The Politics and Legalities of Civil Unions and Marriage
We all know this is a big issue in our community. How does it break down, and what’s happening in the states currently? What does it all really mean to you? If you have a partner, it may mean quite a lot in terms of health care, credit, benefits and your rights and responsibilities.
Only one state, Massachusetts, allows same sex partners to marry, issuing marriage licenses to same sex couples just as they would heterosexual couples. Domestic partnerships and civil unions offering all the rights accorded a married couple under state law are an option in California, New Jersey, Vermont, Connecticut, and New Hampshire. Some legal protections are available as domestic or civil unions without all the protections of heterosexual marriage in Hawaii, Washington, the District of Columbia, and Oregon.
Many states that recognize same sex marriage or unions will recognize those granted in other states. Unfortunately, states without such unions as an option will not legally recognize such a union from another state. Furthermore, twenty-six states have constitutional amendments barring the recognition of same sex marriages, and some forty-three have statutes confining marriage to a relationship between a man and a woman.
Laws regarding same sex marriages and civil unions can impact each of our lives in ways we may not have considered. A Michigan Supreme Court ruling has recently deemed that the state cannot offer benefits to domestic partners in any way because of the state’s constitutional amendment banning recognition of same sex marriages and unions. There is worry that a similar amendment in Florida could create the same legal situation. While some institutions, like the University of Michigan, are responding by creating language that still allows for domestic partner benefits, this is a significant concern for many of us.
What can we expect to see in terms of laws regarding same sex unions in the foreseeable future? As you might imagine, that will largely depend upon the outcome of the 2008 election. Both Democratic candidates oppose same sex marriage, but support civil unions. They do, however, believe it is a matter best left to the states. Barack Obama supports a full repeal of the Defense of Marriage Act (DOMA) while Hilary Clinton only supports a partial repeal. McCain has flip-flopped on gay issues, including civil unions, but does not support a federal ban on gay marriage.
The realities: for a long time to come, unless you’re lucky enough to live coastal or are willing to move, you will be creating the legal aspects of your relationship with durable powers of attorney and commitment ceremonies in front of friends and family. Any hope of widespread legalized same sex unions of any sort is still a long way off.
Anyone who wants to be married, should be! Everyone should be married to their best friend. When you have a deep connection to the one you’re affectionate with, you have Caffection. Connection Affection=Caffection!
It’s exciting to know this will be a reality in our lifetime. We’ll stay positive, focusing on the gains that have been made, as well as those yet to come.
In Caffection,
Mariah/Byron
caffection.com
Massachusetts and California do not have Marriage Equality! Marriage Equality is having ALL of the rights of marriage, including the 1138 federal marriage rights, not a legal category labeled “marriage” which is devoid of those rights. Barak Obama supports granting “civil unions and other legally-recognized unions” (including domestic partnerships and marriage) the 1138 federal rights of marriage. Presently, that includes 10 states! That would be Marriage Equality! Who cares what it is called? The vast majority of the LGBT community is more interested in their rights than the title.
The backlash to our marriage-only strategy has brought us an entirely new body of anti-gay laws: the federal Defense of Marriage Act (DOMA) and 45 states passing laws or constitutional amendments banning same-sex marriage. 17 of those laws/constitutional amendments went further by also prohibiting civil unions and domestic partnerships. However, domestic partnerships and civil unions have never been successfully reversed on a direct challenge. The difference between California’s same-sex marriage and California’s comprehensive domestic partnerships is moot. When will our community start putting reality before rhetoric? True Marriage Equality can only be won in Washington, DC. That is where we should be focusing our energies.
http://www.EqualityWithoutMarriage.org
My partner and I were married in Toronto, where there really is marriage equality. I agree with the above poster that though MA and CA have statewide marriage laws, they’re not equal. There are no federal benefits, and they don’t carry once you cross the state line. It’s crazy.
This stuff gets very tedious, and very difficult, if you ever want a break and just need a good laugh, check out: grrlplanet.com