Menstuff® has compiled the following information on same sex
marriages and law.
Doesn't Happen Over-night
Gay, Straight, Black, White, Marriage is an
Equal Right
State Court Says
Same-Sex Couples Entitled to
Marry
Why
I Got Married
Politics of the Altar
State Court Says Same-Sex Couples Entitled
to Marry
The court issued the advisory opinion at the request of legislators who wanted to know whether civil unions would be enough to satisfy the court after its November ruling that said gay couples are entitled to all the rights of marriage. That decision had been written in such a way that it left open the possibility that civil unions might be allowed.
But Wednesday's opinion by the Supreme Judicial Court left no doubt: Only marriage would pass constitutional muster.
''The history of our nation has demonstrated that separate is seldom, if ever, equal,'' four justices wrote. ''For no rational reason the marriage laws of the commonwealth discriminate against a defined class; no amount of tinkering with language will eradicate that stain. The (civil unions) bill would have the effect of maintaining and fostering a stigma of exclusion that the Constitution prohibits.''
Paul Martinek, editor of Lawyers Weekly USA, said that the blunt opinion erases any confusion.
''The fat lady has sung and she's singing the wedding march,'' Martinek said. ''It's clear from reading the majority opinion that there's no basis on which the (court) will OK anything other than marriage.''
The much-anticipated opinion came a week before next Wednesday's Constitutional Convention, where the Legislature will consider an amendment backed by Republican Gov. Mitt Romney that would define marriage as a union between a man and a woman.
But the soonest a constitutional amendment could end up on the ballot would be 2006, meaning that until then, the high court's decision will be Massachusetts law. Gay couples could get married in Massachusetts as soon as May, the deadline set by the court last fall.
''We're going to have to start looking for a band,'' said Ed Balmelli, who put down a deposit for a wedding after the opinion.
The case represents a significant milestone in a year that has seen broad new recognitions of gay rights in America, Canada and abroad, including a June U.S. Supreme Court decision striking down a Texas ban on gay sex.
The White House called the Massachusetts ruling ''deeply troubling.''
''Activist judges continue to seek to redefine marriage by court order without regard for the will of the people,'' said presidential spokesman Scott McClellan.
Senate President Robert Travaglini, who will preside over the constitutional convention, said he would consult with fellow lawmakers about the next step.
''I want to have everyone stay in an objective and calm state as we plan and define what's the appropriate way to proceed,'' he said. ''There is a lot of anxiety out there obviously surrounding the issue but I don't want to have it cloud or distort the discussion.''
The federal government and 38 other states have enacted laws barring the recognition of any gay marriages in other jurisdictions. Vermont recognizes marriage-like civil unions that grant gay couples nearly all the rights and benefits of full marriage, such as health insurance, hospital visitation and inheritance rights.
The Massachusetts decision will probably lead to multiple lawsuits about whether gay marriage benefits can extend beyond the state's borders. The right to same-sex marriage would be for state residents only, but the rules are unclear on how it would be enforced.
The legal battle in Massachusetts began in 2001, when seven gay couples went to their city and town halls to obtain marriage licenses. All were denied, leading them to sue the state.
The Supreme Judicial Court ruled in November that gay couples have a constitutional right to marry, and gave the Legislature six months to change state laws to make it happen.
The state Senate then asked for more guidance from the court.
''The dissimilitude between the terms 'civil marriage' and 'civil union' is not innocuous; it is a considered choice of language that reflects a demonstrable assigning of same-sex, largely homosexual, couples to second-class status,'' the justices wrote.
Conservative leaders said they would redouble their efforts to pass the constitutional ban on same-sex marriages.
''This now puts the pressure back on the Legislature to do their job to protect and defend marriage for the citizens of the state to allow them to vote,'' said Ron Crews, president of the Massachusetts Family Institute.
Residents and leaders of Massachusetts towns with sizable gay populations saw the ruling as a good business opportunity. ''The town can now offer something gays and lesbians have waited their whole lives for,'' said Provincetown tourism director Patricia Fitzpatrick.
Mark Carmien has a sign in his gay-themed bookstore counting down the days to May 17 - 103 as of Wednesday. His store is located in Northampton, a college town in western Massachusetts that has a large gay population.
''It's now crystal clear, if it wasn't before, that the court
meant marriage. The word itself has power and benefits that are
intangible,'' said Carmien, who plans to marry his partner in June.
''It's a very brave and historic decision.''
Source: Jennifer Peter
Source: CNN Human
Rights Campaign Foundation
Gay, Straight, Black, White, Marriage is an
Equal Right
It would be unspeakable for a state government to try and pass a constitutional amendment banning marriage between people of different races yet when marriage is suggested between two men or two women, the Bush administration seems to have no problems trying to enforce such a ban.
On March 11th the Massachusetts State Legislature voted in favor of a constitutional amendment banning gay marriage and on the same day, the California supreme court ordered officials in San Francisco who had been issuing marriage licenses to same sex couples, to stop immediately. This denial of marriage to gay and lesbian couples is akin to the same sort Jim Crow policies that could be seen before the civil rights movement of the late 60's. For lots of working class couples, marriage is an institution necessary to survival because of the concomitant economic benefits and so denial of this to gay and lesbian couples turns this into an issue much bigger than just freedom to marry whomsoever one chooses.
Heterosexual married couples are guaranteed 1047 federal rights by being married, homosexual couples in Civil Unions, which are only allowed in and recognized in two states, are guaranteed only 500 of these rights. This is not just an issue of gay and lesbian rights, this is an issue of civil rights.
And we are seeing the emergence of a new civil rights movement around this issue. People around the country from San Francisco, CA to New Paltz, NY, gay and lesbian couples are demanding marriage licenses and winning. People, gay, straight and everything in between, are taking to the streets to demand rights for themselves. The so called radical moves of San Francisco mayor Gavin Newsom and New Paltz mayor Jason West in issuing marriage licenses to same sex couples, could not have happened if there had not been a spontaneous movement of people in the streets. To win equal rights for homosexual couples, we need to stand up and fight for them. We know that Bush won't do it and we can hope no more from John "leave it to the states to decide" Kerry.
Let's begin the discussion about gay marriage here in Burlington
and join the national movement. Come to a panel discussion, The Fight
for Gay Marriage: Separate is not Equal, sponsored by the Progressive
Party, the Peace and Justice Center, the Green Party, the
International Socialist Organization, and the American Friends
Service Committee on March 31st at 7.30 PM in Williams 301. The panel
will feature speakers Christopher Kaufman, from R.U.1.2, a speaker
from the VT Freedom to Marry Task Force, Sherry Wolf from the
International Socialist Organization and Peggy Luhrs from the Women's
International League for Peace and Freedom. We need to let the Bush
Administration know that we won't settle for the back of the bus and
that marriage must be a right for all.
Source: By: Charlotte Miller, www.vermontcynic.com/media/storage/paper308/news/2004/04/06/Opinion/Gay-Straight.Black.White.Marriage.Is.An.Equal.Right-651834.shtml?norewrite200604271423&sourcedomain=www.vermontcynic.com
Many teens have a lot of questions when it comes to homosexuality and bisexuality. In a culture that is often so damning of orientation and sexual identity outside heterosexuality, many teens become nervous when they feel attracted to those of the same sex, worried that they might be gay. Others suspect (or are even very sure) that they are homosexual or bisexual, but are afraid to say so either because they aren't completely sure and feel they will be branded in some way, or simply because they fear being rejected, outcast or scolded by their friends, family or community. While at least 8 million people in the United States are homosexual, about 70 million people still think it is an "illness" or "perversion." Being nervous or afraid to come out is -- unfortunately -- very valid and reasonable.
The first step -- no matter our orientation -- to making decisions
about our sexual identity, and how we view that of others, is to know
the answers to some basic questions. It's very hard to make up our
minds when we aren't all on the same page, or we aren't really sure
what something means. Bear in mind that even people with adequate
information sometimes don't agree with it, and define things
differently because that information conflicts with their own
beliefs. All the same, there are some important facts that all of us
-- gay, straight, and everything in between -- should know.
Source: www.scarleteen.com/gaydar/basics.html
Just two years ago, gay-marriage opponents like Rowlands were everywhere. Thirteen states passed constitutional amendments barring same-sex unions and, in Ohio, the marriage ban was widely credited with boosting turnout and propelling George W. Bush to a second term. But after Election Day, the issue faded. Now it's back, complete with all the activists, dire predictions and dueling poll numbers. But the landscape has changed since 2004. Democrats argue that gay marriage is just a diversion from rising gas prices, the ongoing struggle in Iraq and immigration reform. With so much else to worry about, will voters care?
This week Senate Majority Leader Bill Frist will again bring the Federal Marriage Amendment (FMA) up for a vote; the House could weigh in next month. Though it isn't expected to pass either House, supporters want to get pols on the record before November. "It's a way to build momentum," says FMA author Matt Daniels, president of the Alliance for Marriage. Bush himself had been mostly mum on gay marriage since his re-election. But now, with his poll numbers in a nose dive and even his most enthusiastic supporters grousing, Bush took up the cause in his radio address Saturday; an amendment is needed because "activist courts have left our nation with no other choice," he explained. The president also plans to address amendment supporters in the Old Executive Office Building on Monday.
While the GOP leadership clearly hopes this tack can revive their sputtering election prospects this fall, some GOP strategists aren't so sure. Pew polls show a 10-point jump in support for gay marriage since 2004. And Bush pollster Matthew Dowd doubts it was decisive last time around. "It didn't drive turnout in 2004," he says. "That is urban legend." Turnout was the same in states with bans on the ballot and those without, Dowd says. GOP consultant Grover Norquist also questions how gay marriage plays as an electoral issue. Though social conservatives vote for marriage bans, it's not clear whether that will translate into votes for GOP candidates. "We don't have much to go on," he says. For their part, gay-rights leaders would be happy to leave the issue off the ballot. "We have to make sure [the initiatives] never see the light of day," says Human Rights Campaign president Joe Solmonese, who would prefer to press his case in court.
Evangelical leaders insist they know how gay marriage affects their voters—they'll stay home if politicians don't push for the FMA. "It's the one issue I have seen that eclipses even the abortion issue among Southern Baptists," says Richard Land, president of the Ethics and Religious Liberty Commission of the Southern Baptist Convention. Last month James Dobson, the influential founder of Focus on the Family, met privately with key Republicans, including Frist, House Speaker Dennis Hastert and Majority Leader John Boehner, to warn them about the political consequences of failing to promote issues like marriage. "If you forget us, we'll forget you," he said, according to a GOP House leadership aide who was briefed on the gatherings, but declined to be identified discussing private meetings.
Though Bush himself has publicly embraced the amendment, he never seemed to care enough to press the matter. One of his old friends told NEWSWEEK that same-sex marriage barely registers on the president's moral radar. "I think it was purely political. I don't think he gives a s--t about it. He never talks about this stuff," said the friend, who requested anonymity to discuss his private conversations with Bush. White House aides, who also declined to be identified, insist that the president does care about banning gay marriage. They say Monday's events with amendment supporters—Bush will also meet privately with a small group—have been in the works "for weeks" and aren't just a sop to conservatives.
Whatever Bush's motivation, his actions aren't likely to quiet his critics. Land says he's happy Bush is speaking out, but he'd like to see signs of real commitment to the issue. "We know what a full-court press looks like when we see one," Land says. A White House official, who declined to be identified discussing strategy, says Bush has not made calls on the amendment because "nobody has asked us."
Whatever the political maneuvering, it's the courts that could
make the next move. Last week New York's highest court heard
arguments that the state must allow gay couples to wed. A similar
case in New Jersey was argued in February. Decisions could come later
this summer. At the same time, judges recently struck down 2004 bans
from Georgia, Ohio and Nebraska. "It's just a matter of time before
the other shoe falls," says Family Research Council president Tony
Perkins. "This is not an issue you can take a pass on." For
politicians and activists, that may be true. But average voters might
do exactly that.
Source: Debra Rosenberg with Richard Wolffe, Holly
Bailey and Karen Breslau, www.msnbc.msn.com/id/13121953/site/newsweek
Chains do not hold a marraige together. It is threads, hundreds of tiny threads, which sew people together through the years. - Simone Signoret
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