Difference between revisions of "Same-sex marriage"
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| − | In 1996 Congress recognized the likelihood that gay rights advocates would soon seek changes in some states | + | In 1996 Congress recognized the likelihood that gay rights advocates would soon seek changes in some states. It was concerned about the possibility of test cases reaching the Supreme Court, and of the court conceivably ruling that a state—even though it prohibits gay marriage itself—must honor gay marriages performed in another state. 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. |
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. As of 2007, California, Connecticut, New Jersey, and a couple of other states also provide civil unions. In 2003 the Massachusetts Supreme Court ruled that under Massachusetts' constitution, same-sex couples could not be denied Massachusetts marriage licenses, making Massachusetts the sole state to issue same-sex marriage licenses.<ref>Because of an established Massachusetts law, Massachusetts same-sex marriages are all-but-limited to Massachusetts residents. The law says that an out-of-state couple cannot be married if their marriage would be illegal in their home state. The same-sex marriages are not recognized under federal law or in most other states.</ref> | 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. As of 2007, California, Connecticut, New Jersey, and a couple of other states also provide civil unions. In 2003 the Massachusetts Supreme Court ruled that under Massachusetts' constitution, same-sex couples could not be denied Massachusetts marriage licenses, making Massachusetts the sole state to issue same-sex marriage licenses.<ref>Because of an established Massachusetts law, Massachusetts same-sex marriages are all-but-limited to Massachusetts residents. The law says that an out-of-state couple cannot be married if their marriage would be illegal in their home state. The same-sex marriages are not recognized under federal law or in most other states.</ref> | ||
Revision as of 19:01, May 15, 2007
Definition
A same-sex marriage is a legal relationship between two people of the same sex that has the same legal status as a marriage between a man and a woman.
The Christian conservative organization Focus on the Family consistently presents the phrase as same-sex 'marriage,' with quotation marks around the word marriage, to emphasize their view that marriage—civil as well as religious—is intrinsically a union between a man and a woman and their rejection of "marriage counterfeits."[1]
Unheard of a few decades ago these unions are one of a number of issues involving gay rights and the "culture wars."[Citation Needed] In the United States, marriage is primarily governed by each individual state and marriage laws differ from state to state.
Background
In 1996 Congress recognized the likelihood that gay rights advocates would soon seek changes in some states. It was concerned about the possibility of test cases reaching the Supreme Court, and of the court conceivably ruling that a state—even though it prohibits gay marriage itself—must honor gay marriages performed in another state. 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.
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. As of 2007, California, Connecticut, New Jersey, and a couple of other states also provide civil unions. In 2003 the Massachusetts Supreme Court ruled that under Massachusetts' constitution, same-sex couples could not be denied Massachusetts marriage licenses, making Massachusetts the sole state to issue same-sex marriage licenses.[2]
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. Thus, even in Massachusetts, it would be close to impossible for a same-sex couple to find a Catholic priest willing to marry them in a church, or an Orthodox rabbi willing to marry them in a temple.
Public attitude toward same-sex marriage parallels attitude toward homosexuality. In general, it is opposed by social conservatives and outside of this group, support is split down the middle leaning to opposition.[3]
Issues
Advocates of traditional marriage suggest legislative action to redefine marriage as something other than between a man and a woman simply masks the real homosexual agenda, the intent to destroy marriage altogether. With marriage as we know it gone, everyone would enjoy all the legal benefits of marriage (custody rights, tax-free inheritance, joint ownership of property, health care and spousal citizenship, etc.,) without limiting the number of partners or their gender. [4]
Gay rights activists claim they are seeking equality.
Reference
- ↑ Same-Sex 'Marriage' and Civil Unions, Focus on the Family's website
- ↑ Because of an established Massachusetts law, Massachusetts same-sex marriages are all-but-limited to Massachusetts residents. The law says that an out-of-state couple cannot be married if their marriage would be illegal in their home state. The same-sex marriages are not recognized under federal law or in most other states.
- ↑ Same Sex Marriage Poll from ABC News
- ↑ Marriage on the Ropes, Dr. James Dobson, retrieved from Focus on the Family, 15 May 2007.