Changes

== 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 five, [[Massachusetts]], [[Connecticut]], [[Vermont]], [[Maine]], and [[Iowa]], currently issue same-sex marriage licenses. These marriage licenses are not recognized by the Federal government.

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 five, [[Massachusetts]], [[Connecticut]], [[Vermont]], [[New Hampshire]], and [[Iowa]], currently issue same-sex marriage licenses. These marriage licenses are not recognized by the Federal government.

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 5th 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 5th 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 is 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> [[California]] has repealed same-sex marriage through 2008's [[Proposition 8]]. 

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 the fall of 2009, a same-sex marriage bill was introduced to the [[D.C.|Washington, DC]] 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. If signed by the Mayor, which he has pledged to do, the bill will then go to Congress for a mandatory [[Home Rule|30-day review period]]. While opponents of the bill have 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 is expected to pass, and will become law in 2010.

Beginning in 2008, the states of [[Washington]], and [[Oregon]] also provide for same-sex unions.  [[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.

As of 2009, California, New Jersey, New Hampshire, and Maine also provide civil unions or "domestic partnerships." Beginning in 2008, the states of Washington, Oregon, and New Hampshire will also provide same-sex unions. 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>

In the fall of 2009, a same-sex marriage bill was introduced to the [[D.C.|Washington, DC]] 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. If signed by the Mayor, which he has pledged to do, the bill will then go to Congress for a mandatory [[DC Home Rule|30-day review period]]. While opponents of the bill have 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 is expected to pass, and will become law in 2010.

 

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 is legal in seven countries: [[South Africa]], [[Spain]], [[Canada]], the [[Netherlands]], [[Belgium]], [[Norway]] and [[Sweden]].  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>

Same-sex marriage is legal in seven countries: [[South Africa]], [[Spain]], [[Canada]], the [[Netherlands]], [[Belgium]], [[Norway]] and [[Sweden]].  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>