A May 15, 2008, court ruling striking down California’s ban on same-sex marriage has rocketed the issue back into the national spotlight. Political, legal and religious battles over homosexual unions are continuing in California, other states and nationally.
Although the ruling directly affects only California, some predict it could play a role in softening objections to gay marriage nationally – or galvanize the opposition even more. On May 28, 2008, New York announced that in response to a state court ruling it will begin recognizing same-sex marriages performed elsewhere. And same-sex marriage is sure to be an issue in the presidential election as voters take heed of the winner’s role in nominating federal and Supreme Court judges. ReligionLink offers a guide to resources for covering this evolving debate.
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- What’s New
- General Resources
- Advocacy groups and sites
- In the States
- Courts
- Congress
- Religious Bodies
- Polls
California’s high court issued a ruling May 15 that legalizes same-sex marriage, making it the second U.S. state (after Massachusetts) to allow such unions. With the order tentatively scheduled to take effect June 17, officials are hustling to deal with an expected onslaught of license applications. How long the ruling will stand remains uncertain, though, as a proposed state constitutional amendment banning same-sex marriage is expected to go before voters in November.
Regardless of what happens, the court’s action has inflamed the gay-rights debate across the country. California is sometimes considered to be on the forefront of social changes in America, leading some to speculate that acceptance of same-sex marriage there could influence public attitudes elsewhere over time. In addition, California (unlike Massachusetts) doesn’t put state residency restrictions on marriage license applicants. That means gays and lesbians from other parts of the nation could flock to California to wed and then return to their home states, which in turn might either soften or solidify others’ opinions on the subject.
For now, though, California and Massachusetts remain a distinct minority when it comes to same-sex marriage. Forty-one states have statutes that effectively ban such unions, and 26 have enshrined a ban in their state constitutions. (A 27th state, Hawaii, has a constitutional amendment, but technically it doesn’t forbid gay matrimony; it simply takes that decision out of the courts’ purview and leaves it to state legislators. They in turn have outlawed it.) Marriage alternatives (civil unions or domestic partnerships) are accepted in nine states. That leaves just three states with nothing on the books barring or allowing same-sex unions: New York, New Mexico and Rhode Island.
Turnout in the 2004 presidential election was bolstered by ballot proposals to amend a number of states’ constitutions to prohibit gay marriage, but this year such measures are expected in just three: Arizona (which rejected a proposed amendment in 2006), California and Florida. The subject is still likely to influence this year’s presidential contest, though, as voters nationwide take into consideration the winner’s role in nominating federal and Supreme Court judges.
Meanwhile, will Congress try to resurrect a proposed same-sex marriage ban amendment to the federal Constitution? Approval by two-thirds of members would be required in order to send such a measure to the states for ratification, and twice previously (in 2004 and 2006) this failed to occur – both years when Congress was controlled by Republicans.
General Resources
• See “Calif. gay marriage ruling sparks new debate” from Stateline.org. It includes a timeline of milestone events.
• The National Conference of State Legislatures updates its Web page on same-sex marriage and has a timeline tracking state legislation and court rulings.
• The National Marriage Project at Rutgers, the State University of New Jersey, conducts research and analysis on marriage issues. The project’s publications include an annual statistical compendium, The State of Our Unions. David Popenoe and Barbara Dafoe Whitehead are co-directors. Contact 732-445-7922, marriage@rci.rutgers.edu.
• The Pew Forum on Religion & Public Life tracks related news developments and conducts polling on the subject.
• Rutgers’ law library posts a bibliography of legal literature on the topic.
• Wikipedia keeps its page on same-sex marriage updated with background, links, state-by-state information and charts. As with any open-source Web site, information on Wikipedia should be confirmed before it’s used.
Advocacy groups and sites
FAVORING SAME-SEX MARRIAGE
• The American Civil Liberties Union posts news developments dealing with gay and lesbian relationships. Contact 212-549-2627, getequal@aclu.org.
• The New York City-based organization Freedom to Marry describes itself as “a gay and non-gay partnership working to win marriage equality nationwide.” Evan Wolfson is executive director. Contact 212-851-8418, evan@freedomtomarry.org.
• The Human Rights Campaign maintains a Web page with resources on all aspects of marriage and relationship recognition, including legislative and court action. Contact 202-628-4160.
OPPOSING SAME-SEX MARRIAGE
• The American Center for Law and Justice maintains a “Protecting Marriage” page on its Web site. Media contacts include Todd Shearer, 770-813-0000, tshearer@demossgroup.com.
• DOMAwatch.org, a site maintained by the Alliance Defense Fund, which opposes same-sex marriage, offers resources on all aspects of the issue and tracks legislative and court action. Contact domawatch@telladf.org.
• The Family Research Council devotes a Web page to marriage and family issues. The page includes links to brochures, amicus briefs and other materials on same-sex marriage. Contact 202-393-2100 or email through the Web site.
• The nonprofit Institute for American Values focuses on “strengthening families and civil society in the U.S. and the world”; its Web site includes a section on marriage. Contact 212-246-3942, info@americanvalues.org.
• The Institute for Marriage and Public Policy, based in Manassas, Va., posts research briefs on marriage-related topics. Its latest on same-sex unions is titled “American Courts on Marriage: Is Marriage Discriminatory? 1998-2008.” The institute also hosts a Marriage Debate blog. Contact 202-216-9430, info@imapp.org.
For national and regional interview sources, check these ReligionLink issues:
• Same-sex marriage in limbo (2004)
• A guide to covering marriage issues (2003)
• Same-sex marriage moves beyond Vermont (2002)
In The States
A flurry of constitutional amendment elections in the states followed Massachusetts’ legalization of gay marriage more than four years ago. That won’t be repeated in 2008 because so many states have now taken action on the matter. Only three (New York, New Mexico and Rhode Island) have nothing on the books barring or allowing same-sex unions.
SAME-SEX MARRIAGE
Massachusetts and California are the only states to allow same-sex marriages. Massachusetts was first, permitting such unions beginning May 17, 2004. The state Legislature acted to allow the marriages after a November 2003 Massachusetts Supreme Court ruling that declared the state’s marriage law discriminatory. California’s Supreme Court opened the door to same-sex marriage there in a ruling on May 15, 2008.
• See “Mass. law about same-sex marriage,” at the Massachusetts Trial Court Law Libraries site, which includes links to many resources.
• Read a list of FAQs about the California marriage ruling on Lamba Legal’s Web site.
• Read FindLaw’s May 17, 2005, article, “The one-year anniversary of same-sex marriage in the United States.”
• Massachusetts puts residency restrictions on those seeking same-sex marriage; California has no residency requirement for marriage.
CIVIL UNIONS AND DOMESTIC PARTNERSHIPS
Civil unions for same-sex couples are allowed in Vermont, Connecticut, New Jersey and New Hampshire. These unions typically provide the same rights (except federal) and duties as granted for traditional marriage in that state. Domestic partnerships, which accord varying levels of benefits depending on the jurisdiction, are permitted in five states: California, Hawaii, Maine, Oregon and Washington.
VERMONT
Vermont has allowed civil unions for same-sex couples since July 1, 2000, when the Vermont Civil Union law went into effect. The state Legislature passed it in reaction to a state Supreme Court mandate in Baker v. State. The law gives same-sex couples rights under family laws, such as annulment, child custody, child support, alimony, domestic violence, adoption and property division; rights to sue for wrongful death, loss of consortium and under any other tort or law concerning spousal relationships; medical rights, such as hospital visitation, notification and durable power of attorney; family leave benefits; joint state tax filing; and property inheritance when one partner dies without a will.
• Read the Vermont Guide to Civil Unions and the secretary of state’s Web page on civil unions.
CONNECTICUT
On Oct. 1, 2005, Connecticut became the first state to legalize civil unions among same-sex couples without being forced to by state courts. The Connecticut law gives the parties the same benefits, protections and responsibilities as married spouses have under state law.
• See A Guide to Civil Unions in Connecticut.
NEW JERSEY
Same-sex civil unions became permissible in New Jersey on Feb. 19, 2007.
• The organization Garden State Equality posts a guide to the state’s law.
NEW HAMPSHIRE
New Hampshire’s law allowing same-sex civil unions took effect Jan. 1, 2008.
• Information about the measure is available on the GLAD.org Web site.
CALIFORNIA
California first adopted a domestic partnership law in 1999. An expanded version has been in effect since 2005. The law is not affected by the new marriage ruling.
• Information about the Domestic Partners Registry (including how to terminate a partnership) is available on the California secretary of state’s Web site.
HAWAII
Hawaii enacted a “Reciprocal Beneficiaries” law in 1997 that gives limited rights to same-sex couples, as well as others.
• Read a summary of the law’s provisions as described by the National Conference of State Legislatures (scroll toward the bottom of the page).
MAINE
Domestic partnerships have been sanctioned in Maine since 2004.
• The statute can be read online.
OREGON
After a legal challenge was resolved, Oregon’s domestic partnership law went into effect Feb. 1, 2008. It gives same-sex couples virtually all of the rights afforded to married heterosexuals.
• The state government posts FAQs about the law online.
WASHINGTON
Washington state has had a domestic partnership law since July 2007. The Legislature expanded the rights and responsibilities of domestic partners in 2008.
• Read a summary of the laws and regulations on the secretary of state’s site.
STATE CONSTITUTIONAL AMENDMENTS / LEGISLATION
Forty-one states have statutes that effectively ban same-sex marriage, and 26 have enshrined a ban in their state constitutions. (A 27th state, Hawaii, has a constitutional amendment, but technically it doesn’t forbid gay matrimony; it simply takes that decision out of the courts’ purview and leaves it to state legislators. They in turn have outlawed it.) Marriage alternatives – civil unions or domestic partnerships – are accepted in nine states.
Proposed constitutional amendments are expected to go before voters in three states this year: Arizona (which rejected a proposed amendment in 2006), California and Florida. If Californians approve theirs, the amendment would supersede the new law allowing same-sex marriages, which would no longer be allowed.
Here are resources for checking on action on amendments and legislation throughout the nation.
• The National Conference of State Legislatures maintains a list of states with Defense of Marriage Acts or constitutional language defining marriage. The site’s timeline shows legal and legislative developments at the city, state and tribal level since 2003.
• Stateline.org updates its site with news of state legislative activity.
• For legislation, litigation and constitutional issues in each state, click on a map at DOMAwatch.org, a site maintained by the Alliance Defense Fund, which opposes same-sex marriage. The alliance also maintains a site with links to articles on the subject.
• See the pro-gay-marriage Human Rights Campaign’s map of statewide marriage laws. The HRC also posts summaries about legislation, laws and ballot initiatives, state by state.
Courts
Federal and state courts regularly consider new cases involving same-sex marriages or civil unions, even if those legal statuses aren’t conferred in their states. In New York, for example, a five-judge appellate panel said in February 2008 that two lesbians who had married in Canada were entitled to legal recognition of the relationship by the state of New York. One of the women was suing over denial of health-care benefits to the other.
Two cases in particular are highly anticipated at the moment. Connecticut’s high court is expected to rule soon on whether gay couples have a right to marriage benefits, and a gay marriage case in Iowa is likely to be decided next year. (See a March 17, 2008, New York Times article about the Connecticut case, Kerrigan v. State. Read an Associated Press story that ran May 22, 2008, in the Spencer, Iowa, Daily Reporter about the Iowa case, Varnum v. Brien.)
Several Web sites track action in the courts:
• DOMAwatch.org, a site maintained by the Alliance Defense Fund, maintains a linked map that lists same-sex marriage issues by federal court circuit. Another map lists issues by state.
• FindLaw.com offers a history of legal cases on same-sex marriage.
• The California Courts Web site has links to all that state’s Supreme Court rulings on same-sex marriage, oral arguments and case documents.
Congress
In 1996, Congress passed and President Clinton signed the Defense of Marriage Act permitting states to refuse to recognize same-sex marriages performed elsewhere and defining marriage as between one man and one woman. (Read Wikipedia’s backgrounder.)
Efforts were made in 2004 and 2006 to amend the federal Constitution, based in part on fears that a mere statute could be found unconstitutional by the U.S. Supreme Court. An amendment would have to be approved by 67 senators and two-thirds of the House of Representatives, then be ratified in at least 38 states. So far, supporters have not been able to garner the needed congressional support.
• Read a history of these efforts at ReligiousTolerance.org and background with links at Wikipedia.
Religious Bodies
A snapshot of where notable religious denominations stand on gay marriage.
For general information, see:
• The Pew Forum on Religion and Public Life’s list of religious groups’ positions.
• “Policies of 47 Christian denominations on homosexuality” at ReligiousTolerance.org, which also maintains a list called “Homosexuality and religion: Policies of non-Judeo-Christian religions.”
CATHOLIC
• Roman Catholic Church: In the document “Considerations regarding proposals to give legal recognition to unions between homosexual persons,” issued by the Congregation for the Doctrine of the Faith, the Roman Catholic Church in 2003 reiterated its position that “No ideology can erase from the human spirit the certainty that marriage exists solely between a man and a woman.” The nation’s bishops have backed calls for a U.S. constitutional amendment.
EVANGELICAL PROTESTANTS
• Southern Baptist Convention: The nation’s largest Protestant denomination says in its “basic beliefs” that “Marriage is the uniting of one man and one woman in covenant commitment for a lifetime.”
• American Baptist Churches USA: In November 2005, the national body declared that “God’s design for sexual intimacy places it within the context of marriage between one man and one woman” and that “the practice of homosexuality is incompatible with Biblical teaching.” The board of the American Baptist Churches Pacific Southwest region voted to separate from the parent body, however, over what was described as the larger group’s refusal to deal with lax policies of some congregations toward homosexuality. Read a May 18, 2006, Baptist Press article about the situation.
MAINLINE PROTESTANTS
• United Church Of Christ: The 25th biennial General Synod in July 2005 approved an “equal marriage rights for all” resolution, making it the first mainline Christian denomination to endorse gay marriage.
• United Methodist Church: The second-largest Protestant denomination in the country and the largest mainline Protestant denomination rejected a proposal to become more inclusive of gays and lesbians. Read a May 3, 2008, Dallas Morning News article about a protest by gay-rights supporters at the latest General Conference.
• Evangelical Lutheran Church in America: In August 2007 a churchwide assembly called for restraint in disciplining ministers engaged in committed same-sex relationships, but it also rejected calls to explicitly allow ordination of homosexuals churchwide. A social statement on sexuality is expected to be considered in 2009; read an executive summary of the draft statement.
• Episcopal Church: The denomination has been in turmoil since Gene Robinson was elected as its first openly gay bishop in 2003. Its constitution defines marriage as “a physical and spiritual union of a man and a woman, entered into within the community of faith, by mutual consent of heart, mind, and will, and with intent that it be lifelong.”
PENTECOSTAL
• Church of God in Christ: In 2004 this African-American denomination issued a proclamation on marriage, saying “we declare our opposition to any deviation from traditional marriages of male and female.”
OTHER
• Unitarian Universalist Association: It passed a resolution in 1996 supporting the legal right to same-sex marriage and urging UUA congregations to bless such marriages. The church launched a campaign in 2006 against the proposed federal marriage amendment.
• Metropolitan Community Church: The church, whose motto is “sexuality and spirituality rejoined,” welcomes gays, lesbians, transgendered people and bisexuals and encourages the blessing of same-sex marriages.
• Church of Jesus Christ of Latter-day Saints: It has declared that allowing same-sex marriage would “make light of the very serious and sacred foundation of God-sanctioned marriage and its very purpose, the rearing of families.”
JEWISH
• Reform Judaism: Reform Judaism, the largest of the three main branches of Judaism in America, was the first to officially allow same-sex commitment ceremonies. In 2000 the Central Conference of American Rabbis, the organized rabbinate of Reform Judaism, approved a “Resolution on Same Gender Officiation” allowing rabbis to officiate at gay and lesbian commitment ceremonies.
• Conservative Judaism: On Dec. 6, 2006, the Committee on Jewish Law and Standards of the United Synagogue of Conservative Judaism issued a ruling allowing rabbis and synagogues to ordain gay rabbis and perform or host same-sex commitment ceremonies. Rabbis and synagogues are also allowed to continue to not permit such ceremonies or ordain or hire gay rabbis. See a press release. See a Dec. 7, 2006, Washington Post article about the vote and a July 3, 2007, Forward article about how synagogues are adapting to the new rule.
• Orthodox Judaism: Opposes same-sex marriage.
ISLAM
• Islam prohibits same-sex marriage.
Polls
• Pollingreport.com posts recent polls on same-sex marriage. Newest ones are at the top.
•Gallup conducts a “values and beliefs” survey each May. Read about the 2008 results, which include a finding that Americans are evenly split (48-48) on the moral acceptability of homosexual relations.
• The Pew Forum on Religion & Public Life posts polls and resources on gay marriage and on the Marriage Protection Amendment. A poll published April 1, 2008, found that most Americans remain opposed to same-sex marriage.
• See also a survey of Americans’ attitudes on social issues released Aug. 3, 2006, by the Pew Research Center for the People and the Press.
• ReligiousTolerance.org posts a collection of polls. The most recent are at the bottom of the site.
• A Los Angeles Times/KTLA poll indicates that about 54 percent of California’s registered voters favor a proposed state constitutional amendment banning same-sex marriage that’s expected to be on the ballot in November. The poll was conducted May 20-21, 2008.
• A poll conducted May 17-26, 2008, in California found that a majority of the state’s voters favor letting gays and lesbians marry. The Field Research Corp., which conducted the survey, said it was the first time in more than 30 years of polling on the subject that the results had tipped in favor of same-sex marriage.
