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Marriage definitions vary widely
By Scott Taylor
Deseret News
Sunday, Nov. 29, 2009
America's struggles to define marriage are all over the map.
It's more than just differences from California to Connecticut and from Idaho to Iowa -- it's also how those definitions continue to be refined across the country.
Marriage definitions have been crafted or confirmed in courts, legislatures and voting booths. And in some cases, those definitions have been reversed in a matter of months.
With the exception of the Defense of Marriage Act passed a dozen years ago by the United States Congress, the definition of marriage -- either the traditional union of a man and a woman or the more recent allowance of uniting same-sex couples -- is an issue left for each state to answer for itself.
Gay-rights advocates point out that five states have legalized same-sex marriage through court decisions or legislative actions in the past five years, while another 10 states allow either civil unions or domestic partnerships for same-sex couples.
Meanwhile, proponents of traditional marriage point to their own successes -- 41 states now have statutes or constitutional amendments that define marriage as between a man and a woman.
And in each of the 31 states where the question of defining marriage has been put to a public vote, the winning majority has favored traditional marriage.
That includes California last year and Maine this month.
In the former, voters in November 2008 approved Proposition 8, a state constitutional amendment reversing California's high court ruling five months earlier that legalized same-sex marriage. And Maine voters earlier this month repealed the same-sex law approved by that state's Legislature in June.
But the battle at the ballot box -- or in the courts or legislatures, for that matter -- is far from done.
In California, the secretary of state's office recently cleared five potential initiatives seeking to repeal the amendment defining marriage as between a man and woman. Proponents have started gathering petition signatures in hopes of at least one of the initiatives making onto the state's 2010 ballot -- even though a recent Los Angeles Times/University of Southern California poll found that 60 percent of those surveyed didn't want to revisit the issue in 2010.
In the District of Columbia, the D.C. Board of Ethics and Elections recently announced that a measure prohibiting same-sex marriage cannot go on the next ballot in Washington D.C., saying it conflicts with the city's Human Rights Act. However, the same council is considering a same-sex marriage measure.
In New York, Gov. David Paterson has pushed his same-sex marriage bill through the state Assembly. It now sits with the New York Senate. And both sides of the marriage issue took notice earlier this month when New Jersey Republican gubernatorial candidate Chris Christie beat out Democratic incumbent Jon Corzine, who had helped New Jersey approve its civil-unions legislation two years earlier.
With the region's prevalent "live and let live" philosophies, New England has seen some of the dramatic changes in marriage definition.
Even before the recent public-referendum reversal in Maine, four New England states -- Massachusetts, Connecticut, New Hampshire and Vermont -- had legalized same-sex marriage. That means the "Six By Twelve" gay-rights campaign -- all six New England states with same-sex marriage by the year 2012 -- could still be successful.
But given the public-vote defeat in Maine, some of New England's same-sex marriage momentum has been lost as the issue heads toward New York and New Jersey.
Given its socio-demographic makeup, California has long been a battleground in the matters of defining marriage and same-sex rights. West Coast counterparts Oregon and Washington have joined California in providing some state spousal-type benefits for same-sex couples, as has neighboring Nevada.
But perhaps the biggest surprise site in the back-and-forth defining of marriage is Iowa, right smack in the middle of America's heartland.
The April 2009 unanimous decision by the Iowa Supreme Court was the latest ruling from a state high court resulting in the legalization of same-sex marriage. The first such came in 2003, when Massachusetts' top court ruled it unconstitutional to deny same-sex couples the right to marry. Similar rulings followed in Connecticut and California in 2008 and in Iowa this year.
However, state courts have ruled against same-sex marriage in several other states -- New York and Washington in 2006 and Maryland in 2007.
The first major court decision regarding same-sex marriage occurred in 1993, when Hawaii's Supreme Court sided with a same-sex couple. The case and ruling resulted in the federal government passing its Defense of Marriage Act in 1996 and a Hawaii state constitutional amendment in 1998.
Unlike most state constitutional amendments since that define what marriage is, Hawaii's voter-approved amendment instead assigned that task to the state Legislature, rather than the courts having their say. The Hawaii Legislature did just that, with the statutes supporting traditional marriage.
A future possibility is the involvement of federal courts. A lawsuit is pending in a Massachusetts from a same-sex couple seeking the federal rights afforded a married couple.
After early court actions of the 2000s, legislative measures served as the primary avenue for the next same-sex marriage successes. During 2009, Vermont, Maine and New Hampshire became the first to legislate same-sex marriage without court mandate.
In April, the Vermont Legislature overrode a veto from Gov. Jim Douglas to legalize gay marriage beginning in September. Maine followed suit in May, when Gov. John Baldacci became the first governor to sign a same-sex marriage law without court pressure. Also targeted to take effect in September, opponents were able to put the new Maine law to a public vote -- and eventual repeal -- in this month's state election.
In June, New Hampshire Gov. John Lynch signed a bill for his state as well as a separate bill providing legal protections for religious organizations and their employees opposed to same-sex marriage. Such marriages in New Hampshire are to start January 2010.
Besides public-ballot triumphs, legislative measures have favored traditional-marriage supporters more so than gay-rights proponents -- including the sole measure passed by Congress.
Signed by President Bill Clinton in 1996, the Defense of Marriage Act gives states the rights to define marriage and whether or not to recognize same-sex unions from other states. For federal-government benefits ranging from tax allowances to Social Security payments, marriage is defined as between a man and a woman.
Some 40 states eventually adopted DOMA-type language in their respective statutes. Some -- such as Maryland and Wyoming -- had strengthened marriage language in their laws earlier.
In order to keep state-level judges from overturning same-sex marriage bans in statutes as being "unconstitutional," states began passing constitutional amendments. Some simply defined marriage as being between a man and a woman; others included stronger language banning civil unions or domestic partnerships.
Alaska was the first in 1998 with such a constitutional amendment, followed by Nebraska and Nevada in 2000. Four years later, 13 more states added constitutional amends, with two going on the books in '05, eight in '06 and the three -- in Arizona, California and Florida -- taking effect last November. In all, 30 of the 50 states have voter-approved constitutional amendments regarding marriage.
Since 2002, a proposed Federal Marriage Amendment -- defining marriage as between a man and a woman -- has been introduced to Congress several times. Votes in 2004 and 2006 failed to get the necessary two-thirds approval -- a proposed amendment would then need to be ratified by three-quarters of the state legislatures.
President Barack Obama has stated his belief that "marriage is between a man and a woman" but voted against the proposed federal amendment as a U.S. Senator, saying marriage definitions should be left to the individual states.
Congress still may be forced to get more involved in the marriage-definition issue. With the District of Columbia Council having approved legislation to recognize same-sex marriages performed in other states and the D.C. Council considering legalizing gay marriage, the U.S. Congress must approve all D.C. laws.
Marriage -- A consensual and contractual union for life, meting the legal requirements established by the state, with those requirements varying from state to state. Results in the creation or formation of kinships -- or family -- with the two marriage partners united legally, economically and emotionally.
Traditional marriage -- Commonly used to describe marriage between a man and a woman.
Same-sex marriage -- Also referred to as gay marriage, is the legal union of two individuals of the same gender.
Civil union -- One of a state's legal alternatives to same-sex marriage, providing all the state spousal rights and benefits to a couple without the title of marriage. Does not allow for federal benefits or protections. Can be used by couples beyond same-sex partners, such as senior man-and-wife couple not wanting to wed.
Domestic partnerships -- Another of a state's legal alternatives to same-sex marriage. Depending on the state allowances, can provide all, many or only a certain few of the state spousal rights and benefits afforded a marriage couple. Usually requires a partnership to be registered to receive benefits.
Spousal rights and benefits -- Benefits and protections provided by governments on both the federal and state levels. Benefits include those for tax breaks, Social Security, veterans, health insurance, Medicaid, hospital visitation, inheritance without a will, estate taxes, retirement savings, pensions, organ donation, family leave and immigration-law protections.
Defense of Marriage Act -- Passed by Congress and signed into law in 1996 by President Clinton. Defines marriage as a legal union between a man and a woman for the purposes of all federal laws. Also gives each state the rights to define marriage and to recognize -- or not recognize -- same-sex marriages performed in other states. Similar DOMA language included by many states in their statutes.
Constitutional marriage amendments -- Passed by 30 states. Defines marriage as between a man and a woman. Stronger language against civil unions and/or domestic partnerships included in some constitutional amendments. Provides a way for states to keep state-level judges from overturning state marriage statutes as being "unconstitutional."
States where same-sex marriage is available
Massachusetts (May 2004 -- by state's Supreme Court)
New Hampshire (January 2008 -- by state Legislature)
Connecticut (October 2008 -- by state's Supreme Court)
Iowa (April 2009 -- by state's Supreme Court)
Vermont (September 2009 -- by state Legislature)
States where legalized same-sex marriage has been repealed by public vote
California (legalized in May 2008 by state Supreme Court ruling; repealed in November 2008)
Maine (legalized by state Legislature in May 2009; was to go into effect in September 2009; repealed in November 2008)
States where civil unions are allowed
Vermont (2000) *
Connecticut (2005) *
New Jersey (2007)
New Hampshire (2007) *
Notes:
- Vermont, Connecticut and New Hampshire have since legalized same-sex marriage.
- In Vermont, civil unions are no longer available as of Sept. 1, but previous civil unions will remain valid.
- In Connecticut, civil unions will cease as of Oct. 1, 2010, with all existing unions being converted to marriages.
- In New Hampshire, where same-sex marriages will be allowed at the start of 2010, all civil unions will be merged into marriage by January 2011.
States where domestic partnerships provide all or some state-level spousal benefits
Hawaii (1997)
California (1999)
District of Columbia (2002)
Maine (2004)
Washington (2007)
Maryland (2008)
Oregon (2008)
Colorado (2009)
Nevada (2009)
Wisconsin (2009)
States where statutes -- including those with Defense of Marriage Act language -- define marriage as between a man and a woman
Alabama, Alaska, Arizona, Arkansas, Colorado, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maine, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Washington, West Virginia, Wisconsin
E-mail: taylor@desnews.com
It's more than just differences from California to Connecticut and from Idaho to Iowa -- it's also how those definitions continue to be refined across the country.
Marriage definitions have been crafted or confirmed in courts, legislatures and voting booths. And in some cases, those definitions have been reversed in a matter of months.
With the exception of the Defense of Marriage Act passed a dozen years ago by the United States Congress, the definition of marriage -- either the traditional union of a man and a woman or the more recent allowance of uniting same-sex couples -- is an issue left for each state to answer for itself.
Gay-rights advocates point out that five states have legalized same-sex marriage through court decisions or legislative actions in the past five years, while another 10 states allow either civil unions or domestic partnerships for same-sex couples.
Meanwhile, proponents of traditional marriage point to their own successes -- 41 states now have statutes or constitutional amendments that define marriage as between a man and a woman.
And in each of the 31 states where the question of defining marriage has been put to a public vote, the winning majority has favored traditional marriage.
That includes California last year and Maine this month.
In the former, voters in November 2008 approved Proposition 8, a state constitutional amendment reversing California's high court ruling five months earlier that legalized same-sex marriage. And Maine voters earlier this month repealed the same-sex law approved by that state's Legislature in June.
But the battle at the ballot box -- or in the courts or legislatures, for that matter -- is far from done.
In California, the secretary of state's office recently cleared five potential initiatives seeking to repeal the amendment defining marriage as between a man and woman. Proponents have started gathering petition signatures in hopes of at least one of the initiatives making onto the state's 2010 ballot -- even though a recent Los Angeles Times/University of Southern California poll found that 60 percent of those surveyed didn't want to revisit the issue in 2010.
In the District of Columbia, the D.C. Board of Ethics and Elections recently announced that a measure prohibiting same-sex marriage cannot go on the next ballot in Washington D.C., saying it conflicts with the city's Human Rights Act. However, the same council is considering a same-sex marriage measure.
In New York, Gov. David Paterson has pushed his same-sex marriage bill through the state Assembly. It now sits with the New York Senate. And both sides of the marriage issue took notice earlier this month when New Jersey Republican gubernatorial candidate Chris Christie beat out Democratic incumbent Jon Corzine, who had helped New Jersey approve its civil-unions legislation two years earlier.
With the region's prevalent "live and let live" philosophies, New England has seen some of the dramatic changes in marriage definition.
Even before the recent public-referendum reversal in Maine, four New England states -- Massachusetts, Connecticut, New Hampshire and Vermont -- had legalized same-sex marriage. That means the "Six By Twelve" gay-rights campaign -- all six New England states with same-sex marriage by the year 2012 -- could still be successful.
But given the public-vote defeat in Maine, some of New England's same-sex marriage momentum has been lost as the issue heads toward New York and New Jersey.
Given its socio-demographic makeup, California has long been a battleground in the matters of defining marriage and same-sex rights. West Coast counterparts Oregon and Washington have joined California in providing some state spousal-type benefits for same-sex couples, as has neighboring Nevada.
But perhaps the biggest surprise site in the back-and-forth defining of marriage is Iowa, right smack in the middle of America's heartland.
However, state courts have ruled against same-sex marriage in several other states -- New York and Washington in 2006 and Maryland in 2007.
The first major court decision regarding same-sex marriage occurred in 1993, when Hawaii's Supreme Court sided with a same-sex couple. The case and ruling resulted in the federal government passing its Defense of Marriage Act in 1996 and a Hawaii state constitutional amendment in 1998.
Unlike most state constitutional amendments since that define what marriage is, Hawaii's voter-approved amendment instead assigned that task to the state Legislature, rather than the courts having their say. The Hawaii Legislature did just that, with the statutes supporting traditional marriage.
A future possibility is the involvement of federal courts. A lawsuit is pending in a Massachusetts from a same-sex couple seeking the federal rights afforded a married couple.
After early court actions of the 2000s, legislative measures served as the primary avenue for the next same-sex marriage successes. During 2009, Vermont, Maine and New Hampshire became the first to legislate same-sex marriage without court mandate.
In April, the Vermont Legislature overrode a veto from Gov. Jim Douglas to legalize gay marriage beginning in September. Maine followed suit in May, when Gov. John Baldacci became the first governor to sign a same-sex marriage law without court pressure. Also targeted to take effect in September, opponents were able to put the new Maine law to a public vote -- and eventual repeal -- in this month's state election.
In June, New Hampshire Gov. John Lynch signed a bill for his state as well as a separate bill providing legal protections for religious organizations and their employees opposed to same-sex marriage. Such marriages in New Hampshire are to start January 2010.
Besides public-ballot triumphs, legislative measures have favored traditional-marriage supporters more so than gay-rights proponents -- including the sole measure passed by Congress.
Signed by President Bill Clinton in 1996, the Defense of Marriage Act gives states the rights to define marriage and whether or not to recognize same-sex unions from other states. For federal-government benefits ranging from tax allowances to Social Security payments, marriage is defined as between a man and a woman.
Some 40 states eventually adopted DOMA-type language in their respective statutes. Some -- such as Maryland and Wyoming -- had strengthened marriage language in their laws earlier.
In order to keep state-level judges from overturning same-sex marriage bans in statutes as being "unconstitutional," states began passing constitutional amendments. Some simply defined marriage as being between a man and a woman; others included stronger language banning civil unions or domestic partnerships.
Alaska was the first in 1998 with such a constitutional amendment, followed by Nebraska and Nevada in 2000. Four years later, 13 more states added constitutional amends, with two going on the books in '05, eight in '06 and the three -- in Arizona, California and Florida -- taking effect last November. In all, 30 of the 50 states have voter-approved constitutional amendments regarding marriage.
Since 2002, a proposed Federal Marriage Amendment -- defining marriage as between a man and a woman -- has been introduced to Congress several times. Votes in 2004 and 2006 failed to get the necessary two-thirds approval -- a proposed amendment would then need to be ratified by three-quarters of the state legislatures.
President Barack Obama has stated his belief that "marriage is between a man and a woman" but voted against the proposed federal amendment as a U.S. Senator, saying marriage definitions should be left to the individual states.
Congress still may be forced to get more involved in the marriage-definition issue. With the District of Columbia Council having approved legislation to recognize same-sex marriages performed in other states and the D.C. Council considering legalizing gay marriage, the U.S. Congress must approve all D.C. laws.
Marriage -- A consensual and contractual union for life, meting the legal requirements established by the state, with those requirements varying from state to state. Results in the creation or formation of kinships -- or family -- with the two marriage partners united legally, economically and emotionally.
Traditional marriage -- Commonly used to describe marriage between a man and a woman.
Same-sex marriage -- Also referred to as gay marriage, is the legal union of two individuals of the same gender.
Civil union -- One of a state's legal alternatives to same-sex marriage, providing all the state spousal rights and benefits to a couple without the title of marriage. Does not allow for federal benefits or protections. Can be used by couples beyond same-sex partners, such as senior man-and-wife couple not wanting to wed.
Domestic partnerships -- Another of a state's legal alternatives to same-sex marriage. Depending on the state allowances, can provide all, many or only a certain few of the state spousal rights and benefits afforded a marriage couple. Usually requires a partnership to be registered to receive benefits.
Spousal rights and benefits -- Benefits and protections provided by governments on both the federal and state levels. Benefits include those for tax breaks, Social Security, veterans, health insurance, Medicaid, hospital visitation, inheritance without a will, estate taxes, retirement savings, pensions, organ donation, family leave and immigration-law protections.
Defense of Marriage Act -- Passed by Congress and signed into law in 1996 by President Clinton. Defines marriage as a legal union between a man and a woman for the purposes of all federal laws. Also gives each state the rights to define marriage and to recognize -- or not recognize -- same-sex marriages performed in other states. Similar DOMA language included by many states in their statutes.
Constitutional marriage amendments -- Passed by 30 states. Defines marriage as between a man and a woman. Stronger language against civil unions and/or domestic partnerships included in some constitutional amendments. Provides a way for states to keep state-level judges from overturning state marriage statutes as being "unconstitutional."
States where same-sex marriage is available
Massachusetts (May 2004 -- by state's Supreme Court)
New Hampshire (January 2008 -- by state Legislature)
Connecticut (October 2008 -- by state's Supreme Court)
Iowa (April 2009 -- by state's Supreme Court)
Vermont (September 2009 -- by state Legislature)
States where legalized same-sex marriage has been repealed by public vote
California (legalized in May 2008 by state Supreme Court ruling; repealed in November 2008)
Maine (legalized by state Legislature in May 2009; was to go into effect in September 2009; repealed in November 2008)
States where civil unions are allowed
Vermont (2000) *
Connecticut (2005) *
New Jersey (2007)
New Hampshire (2007) *
Notes:
- Vermont, Connecticut and New Hampshire have since legalized same-sex marriage.
- In Vermont, civil unions are no longer available as of Sept. 1, but previous civil unions will remain valid.
- In Connecticut, civil unions will cease as of Oct. 1, 2010, with all existing unions being converted to marriages.
- In New Hampshire, where same-sex marriages will be allowed at the start of 2010, all civil unions will be merged into marriage by January 2011.
States where domestic partnerships provide all or some state-level spousal benefits
Hawaii (1997)
California (1999)
District of Columbia (2002)
Maine (2004)
Washington (2007)
Maryland (2008)
Oregon (2008)
Colorado (2009)
Nevada (2009)
Wisconsin (2009)
States where statutes -- including those with Defense of Marriage Act language -- define marriage as between a man and a woman
Alabama, Alaska, Arizona, Arkansas, Colorado, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maine, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Washington, West Virginia, Wisconsin
E-mail: taylor@desnews.com
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