Same+Sex+Marriage





Civil Union: A state-recognized union giving most of the rights (depending on state) of marriage to same-sex couples. Sometimes also referred to as "domestic partnerships". DOMA: Federal Defense of Marriage Act. Bill Clinton signs into effect in 1996. Text: "No State, territory, or possession of the United States, or Indian tribe, shall be required to give effect to any public act, record, or judicial proceeding of any other State, territory, possession, or tribe respecting a relationship between persons of the same sex that is treated as a marriage under the laws of such other State, territory, possession, or tribe, or a right or claim arising from such relationship." "hi determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the word 'marriage' means only a legal union between one man and one woman as husband and wife, and the word 'spouse' refers only to a person of the opposite sex who is a husband or a wife." Common Law Marriage: Legal marriage without State process (i.e. marriage certificate). Only a few states recognize common law marriage (CA, OR, and WA __are not__ among them). Common law marriage is a legal marriage with a different process (basically publicly claiming marriage), so same-sex couples cannot have common law marriage in states which bar same-sex marriages. IMPORTANT DATES/EVENTS Nov 18, 2003: MA Supreme Court rules that same-sex marriage is legal under State Constitution. In May of 2004, the first legal same-sex marriages in the US performed in Massachusetts. 2/12/04- San Francisco, CA - Mayor Gavin Newsome authorizes city officials to issue marriage licenses to same sex couples, marries couples himself. A battle ensues between Newsome and the Governor, who claims Newsome has overstepped Ms authority. The Supreme Court eventually rules that Newsome exceeded his authority; same-sex marriages are nullified. STATUS QUO Currently, same-sex couples are fighting for access to full legal marriage. They claim it is an infringement of civil rights to exclude same-sex couples from marriage. Opponents argue that civil unions can provide all the benefits of marriage without the title of "marriage". More radical opponents claim that giving same-sex couples state-sanctioned marriage will be the death of the family structure. States recognizing same-sex marriage: Netherlands, Belgium, Spain, Canada, South Africa and the US state of Massachusetts. South Africa amended its constitution to include same sex marriage, but changes will not take place until the end of 2006. States with constitutional amendments barring any same sex union or marriage: Arkansas, Georgia, Kentucky, Michigan, North Dakota, Oklahoma, Ohio, and Utah. States allowing civil unions: Vermont and Connecticut. California, Maine, New Jersey, Hawaii, and the District of Columbia have some or most spousal-like rights for same-sex couples.
 * SAME-SEX MARRIAGE FACT **** DEFINITIONS **