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As of September 2009, 6 American states and 7 world governments offer legal marriage to same-sex couples. Suits for legal marriage began in the U.S. in 1971.
The U.S. government — which has never had any jurisdiction regarding legal marriage — passed the so-called Defense of Marriage Act (DoMA) in 1996, which prohibits recognizing a same-sex marriage for federal purposes (taxes, job benefits, immigration, etc.) and allows states to ignore a same-sex marriage from another state. This law is unconstitutional on several counts, and a U.S. Supreme Court case was launched in March 2009, which could take years to even be heard. In the meantime, same-sex legal marriage is recognized in the U.S. states and other countries around the world, however, it is not honored by the U.S. government. This means that a same-sex legal marriage is taxed differently, cannot be used for Social Security benefits, and cannot be used for immigration purposes.
No one uses the term “straight marriage.” In reality, we do not know the sexual orientation of married partners. The same is true for members of same-sex couples. The marriage discrimination faced by same-sex couples is discrimination based on their sex, not on their orientation. Lesbian or gay people can get legally married — as long as they marry an opposite-sex partner. The fight is for the same access to legal marriage as all other citizen have. To call it “gay marriage” suggests a different status.
Legal marriage is a state-defined contract currently available only to a man and a woman. Every state has a different set of laws — numbering from 160 to more than 250. The U.S. Federal system has more than 1,138 laws which are triggered by legal marriage. These laws interface with almost every sphere of social interaction. They treat a family as a legal unit, which is especially important during times of change, such as divorce, or during a family crisis, such as the right for a spouse to make medical decisions. Marriage laws allow for the understanding of the married couple as full adults in our culture.
State Laws Triggered by Legal Marriage - a SampleCouples married by a state government are automatically granted a broad range of rights at the federal level. These rights affect federal employees such as civil servants and the military.Assumption of Spouse’s Pension
Federal Laws Triggered by Legal Marriage - a SampleFor the purposes of nearly all of the above items, same-sex couples are considered legal strangers, and thereby unable to be covered by them.Access to Military Stores
Although marriage contracts are governed by state law, the federal government uses marital status as the qualification for more than 1,138 federally regulated rights and responsibilities.
Ceremonial marriage may be officiated by church officials, or anyone you choose. Many churches marry same-sex couples. Church officials are vested to oversee signing of legal marriage documents, but they have no control over their legal content. Ceremonial marriages in and of themselves involve no civil laws and carry no legal benefits or responsibilities.
Common law marriage is only available in certain states and has never applied to same-sex couples. It allows for some marriage law to apply to opposite-sex couples who have lived together a certain length of time.
The few benefits offered with a domestic partnership registration are no substitute for the numerous rights and responsibilities of legal marriage. Registration is a means by which some cities allow opposite- and same-sex couples to go on public record as a non-married couple. These registrations usually offer little-to-no benefits, yet may possibly be used to establish legal responsibility for debts after a relationship ends. Their eventual effects are unknown because they have little court history. Cities usually charge $35-73 to register — about the same as, or more than, a legal marriage license. Many private employers and municipalities offer domestic partner benefits to their workers. These often depend on signing an affidavit — not a city registration — which frequently defines the economic relationship between the employee and the employee’s partner. These affidavits could be used in court against a partner after a relationship ended. Like registrations, their legal status is uncertain.
For more information about registration and workplace benefits, please see Partners’
No. Even after legal marriage were to become available to same-sex couples, the Federal DoMA law, would deny your family legal status. DoMA would first need to be rescinded by congress or ruled unconstitutional by the Supreme Court.
Prejudice. Prejudice based in ignorance — often motivated by hatred toward gay and lesbian people — although they usually provide the following arguments, each seriously flawed:
Disintegration of MarriageThe social system would save over time as well, because same-sex couples would be legal responsible for each other’s welfare. Welfare or other governmental grants are harder to get if one has a legal spouse with an income. Rather than take crowded civil court time to resolve dissolution or custody disputes, same-sex couples could use the quicker and less expensive family courts. Families able to obtain job benefits for their partners can maintain a healthier household, which also costs society less in the long-term.
Validation These wild accusation all falsely presume enormous powers to sexual orientation, and that same-sex couples are not fully human, not full citizens and part of America.
Your help is needed to gain full equal status. Please join these organizations and send money.
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