I spent most of the day yesterday speaking to answering machines. The far more gratifying part of my day was the research I conducted. Yesterday and at the end of today, I educated myself about the fairly recent history and the current status of gay marriage rights in the U.S. Here’s what I discovered…
Then:
The first extremely influential case in the debate about gay marriage appeared in Hawaii in 1993: Baehr v. Lewin (1). In this case, the highest court of Hawaii ruled in favor of marriage equality. This, however, resulted in an outcry from those opposed to gay marriage. (Hawaii now has a constitutional amendment that bans gay marriage). A huge campaign began against gay marriage, leading to the Defense of Marriage Act (DOMA), which was signed by President Clinton in 1996. DOMA has three sections. The first names the act, the second says that states have the power to make their own legislation on marriage and the third defines a marriage as between one man and one woman (2).This means that even if an individual state allows same-sex marriage, no other state is required to recognize that marriage and the federal government will not extend the federal rights and privileges of marriage to the same-sex marriages solemnized by that state. In three cases, Section 3 (which prevents gay marriages from receiving any federal benefits) has been declared unconstitutional. However, those decisions have been appealed and though it won’t be defended in court, Section 3 is still being enforced in the U.S.
Now:
Due to the huge campaign against gay marriage during the 1990s, many states have not only provided a law banning gay marriage (like MN currently has), a majority of them have provided a constitutional amendment that prohibits it, as well. Thirty states, either by law or by State Constitution, prohibit gay marriage. Six states and the District of Columbia allow gay marriage and 13 states that do not allow gay marriage do allow civil unions (3). Now here is the real question: what’s the difference between marriage, civil union and domestic partnership? Well…
Marriage
Marriage is recognized by the state government in which it is performed, the federal government, and all other states (4).
However, even in states that do recognize same-sex marriage, gay couples who are married cannot receive the federal benefits of gay marriage, since DOMA prohibits it. Today, Section 3 has been declared unconstitutional in three cases but those decisions are currently under appeal (5).
The act of allowing gay marriage, despite these restrictions, is extremely significant. If all provisions of DOMA were to be found unconstitutional, couples married in states that recognize gay marriages would receive their federal benefits without delay and their marriages would be recognized in every other state in the U.S.
Lastly, the term “marriage” has a social and cultural significance in our country. Through marriage, people are able to declare their love and commitment for one another in a way that has social relevance. But what difference does a name really make? Here’s an analogy I like to use to describe the significance of the word:
The difference between getting to play
Four Square VS. Pass and Return a Ball Inside a Rectangular Figure
It’s the same game, but who wants to play Pass and Return a Ball Inside a Rectangular Figure when there's a game called Four Square???
Also, it would be different if the kids were given a choice to play one or the other. If Four Square represents marriage, then only the privileged children would be allowed to play Four Square while the unprivileged would be limited to Pass and Return a Ball Inside a Rectangular Figure.
Civil Union
Civil unions provide the same state benefits as marriage. However, they do not provide any of the 1,138 federal benefits linked here (scroll to page four to read more detailed descriptions of the benefits). These include access to health care, parenting and immigration rights, social security, veterans and survivor benefits, and transfer of property (6).
Currently, because of Section 3 of DOMA, civil unions and gay marriage are only accorded rights under state laws. However, if Section 3 of DOMA is repealed, the gay spouses in states that currently recognize gay marriage will receive the federal benefits of marriage, while partners in states that only recognize civil unions will not.
Domestic Partnership
Domestic partnerships provide gay couples with far more limited rights than civil unions. These vary by city and do not address inheritance, adoption, child custody, separation, or over 500 related areas governed solely by State law, as they are solely recognized by the municipal government. (7)
Minnesota Today:
The state of Minnesota does not recognize gay marriage or civil unions. Gay partners do not receive rights or benefits at a state level. The only form of rights gay partners are able to receive are through domestic partnerships. These domestic partnerships vary even across our own state and are only offered in 18 cities. (7)
Please, feel free to leave comments or questions, and I would be happy to respond! Also, check out some of the resources linked below; they're really informative.
Kari
a. Note that some of the facts about which states have legalized or banned gay marriage are incorrect as the article is from 2008. The main concepts, however, remain relevant and accurate in 2012.
No comments:
Post a Comment