Same-sex marriage

Same-sex "marriage", also referred to as gay marriage or homosexual marriage, is the official certification in jurisdictions that allow a union between two people of the same sex. Social conservatives regard it as immoral, and argue that use of the word "marriage" is a misnomer, because the marriage services of Christian denominations define marriage as the union of a man and a woman, a definition which was also written into United States federal law in 1996.

Dr. James Dobson's Focus on the Family refers to the phrase same-sex 'marriage,' with quotation marks around the word marriage, to call attention to the fact that marriage—civil as well as religious—is intrinsically a union between a man and a woman, and that therefore same-sex unions are "counterfeits."

Abuse of the term was unheard of a few decades ago, however these unions are now among a number of issues advocated by gay rights activists. In the United States, marriage is primarily governed by each individual state and marriage laws differ from state to state. Several states allow "civil unions" between two people of the same sex, and one, Massachusetts, currently allows it under the name "marriage." These marriages are not recognized by the Federal government.

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 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. 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.

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.

Issues

James Dobson of Focus on the Family suggests that the motivation of those advocating same-sex marriage is not to secure the benefits of marriage for gay couples, but to destroy the institution of marriage itself:

...most gays and lesbians do not want to marry each other. That would entangle them in all sorts of legal constraints. Who needs a lifetime commitment to one person? The intention here is 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. Nor would "couples" be bound to each other in the eyes of the law. This is clearly where the movement is headed.