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Line 34: − The New York legislature voted for same-sex marriage on June 24, 2011.<ref>http://www.lifesitenews.com/news/breaking-gay-marriage-passes-in-new-york</ref>+ − + − + − + − +
→Background
== Background ==
== Background ==
In the United States, marriage is primarily governed by each individual state and marriage laws differ from state to state. Several states allow [[civil union]]s between two people of the same sex, and seventeen, [[Massachusetts]], [[Connecticut]], [[Vermont]], [[New Hampshire]], [[New York]], [[Maryland]], [[Maine]], [[Washington]], [[Rhode Island]], [[Iowa]], [[California]], [[Delaware]], [[Minnesota]], [[New Jersey]], [[Hawaii]], [[Illinois]], and [[New Mexico]], plus the [[Washington, D.C.|District of Columbia]], currently issue same-sex marriage licenses. These marriages are recognized by the federal government since the overturning of section 3 of the Defense of Marriage Act.
In the United States, marriage is primarily governed by each individual state and marriage laws differ from state to state. Several states allow [[civil union]]s between two people of the same sex, and 37, [[Massachusetts]], [[Connecticut]], [[Vermont]], [[New Hampshire]], [[New York]], [[Maryland]], [[Maine]], [[Washington]], [[Rhode Island]], [[Iowa]], [[California]], [[Delaware]], [[Minnesota]], [[New Jersey]], [[Hawaii]], [[Illinois]], [[Oregon]], [[Idaho]], [[Nevada]], [[Utah]], [[Wyoming]], [[Montana]], [[Colorado]], [[Arizona]], [[Kansas]], [[Oklahoma]], [[Florida]], [[North Carolina]], [[South Carolina]], [[Virginia]], [[Alaska]] and [[New Mexico]], plus the [[Washington, D.C.|District of Columbia]], currently issue same-sex "marriage" licenses, although most of these states were forced to do so by federal courts. Only in [[Maine]], [[Maryland]], and [[Washington]] has same-sex "marriage" been approved by popular vote. [[Minnesota]] was the first state, in 2012, in which voters voted against a state constitutional amendment defining marriage as between one man and one woman. Same-sex "marriages" were legal in [[Alabama]] for one month in 2015 following a federal court decision, but were halted by the Alabama Supreme Court pending the ruling of the United State Supreme Court on the matter. Same-sex "marriages" are recognized by the federal government since the overturning of section 3 of the Defense of Marriage Act, however, recognition varies between departments of the federal government, with some departments referring to the legality or non-legality of the "marriage" in which the "couple" resides, and others referring to the legality or non-legality of the "marriage" according to where the "marriage" took place.
In 1996 Congress recognized the likelihood that [[liberal]] activists would soon seek changes to the laws in some states that pertain to homosexuals. It considered the possibility of test cases reaching the Supreme Court, and of the court conceivably ruling that a state—even though it prohibits same-sex marriage itself—must honor same-sex marriages performed in another state pursuant to the Full Faith and Credit Clause of the United States Constitution. The Defense of Marriage act, which was passed and signed by President Clinton, prevents this possibility, and also prevents the Federal Government from recognizing marriage as anything other than a union between a man and a woman. Its Constitutionality has not yet been tested under the Full Faith and Credit Clause, the Equal Protection Clause of the 14th Amendment, or the Due Process Clause of the 5th Amendment.
In 1996 Congress recognized the likelihood that [[liberal]] activists would soon seek changes to the laws in some states that pertain to homosexuals. It considered the possibility of test cases reaching the Supreme Court, and of the court conceivably ruling that a state—even though it prohibits same-sex "marriage" itself—must honor same-sex "marriages" performed in another state pursuant to the Full Faith and Credit Clause of the United States Constitution. The Defense of Marriage act, which was passed and signed by President Clinton, prevents this possibility, and also prevents the Federal Government from recognizing marriage as anything other than a union between a man and a woman. Its Constitutionality has not yet been tested under the Full Faith and Credit Clause, the Equal Protection Clause of the 14th Amendment, or the Due Process Clause of the 5th Amendment.
In 1999 a Vermont court ruled that under its constitution, it was not required to allow same-sex marriage but was required to make provisions to grant same-sex couples legal rights identical to those provided by marriage. Vermont responded by creating "civil unions," which are legally distinct from marriages but convey the same rights. In 2009, the Vermont legislature overrode the governor's veto to pass a bill allowing same-sex marriage.
In 1999 a Vermont court ruled that under its constitution, it was not required to allow same-sex marriage but was required to make provisions to grant same-sex couples legal rights identical to those provided by marriage. Vermont responded by creating "civil unions," which are legally distinct from marriages but convey the same rights. In 2009, the Vermont legislature overrode the governor's veto to pass a bill allowing same-sex marriage.
In 2003 the Massachusetts Supreme Court ruled that under Massachusetts' constitution, same-sex couples could not be denied Massachusetts marriage licenses, making Massachusetts the first state to issue same-sex marriage licenses. As of April 2009, same-sex marriage was legal in four states, Massachusetts, Connecticut, Vermont, and Iowa. <ref>''Vermont Legislature Makes Same-Sex Marriage Legal'' [http://www.nytimes.com/2009/04/08/us/08vermont.html?_r=1&hp]</ref><ref>[http://news.yahoo.com/s/ap/20081010/ap_on_re_us/connecticut_same_sex_marriage Conn. high court rules gay couples can marry]</ref>
In 2003 the Massachusetts Supreme Court ruled that under Massachusetts' constitution, same-sex couples could not be denied Massachusetts marriage licenses, making Massachusetts the first state to issue same-sex "marriage" licenses. As of April 2009, same-sex marriage was legal in four states, Massachusetts, Connecticut, Vermont, and Iowa. <ref>''Vermont Legislature Makes Same-Sex Marriage Legal'' [http://www.nytimes.com/2009/04/08/us/08vermont.html?_r=1&hp]</ref><ref>[http://news.yahoo.com/s/ap/20081010/ap_on_re_us/connecticut_same_sex_marriage Conn. high court rules gay couples can marry]</ref>
Beginning in 2008, the states of [[Washington]], and [[Oregon]] also provide for same-sex unions. Washington later legalized same-sex marriage. [[Hawaii]] provides certain benefits to same sex couples. <ref>[http://www.newsday.com/news/local/wire/connecticut/ny-bc-ct--civilunions-optio0531may31,0,341613.story?coll=ny-region-apconnecticut Newsday]</ref> The State of New Hampshire issued civil unions until the summer of 2009, when it passed a bill approving same-sex marriage <ref>"New Hampshire Legalizes Same-Sex Marriage" [http://www.nytimes.com/2009/06/04/us/04marriage.html]</ref> The state will begin issuing same-sex marriage licenses in January, 2010.
Beginning in 2008, the states of [[Washington]], and [[Oregon]] also provide for same-sex unions. Washington later legalized same-sex marriage. [[Hawaii]] provides certain benefits to same sex couples. <ref>[http://www.newsday.com/news/local/wire/connecticut/ny-bc-ct--civilunions-optio0531may31,0,341613.story?coll=ny-region-apconnecticut Newsday]</ref> The State of New Hampshire issued civil unions until the summer of 2009, when it passed a bill approving same-sex marriage <ref>"New Hampshire Legalizes Same-Sex Marriage" [http://www.nytimes.com/2009/06/04/us/04marriage.html]</ref> The state will begin issuing same-sex marriage licenses in January, 2010.
In the fall of 2009, a same-sex marriage bill was introduced to the [[Washington, D.C.]] city council by At-Large Council Member David Catania (who is openly gay.) After two days of testimony involving nearly 250 witnesses <ref>''D.C. Council hears from both sides in gay marriage debate'' [http://www.washingtonexaminer.com/local/D_C_-Council-hears-from-both-sides-in-gay-marriage-debate-8442433-66188647.html]</ref>, the council voted to approve the bill, 11-2. Once signed by the Mayor, the bill went to Congress for a mandatory [[DC Home Rule|30-day review period]]. While opponents of the bill vowed to fight it in Congress<ref>"DC Council Approves Same-Sex Marriage" [http://www.washingtonpost.com/wp-dyn/content/article/2009/12/15/AR2009121500945.html]</ref> it passed and became law in 2010.
In the fall of 2009, a same-sex marriage bill was introduced to the [[Washington, D.C.]] city council by At-Large Council Member David Catania (who is openly gay.) After two days of testimony involving nearly 250 witnesses <ref>''D.C. Council hears from both sides in gay marriage debate'' [http://www.washingtonexaminer.com/local/D_C_-Council-hears-from-both-sides-in-gay-marriage-debate-8442433-66188647.html]</ref>, the council voted to approve the bill, 11-2. Once signed by the Mayor, the bill went to Congress for a mandatory [[DC Home Rule|30-day review period]]. While opponents of the bill vowed to fight it in Congress<ref>"DC Council Approves Same-Sex Marriage" [http://www.washingtonpost.com/wp-dyn/content/article/2009/12/15/AR2009121500945.html]</ref> it passed and became law in 2010.
Five years after Hernandez v. Robles, a New York Court of Appeals case in which the court declined to legalize same-sex "marriage" in New York via judicial fiat, the New York legislature voted for same-sex marriage on June 24, 2011.<ref>http://www.lifesitenews.com/news/breaking-gay-marriage-passes-in-new-york</ref>
Same-sex marriages were legal for a brief period in the state of [[California]], but the people of that state voted to repeal the law in the fall of 2008<ref>"California Votes for Prop 8"[http://online.wsj.com/article/SB122586056759900673.html]</ref>, through a ballot initiative known as [[Proposition 8]]. The legislature of [[Maine]] approved a same-sex marriage bill in May of 2009 <ref>"Lawmakers approve same-sex marriage in N.H., Maine" [http://www.cnn.com/2009/POLITICS/05/06/maine.same.sex.marriage/index.html]</ref> but opponents lobbied to have the bill put up to a popular vote, and it was defeated by the voters in the fall of 2009.<ref>"Maine rejects same-sex marriage law" [http://www.cnn.com/2009/POLITICS/11/04/maine.same.sex/index.html]</ref>
Same-sex "marriages" were legal for a brief period in the state of [[California]], but the people of that state voted to repeal the law in the fall of 2008<ref>"California Votes for Prop 8"[http://online.wsj.com/article/SB122586056759900673.html]</ref>, through a ballot initiative known as [[Proposition 8]]. The legislature of [[Maine]] approved a same-sex marriage bill in May of 2009 <ref>"Lawmakers approve same-sex marriage in N.H., Maine" [http://www.cnn.com/2009/POLITICS/05/06/maine.same.sex.marriage/index.html]</ref> but opponents lobbied to have the bill put up to a popular vote, and it was defeated by the voters in the fall of 2009.<ref>"Maine rejects same-sex marriage law" [http://www.cnn.com/2009/POLITICS/11/04/maine.same.sex/index.html]</ref> Same-sex "marriage" eventually became legal again in California in 2013 after the United States Supreme Court declined to rule on the case after deciding that those defending it did not have standing to do so, after the gubernatorial administration of California and the attorney general of California had refused to defend the law.
Same-sex marriage is legal in eleven countries: the [[Netherlands]], [[Belgium]], [[Spain]], [[Canada]], [[South Africa]], [[Norway]], [[Sweden]], [[Portugal]], [[Iceland]], [[Argentina]], and [[Denmark]]. (The House of Representatives of [[New Zealand]] passed a bill legalizing same-sex marriage on April 17, 2013 that will go into effect on August 19, 2013.)<ref>http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10878200</ref> Additionally, in [[Mexico]], same-sex marriage is legal in the state of [[Quintana Roo]] and in [[Mexico City]], a federal district similar to Washington, D.C. Other countries, such as [[France]], [[Germany]], and the [[United Kingdom]], recognize [[civil unions]] and [[domestic partnership]]s.<ref>[http://www.chinadaily.com.cn/english/doc/2004-03/05/content_311998.htm Countries worldwide address gay marriage]</ref><ref>[http://www.businessweek.com/news/2012-08-05/tasmania-to-back-gay-marriage-intensifying-pressure-on-gillard]</ref>
Same-sex marriage is legal in eleven countries: the [[Netherlands]], [[Belgium]], [[Brazil]], [[Spain]], [[Canada]], [[South Africa]], [[Norway]], [[Sweden]], [[Portugal]], [[Iceland]], [[Argentina]], [[Denmark]], and [[New Zealand]]<ref>http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10878200</ref>, [[France]], and the [[United Kingdom]] (excluding Northern Ireland) Additionally, in [[Mexico]], same-sex marriage is legal in the state of [[Quintana Roo]] and in [[Mexico City]], a federal district similar to Washington, D.C. Other countries, such as [[Germany]] and [[Chile]], recognize [[civil unions]] and [[domestic partnership]]s.<ref>[http://www.chinadaily.com.cn/english/doc/2004-03/05/content_311998.htm Countries worldwide address gay marriage]</ref><ref>[http://www.businessweek.com/news/2012-08-05/tasmania-to-back-gay-marriage-intensifying-pressure-on-gillard]</ref>
In Israel, all marriages must be performed by a religious organization - there is no "civil" marriage. Specific religions may determine the definition of marriages that they perform, and none currently recognize same-sex couples. However, a Supreme Court decision determined that Israel must recognize all marriages performed outside the country, same-sex or opposite-sex. In September of 2011, an Orthodox Jewish rabbi in Israel attempted to marry homosexual males to homosexual females so they could start a conventional family. However, the plan drew criticism both from liberals, who said the plan was meant to discourage homosexuality, and from conservatives, who argued the plan promoted loveless relationships. <ref>"Israeli rabbi pairs gays to lesbians" http://news.yahoo.com/israeli-rabbi-pairs-gays-lesbians-061904417.html</ref>
In Israel, all marriages must be performed by a religious organization - there is no "civil" marriage. Specific religions may determine the definition of marriages that they perform, and none currently recognize same-sex couples. However, a Supreme Court decision determined that Israel must recognize all marriages performed outside the country, same-sex or opposite-sex. In September of 2011, an Orthodox Jewish rabbi in Israel attempted to marry homosexual males to homosexual females so they could start a conventional family. However, the plan drew criticism both from liberals, who said the plan was meant to discourage homosexuality, and from conservatives, who argued the plan promoted loveless relationships. <ref>"Israeli rabbi pairs gays to lesbians" http://news.yahoo.com/israeli-rabbi-pairs-gays-lesbians-061904417.html</ref>
In the Netherlands overseas territories of [[Aruba]], [[Curacao]], and [[Sint Maarten]], same-sex marriages are not performed, but all marriages performed in the mainland portion of the country (including same-sex) are recognized. In [[Brazil]], same-sex civil unions can be converted to marriages by state judges on a case-by-case basis. Additionally, the state of [[Rhode Island]] recognizes, but does not perform, same-sex marriages. Furthermore, [[California]] recognizes all same-sex marriages performed in or out of state before the passage of [[Proposition 8]].
In the Netherlands overseas territories of [[Aruba]], [[Curacao]], and [[Sint Maarten]], same-sex "marriages" are not performed, but all marriages performed in the mainland portion of the country (including same-sex) are recognized. In [[Brazil]], same-sex civil unions can be converted to marriages by state judges on a case-by-case basis. Additionally, the state of [[Rhode Island]] recognizes, but does not perform, same-sex "marriages." Furthermore, [[California]] recognizes all same-sex "marriages" performed in or out of state before the passage of [[Proposition 8]].
Some opponents of same-sex marriage believe that the religious ceremony of marriage is governed by each denomination and is unaffected by laws passed by civil authority. Same-sex marriage is forbidden in Orthodox Judaism, Catholicism, and most mainstream Protestant denominations. In Massachusetts, however, about 6% of all marriages are same-sex marriages, so this does not appear to be a problem. <ref>[http://www.massequality.org/news/news_story.php?id=273]</ref><ref>http://www.pdfdownload.org/pdf2html/pdf2html.php?url=http%3A%2F%2Fwww.cdc.gov%2Fnchs%2Fdata%2Fnvss%2Fmarriage90_04.pdf&images=yes</ref> In Conservative Judaism (no relation to the political philosophy known as "conservatism"), synagogues and rabbis are allowed, but not required, to recognize and perform same-sex marriages. Reform Judaism also allows rabbis to use "good faith" on this issue, but as the least-religious branch of Judaism, they take this stance on most issues. Additionally, homosexuality (and by extension same-sex marriage) is forbidden in [[Islam]].
Some opponents of same-sex marriage believe that the religious ceremony of marriage is governed by each denomination and is unaffected by laws passed by civil authority. Same-sex marriage is forbidden in Orthodox Judaism, Catholicism, and most mainstream Protestant denominations. In Massachusetts, however, about 6% of all marriages are same-sex marriages, so this does not appear to be a problem. <ref>[http://www.massequality.org/news/news_story.php?id=273]</ref><ref>http://www.pdfdownload.org/pdf2html/pdf2html.php?url=http%3A%2F%2Fwww.cdc.gov%2Fnchs%2Fdata%2Fnvss%2Fmarriage90_04.pdf&images=yes</ref> In Conservative Judaism (no relation to the political philosophy known as "conservatism"), synagogues and rabbis are allowed, but not required, to recognize and perform same-sex marriages. Reform Judaism also allows rabbis to use "good faith" on this issue, but as the least-religious branch of Judaism, they take this stance on most issues. Additionally, homosexuality (and by extension same-sex "marriage") is forbidden in [[Islam]].
Many [[libertarian]]s argue [[marriage privatization|eliminating any legal definition of "marriage"]] and simply granting legal benefits to all couples under a neutral name would solve this problem and satisfy both sides. This is called "marriage privatization". Many religious conservatives still feel this is unacceptable - see that article for more details.
Many [[libertarian]]s argue [[marriage privatization|eliminating any legal definition of "marriage"]] and simply granting legal benefits to all couples under a neutral name would solve this problem and satisfy both sides. This is called "marriage privatization". Many religious conservatives still feel this is unacceptable - see that article for more details.