act (DOMA) defining marriage solely as a union between a couple of the opposite sex for all federal purposes and allowing for the non-recognition amongst the states. In July of 2010, a federal court held key provisions of DOMA unconstitutional; the Department of Justice is expected to appeal. President Barack Obama is officially opposed to same-sex marriage, although he "supports full civil unions and federal rights for LGBT couples", a full repeal of DOMA, and called California's Proposition 8 "unnecessary". The validity of Proposition 8 under the United States Constitution was challenged in a federal court case, Perry v. Schwarzenegger, which could potentially have an effect on all same-sex marriage bans nationwide. The judge found the ban unconstitutional, ruling on August 4, 2010 that "Proposition 8 disadvantages gays and lesbians without any rational justification". Proponents of Proposition 8 appealed the District Court's ruling, and licensing of marriage ceremonies has been delayed by the 9th Circuit Court issuing a stay until the appeal process is completed; in addition, the 9th Circuit also assured a speedy trial. A 2005 federal district court decision, Citizens for Equal Protection v. Bruning, holding that prohibiting recognition of same-sex relationships violated the Constitution was overturned on appeal by the United States Court of Appeals for the Eighth Circuit in 2006, which ruled that "laws limiting the state-recognized institution of marriage to heterosexual couples ... do not violate the Constitution of the United States."

New York State

Same-sex marriage will begin in the U.S. state of New York on July 24, 2011. It was legalized on June 24, 2011 by the New York State Legislature and Governor Andrew Cuomo.

In 2006, the New York Court of Appeals ruled that there is no constitutional right to same-sex marriage in New York. Following the 2006 Court decision, the New York State Assembly passed same-sex marriage legislation in 2007, 2009, and 2011. However, the New York Senate rejected same-sex marriage legislation in a 38-24 vote on December 2, 2009. After negotiations between Republican members of the Senate and Governor Andrew Cuomo, regarding protections against discrimination lawsuits for religious groups and non-profit organizations, a same-sex marriage bill known as the Marriage Equality Act passed the State Senate by a vote of 33-29 on June 24, 2011. Governor Andrew Cuomo signed the measure the same night, allowing the law to go into effect on July 24, 2011.

State of Rhode Island

The Rhode Island Senate on June 29th, 2011 approved a bill that would allow same-sex couples to enter into civil unions, a measure that Gov. Lincoln Chafee's office says he intends to sign into law.

State senators voted 21-16 to endorse the bill, about two hours after it was voted out of committee. The legislation, which already has passed the state House, allows gay couples to enter into civil unions that offer the same rights and benefits given to married couples under Rhode Island law. The Rhode Island legislation, like similar measures in other states, will likely give rise to the question of whether civil unions are a fair and legal substitute for marriage rights.

That issue is now being litigated in New Jersey, after gay-rights advocates yesterday filed a suit claiming the state’s civil-union law discriminates against same-sex couples. The suit cites a 2006 ruling by the New Jersey Supreme Court that same-sex couples should be guaranteed the same rights as heterosexual married couples, Real-Time News reports.


CANADA

On July 20, 2005, Canada became the fourth country in the world and the first country in the Americas to legalize same-sex marriage nationwide with the enactment of the Civil Marriage Act. Court decisions, starting in 2003, each already legalized same-sex marriage in eight out of ten provinces and one of three territories, whose residents comprised about 90% of Canada's population. Before passage of the Act, more than 3,000 same-sex couples had already married in these areas. Most legal benefits commonly associated with marriage had been extended to cohabiting same-sex couples since 1999.

The Civil Marriage Act was introduced by Prime Minister Paul Martin's Liberal government in the Canadian House of Commons on February 1, 2005 as Bill C-38. It was passed by the House of Commons on June 28, 2005, by the Senate on July 19, 2005, and it received Royal Assent the following day. On December 7, 2006, the House of Commons effectively reaffirmed the legislation by a vote of 175 to 123, defeating a Conservative government motion to examine the matter again. This was the third vote supporting same-sex marriage taken by three Parliaments under three Prime Ministers in three different years.


AUSTRALIA

In Australia, Commonwealth law prohibits the recognition of same-sex marriage under the Marriage Act 1961. However, every Australian government jurisdiction provides to de facto same-sex couples a wide range of rights equal to those afforded to de facto opposite-sex couples. These rights are gained without registration, under a status called "unregistered cohabitation". Furthermore, formal domestic partnership registries exist in New South Wales, Tasmania, Victoria and the Australian Capital Territory. Since 1 July 2009, same-sex couples are recognised as de facto partners in a wide range of legislation in every Australian government jurisdiction, including superannuation, social security, health care and taxation. In 2007, Grace Abrams and Fiona Power became Australia's first legally recognized same-sex married couple after Grace Abrams had gender-modification surgery and was later officially granted a passport with female status.


EUROPE

In Denmark, Finland and Hungary, a registered partnership provides nearly all of the rights of marriage, including joint adoption rights in Denmark. Finland and Greenland have biological adoption only (no joint adoption). These partnership laws are short laws that state that wherever the word "marriage" appears in the country's law, it will now also be construed to mean "registered partnership", and wherever the word "spouse" appears, it will now also be construed to mean "registered partner" — thereby transferring the body of marriage laws onto same-sex couples in registered partnerships.


EUROPE: UNITED KINGDOM

In the United Kingdom, civil partnerships were introduced in 2005. The law gives civil partners the same benefits and associated legal rights of marriage; ranging from tax exemptions and joint property rights, to next-of-kin status and shared parenting responsibilities. The one notable exception is the use of courtesy titles by the partner of a male peer or knight. In the first year, 16,100 ceremonies took place. Civil unions in New Zealand are identical to British civil partnerships in their association with equivalent spousal rights and responsibilities to marriage.


LEGALLY RECOGNIZED SAME-SEX UNIONS

Civil unions, civil partnerships, domestic partnerships, registered partnerships, or unregistered partnership/unregistered co-habitation legal status offer varying portions of the legal benefits of marriage and are available to same-sex couples in: Andorra, Australia, Colombia, Croatia, the Czech Republic, Denmark, Finland, France, Germany, Hungary, Ireland, Israel, Luxembourg, New Zealand, Slovenia, Switzerland, the United Kingdom and Uruguay. They are also available in parts of Mexico (Coahuila and the Federal District) and the United States (California, Hawai'i, Maine, New Jersey, New York, Nevada, Oregon, Rhode Island, Wisconsin, Washington and the federal District of Columbia).

Many advocates, such as this protester at a demonstration in New York City against California Proposition 8, reject the notion of civil unions. U.S. Same-sex marriage movement activist Evan Wolfson does not feel civil unions are a replacement for full marriage equality.

In some countries with legal recognition the actual benefits are minimal. Many people consider civil unions, even those that grant equal rights, inadequate, as they create a separate status, and think they should be replaced by gender-neutral marriage.

Is it legal again in California??

When two people get married, it is because they love each other.
They want to be together in a bond that makes them one with each other forever.
It is a wonderful thing to have such a bond.
It is special.
It is love.
When a man and a woman get married, no one blinks an eye.
If two men or two women do the same, then many people do not approve.
They claim that it is not right or that it soils the real meaning of marriage.
What is the real meaning of marriage?
The answer to that question is in line one of this article.
It is because they love each other.
Does it matter if the couple is gay or straight?
Should it matter?
No!
After all, why should it.
Gays want their equal rights and among those equal rights is the right to be married.
I agree with wanting equal rights.
We are all people which means we are all the same.
It does not matter if someone is gay, white, black, a man, a woman, tall, short, young, old or whatever.
We all want our equal rights.
That is our right.
However, we need to go beyond equal rights when it comes to gay marriage.
Society needs to understand that any marriage is not about the right to be married.
It is about wanting to be married as a loving couple.
Love is not something that should be decided on by voters.
It is not a court issue either.
It should not be an issue at all.
Marriage is between two people in love.
It is not between two people, the voters, the courts and anyone else who has an opinion.
Gay marriage does not bring down the meaning of marriage.
It makes the true meaning of marriage even better.
That is what love does.
It makes things better.
Society has come a long way in the last fifty years in terms of equality, but we still have a long way to go.
It is a shame that love is something that needs to be fought for.
I am not gay, but I am the same as you as you are to me.
May love conquer all.

George Vreeland Hill

[Mr. QuestionMan]

See also this wiki article:

Homosexuality Laws by Country or Territory

[sandra]

Originally Posted by Unregistered Is it legal again in California??

Last Update: August, 2011

*The California Supreme Court ruled on May 15, 2008, that same-sex couples have the right to marry in California. Proposition 8, which amended the California Constitution to define marriage as between one man and one woman, was passed on Nov. 4, 2008. On Aug. 4, 2010, a federal district judge ruled that the same-sex marriage ban in Proposition 8 violated the equal protection provisions of the U.S. Constitution. Enforcement of that decision has been stayed pending appeal. California does not currently allow same-sex marriages to be performed. Same-sex marriages performed before Proposition 8 was passed remain valid.

Quick facts on key provisions:

• Issues marriage licenses to same-sex couples: Massachusetts, Connecticut, California*, Iowa, Vermont, New Hampshire, New York and the District of Columbia
• Recognizes same-sex marriages from other states: New York, Maryland
• Allows civil unions, providing state-level spousal rights to same-sex couples: Delaware, Hawaii, Illinois, New Jersey, Rhode Island (Note: In Connecticut, Vermont and New Hampshire, same-sex marriage has replaced civil unions.)
• Grants nearly all state-level spousal rights to unmarried couples (domestic partnerships): California, Oregon, Nevada, Washington
• Provides some state-level spousal rights to unmarried couples (domestic partnerships): Hawaii, Maine, Wisconsin and the District of Columbia

Source: www.ncsl.org

I switched sides on Gay Marriage when I read, Gay Marriage Facts ~ Popular Online News

[RomanG]

This has been a very controversial issue across the world. Some states in U.S. have approved the same ses marriage and now, Washington is the 7th state in the union to permit gay marriages. Governor Chris Gregoire signed the debatable bill into law on Monday. The signing was in the middle of much jubilation from proponents of the bill. However, a solid opposition plans to have it repealed. I got the report here: Same-sex marriage signed into law in Washington State.

User registered to post a recently published reference related to the subject:

Opinion: Marriage Rights and the U.S. Constitution

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