Gay marriage in the United States

The federal Defense of Marriage Act of 1996 (DOMA) defines marriage as a legal union between one man and one woman for purposes of all federal laws, and provides that states need not recognize a marriage from another state if it is between persons of the same sex.

DOMAwatch.org is designed to inform legislators and attorneys about laws and litigation involving Defense of Marriage Acts at the federal and state levels.

A civil union is a legally recognized union similar to marriage. Many people are critical of civil unions because they say they represent separate status unequal to marriage. Others are critical because they say civil unions allow same-sex marriage by using a different name. Civil unions are permitted in Vermont, New Jersey, New Hampshire and Connecticut. Some other states allow what are called domestic partnerships or have laws with beneficiary protections.

The National Conference of State Legislatures has an updated site where visitors can check the status of state laws regarding gay marriage and civil unions.

Includes timeline of major events and a U.S. map showing the status of each state's action on the issue of gay marriage.

Proponents of gay marriage point to the money that legalized unions could bring to state coffers. In this 2008 study by the Williams Institute at the UCLA School of Law, the authors say same-sex marriage would bring nearly $700 million to the California wedding industry and pump almost $65 million in new revenue into the state budget over the next three years. (California allowed same-sex marriage for a few months in 2008, until voters approved a constitutional amendment banning it.)

A Quinnipiac University poll released in late April 2009 found that a majority of people questioned, 55 to 38 percent, oppose gay marriage. But it also found that people, 57 to 38 percent, support civil unions, indicating a shift toward more acceptance.

With congressional elections in 2010, Republicans, Democrats and nonpartisan analysts say the changes benefit Democrats, whose bedrock liberals favor gay unions, and disadvantage Republicans, whose conservative base insists that marriage be solely between a man and a woman.

New Hampshire became the sixth state to legalize gay marriage after the Senate and House passed key language on religious rights. Gov. John Lynch (shown) — a Democrat who personally opposes gay marriage — had promised a veto if the law didn't clearly spell out that churches and religious groups would not be forced to officiate at gay marriages or provide other services.

Gov. John Baldacci (pictured) said in a statement that while he has opposed gay marriage in the past, "I have come to believe that this is a question of fairness and of equal protection under the law, and that a civil union is not equal to civil marriage.

Opponents pledged to launch a petition drive to overturn the law at the statewide ballot box.

From Time magazine: When the Iowa Supreme Court ruled that gays can marry in the Hawkeye State, gay marriage became not just a coastal thing, Furthermore, what sets this decision apart is the frank way in which it raises the issue of religious objections to gay marriage. The Iowa court says that mere moral opprobrium or deeply held values are not enough to warrant legal sanctions or the denial of legal rights.

Iowa's largest counties saw an initial rush on marriage applications from same-sex couples on April 27, 2009, the first day the partners were allowed to apply. Some couples married the same day, able to have a three-day waiting period waived.

Possible contenders for the GOP presidential nomination in 2012 weigh in on the ruling in the politically important state.

Iowa Gov. Chet Culver, a Democrat, says he's reluctant to support an amendment to ban gay marriage in his state. A state constitutional ban on same-sex marriage would need to be approved by two consecutive legislative sessions, the 2009-10 session and the 2011-12 session, before going to the voters in a general election referendum.

Iowa State Sen. Matt McCoy (Democrat), the first openly gay member of the Iowa Legislature, describes why he thinks Iowa won't "go backwards" on the issue of gay marriage.

From the gay-rights legal group, dated April 2009

Massachusetts was the first U.S. state to make same-sex marriage legal. The entry includes a timeline of events before and since.

Articles, photos and audio from May 2004, as the first marriages took place, and from one year later.

Nearly 10,000 same-sex couples had tied the knot by May 2007. But while celebrating, they were also facing the complications stemming from the lack of federal benefits and bracing for opposition in the Massachusetts Legislature.

From the American Civil Liberties Union. The guide also points out some of the downsides to getting married in Massachusetts. While it's easy to get married, it won't be so easy for most same-sex couples to get divorced. Massachusetts has a one-year residency requirement for divorce. This puts couples who marry in Massachusetts but do not reside there in a tough position should they decide to split up.

In June 2007, the Massachusetts Legislature voted 151 to 45 against a constitutional amendment limiting marriage to one man and one woman. The measure needed 50 favorable votes in order to come before voters in a referendum in November 2008.
A new amendment could not get on the ballot before 2012.

On July 31, 2008, a 1913 law prohibiting non-residents from marrying in Massachusetts if they can't legally marry in their own state was repealed. Former Gov. Mitt Romney (pictured) had said he'd enforce the law, not wanting the state to become the "Las Vegas of same-sex marriage."

Includes details of the October 2008 court decision and related legislation.

Less than two hours after a court ruling became official, what is thought to be Connecticut's first same-sex wedding took place in New Haven. Peg Oliveira (at right in photo) and Jennifer Vickery, of New Haven, wed near a farmer's market next to City Hall

On April 23, 2009, Connecticut Gov. Jodi Rell signed a marriage law bill that will allow the state's civil union law to expire in 2010 and automatically convert existing civil unions to marriages. The bill also strikes gender references from marriage laws. The bill includes an amendment that allows religious societies to effectively opt out of the requirements of the law. That means that a group such as the Knights of Columbus would not be required to rent out its halls for same-sex wedding receptions. Nor would a Catholic priest be obligated to preside over such a union. See also:
http://www.courant.com/news/politics/hcu-gaymarriage-0423,0,664738.story

From the gay-rights group GLAD (Gay & Lesbian Advocates & Defenders), dated November 2008

Vermont is the first state to allow same-sex marriage through legislative action instead of a court ruling. The April 2009 override of the governor's veto of a gay- marriage bill came less than a week after the Iowa decision legalizing gay marriage. Vermont will allow same-sex marriage starting Sept. 1, 2009.

This Burlington (Vt.) Free Press coverage includes links to sidebars, photo galleries and video.

In March 2009, Douglas said the bill had become a distraction at the Statehouse and was keeping lawmakers from acting on proposals to strengthen the Vermont economy and pass a balanced budget.

Douglas said he strongly opposes the legislation for two basic reasons:
"I believe that marriage has always been and ought to remain a union of a man and a woman. I believe that the civil union law has afforded equal rights and benefits under state law to same sex couples and that that should suffice."

The copy of the bill as it was introduced in the legislature.

The state's how-to guide to seeking a civil union, or dissolving one.

After Sept. 1, 2009, no further civil unions will be created. Civil unions created prior to this date will retain their status, but these couples will have the option of entering a marriage.

Vermont was the first state to grant civil unions to same-sex couples, in 2000. Here is a look from 2000-2002 at the backgrounds and numbers of those seeking such unions.

Former Vermont Gov. Howard Dean, who signed the groundbreaking bill allowing civil unions, explains his decision in an interview he gave while seeking the Democratic presidential nomination in 2004.

The future status of same-sex marriage in California is uncertain pending the legal challenges to Proposition 8, the constitutional amendment passed in November 2008. The entry includes legislation dating to the '70s.

This ballot initiative limited marriage in California to one man and one woman. It was approved by 61 percent of voters. It was struck down in the May 2008 Supreme Court decision.

San Francisco Mayor Gavin Newsom unleashed a political and legal tempest Feb. 12, 2004, when he ordered the city clerk to begin issuing marriage licenses to same-sex couples.

Beginning in June 2008, gay couples would be permitted to marry in California, even if they did not live in the state.

"Our state now recognizes that an individual's capacity to establish a loving and long-term committed relationship with another person and responsibly to care for and raise children does not depend upon the individual's sexual orientation," Chief Justice Ronald M. George wrote for the majority. "An individual's sexual orientation -- like a person's race or gender -- does not constitute a legitimate basis upon which to deny or withhold legal rights."

The passage of Prop 8 was seen as major victory for religious conservatives seeking to ban gay marriage in other states, and a crippling setback for the gay rights movement nationwide. But since November 2008, same-sex marriage has been approved in Iowa and Vermont, and momentum is growing in Maine and New Hampshire.

Schwarzenegger, who previously rejected legislation authorizing same-sex marriage, said he would uphold the June 2008 Supreme Court decision and publicly opposed Proposition 8, the November 2008 constitutional amendment initiative to ban gay marriage in California. After Prop 8 succeeded at the polls, Schwarzenegger still expressed hope that the California Supreme Court would overturn it.

After the May 2008 ruling, one of the highest-profile same-sex marriages in California was the wedding of talk show host Ellen DeGeneres (left) to actress Portia DeRossi.

In May 2008, Gov. David Paterson directed New York agencies to recognize same-sex marriages from other states and countries. His order followed a February ruling from a New York state appeals court .

The Washington, D.C., City Council voted May 5, 2009, to recognize gay marriages from other states; former Mayor Marion Barry (pictured) cast the only "no" vote. Council's action could be the first step in allowing gay marriages to be performed in the district. But first, Congress has the final say over D.C. legislation.

The issue could be divisive in Washington, a city with a long history of racial tension in politics. "All hell is going to break lose," Councilman Marion Barry said. "We may have a civil war. The black community is just adamant against this."

The ACLU Web site has a section for lesbian, gay, bisexual and transgender rights.

Lambda Legal is a national organization committed to achieving full recognition of the civil rights of lesbians, gay men, bisexuals, transgender people and those with HIV through impact litigation, education and public policy work. Lambda Legal worked for the marriage equality issue in Iowa.

The Human Rights Campaign, a grass-roots group, represents more than 750,000 members and supporters nationwide. As the largest national lesbian, gay, bisexual and transgender civil rights organization, HRC envisions an America where LGBT people are ensured of their basic equal rights, and can be open, honest and safe at home, at work and in the community.

Christian-based nonprofit founded by family psychologist Dr. James Dobson.

According to its Web site: "We believe that the institution of marriage is a sacred covenant designed by God to model the love of Christ for his people and to serve both the public and private good as the basic building block of human civilization. Marriage is intended by God to be a thriving, lifelong relationship between a man and a woman enduring through trials, sickness, financial crises and emotional stresses. Therefore, Christians are called to defend and protect God's marriage design and to minister in Christ's name to those who suffer the consequences of its brokenness."

"The Alliance Defense Fund directly litigates carefully chosen, strategic cases to protect the freedom of religion, guard the sanctity of human life, and preserve marriage and marriage and the family."

The mission of the Alliance for Marriage is to see more children raised in a home with a mother and a father.