Same-sex marriage remains a hot issue in Congress, courts, state legislatures and state ballots. It was kicked into high gear in 2003 when the Massachusetts Supreme Court ruled that a law barring same-sex marriage was inconsistent with the state constitution.
Legal and religious activity has been constant ever since, with a dizzying array of votes, rulings and reversals. The issue has ignited and polarized public sentiment, and elected officials – from mayors in the smallest cities to the president – have weighed in with opinions.
The issue is in high flux. Laws and initiatives allowing or restricting same-sex marriage are being passed and rescinded across the nation, mostly at the state level. Religious bodies endlessly debate and occasionally shift their policies. ReligionLink offers a guide to resources for covering the ever-changing debate.
UPDATED OCT. 30, 2006
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• Oct. 25, 2006: In a 4-3 decision, the New Jersey Supreme Court ruled that same-sex couples are entitled to the same benefits as married couples under the New Jersey Constitution. It gave the state legislature six months — until April – to decide whether to call same-sex partnerships marriage, civil unions, or something else. (Read an Oct. 25, 2006, Stateline.org story.)
• June 7, 2006: The U.S. Senate rejected a constitutional amendment to ban same-sex marriage by a vote of 49-48, far short of the two-thirds required for passage. The amendment was endorsed by President Bush. (Read a June 8, 2006, Washington Post story.) The Federal Marriage Protection Amendment was worded this way: “Marriage in the United States shall consist solely of the union of a man and a woman. Neither this Constitution, nor the constitution of any state, shall be construed to require that marriage or the legal incidents thereof be conferred upon any union other than the union of a man and a woman.” (Read a June 5, 2006, Baltimore Sun article about how religious groups – both conservative and liberal – are involved in lobbying related to the amendment.)
• May 16, 2006: A Georgia judge overturned a state constitutional ban on same-sex marriage that had been approved by voters in 2004. (Read a May, 17, 2006 Atlanta Journal-Constitution article posted by the National Constitution Center.)
• March 30, 2006: The Massachusetts Supreme Court ruled that same-sex couples who live in other states cannot get married in Massachusetts unless same-sex marriage is also legal in their home state. Massachusetts is the only state in which gays and lesbians can wed. See a March 30, 2006, New York Times story.
• Advocates of same-sex marriage are filing lawsuits in state courts as a way to try to expand the rights of same-sex couples. See a March 23, 2006, USA Today story.
• On Feb. 28, 2006, the Wisconsin State Assembly voted to place a constitutional amendment banning same-sex marriage on the Nov. 7 ballot. In November 2005, Texas voters approved an amendment with wording similar to Wisconsin’s.
General Resources
• See “Same-sex unions: a constitutional race,” from Stateline.org, which keeps the page updated, with links.
• The National Conference of State Legislatures updates its web page on same-sex marriage and has a timeline tracking state legislation and court rulings.
• Wikipedia keeps its page on same-sex marriage updated with background, links, state-by-state information and charts.
• 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.
• The Marriage Center of the Human Rights Campaign, which supports same-sex marriage, offers resources on all aspects of the issue and tracks legislative and court action.
• The Pew Forum on Religion and Public Life tracks related news developments and conducts polling on the subject.
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
Early 2004 saw a flurry of gay marriages in cities and counties where legal opinions, ordinances or executive orders encouraged gays and lesbians to marry. Conservatives organized in response, getting anti-marriage constitutional amendments on state ballots. Since then, legislation for and against – but mostly against – same-sex marriage has been considered or passed at every level of government.
SAME-SEX MARRIAGE
Massachusetts is the only state to allow same-sex marriages. Couples were allowed to marry starting on May 17, 2004, after the state Legislature passed a law allowing the marriages. The Legislature acted in reaction to a November 2003 Massachusetts Supreme Court ruling that declared the state’s marriage law discriminatory.
• See “Mass. law about same-sex marriage,” at the Massachusetts Trial Court Law Libraries site, which includes links to many resources.
• Read FindLaw’s May 17, 2005 article, “The one-year anniversary of same-sex marriage in the United States.”
• The Massachusetts restriction of gay marriage to residents of that state is being appealed to the state Supreme Court.
CIVIL UNIONS
Vermont and Connecticut are the only states that allow civil unions to be performed for same-sex couples.
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 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 new 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.
CONSTITUTIONAL AMENDMENTS / LEGISLATION
As of May 2006, 18 states have “defense of marriage” constitutional amendments that limit marriage to one man and one woman. Seven states have votes scheduled in 2006 on constitutional amendments. Ten states have current legal challenges that seek legal permission for same-sex marriage. At least 40 states ban gay marriage by statute. Here are resources for checking on action on amendments and legislation throughout the nation. Because of court rulings and legislative action, the numbers of states with amendments and legislation are constantly changing:
• 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 a list of state marriage laws and amendments.
• About.com’s Gay and Lesbian site gives the wording of each state marriage constitutional amendment ballot measure in the 2004 election and reports the election results.
• See the pro-gay-marriage Human Rights Campaign’s map of statewide marriage laws. The HRC also maps legislation, laws and ballot initiatives, state by state.
• MarriageWatch.org, a project of the Catholic University of America, keeps track of DOMA statutes.
Courts
Federal and state courts are constantly considering new cases involving same-sex marriage. Numerous web sites track action:
• DOMAwatch.org, a site maintained by the Alliance Defense Fund, maintains a linked map that lists same-sex marriage issues by federal court circuit.
• The Catholic University of America’s Marriage Law Project links to briefs and filings in state court cases involving same-sex marriage. See the cases alphabetically by state or click on a map of states.
• See the Washington Post’s April 20, 2005, timeline, “Gay Marriage in the Courts.”
• 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 are being made to amend the Constitution, based in part on fears that the law could be found unconstitutional by the U.S. Supreme Court. An amendment to the Constitution would have to be approved by 67 senators and two-thirds of the House of Representatives, then be ratified in at least 38 states.
Several attempts have been made before the current push in 2006.
• The most recent was rejected by the Senate on June 20, 2004. See the roll call vote at Senate.gov.
• 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:
• “Policies of 46 Christian denominations on homosexuality” at ReligiousTolerance.org, which also maintains a list called “Homosexuality and religion: Policies of non-Judeo-Christian religions“.
• MarriageWatch.org’s list of faith organizations’ policies and statements on gay marriage.
CATHOLIC
• Roman Catholic Church: ( 63 million U.S. members): 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.”
EVANGELICAL PROTESTANTS
• Southern Baptist Convention (16 million members): The nation’s largest Protestant denomination says in its “basic beliefs” that “Marriage is the unity of one man and one woman in covenant commitment for a lifetime.”
• American Baptist Churches USA (1.5 million members): It faces a denominational split after the national body refused to declare homosexuality “incompatible with Christian Scripture.” The 1.5 million-member denomination includes some 5,000 churches. Read a Sept. 15, 2005, PlanetOut Network article, “Baptists may split over gay issues,” at Yahoo! News.
MAINLINE PROTESTANTS
• United Church Of Christ (1.3 million members): 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 (9 million members): 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 July 13, 2004, UMNS article about the convention, republished at Techshopministry.org.
• Evangelical Lutheran Church In America (4.9 million members): In August 2005 a churchwide assembly rejected changes to church guidelines on gay and lesbian ordination and marriage. Read an Aug. 12, 2005, Fox News story.
• Episcopal Church (2.4 million): The denomination has been in turmoil since Gene Robinson was elected as its first openly gay bishop two years ago. Read an update in an Oct. 14, 2005, Boston Globe story. 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.” Read a March 2, 2004, news release from the Episcopal News Service in which Presiding Bishop Frank T. Griswold urged Americans to proceed carefully and thoughtfully in considering a federal marriage amendment to the Constitution.
PENTECOSTAL
• Church Of God In Christ (5.5 million members): 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 (158,000 members): It passed a resolution in 1996 supporting the legal right to same-sex marriage and urging UUA congregations to bless such marriages. Read a 2004 update from the denomination.
• 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.
JEWISH
•Reform Judaism (1.5 million members): Reform Judaism, the largest of the three main branches of Judaism in America, is the only one to officially allow same-sex commitment ceremonies. In 2000 the Central Conference of American Rabbis approved a “Resolution On Same Gender Officiation” allowing rabbis to officiate at gay and lesbian commitment ceremonies. Read a March 29, 2000, press release posted by Beliefnet.
ISLAM
• Islam prohibits same-sex marriage.
Polls
• The Pew Forum on Religion & Public Life posts polls and resources on the Marriage Protection Amendment.
• Pollingreport.com posts recent polls on same-sex marriage. Newest polls are at the top.
• ReligiousTolerance.org posts a collection of polls, which it updates. The most recent are at the bottom of the site.
• A Boston Globe poll conducted May 4-9, 2005, found that about half of Americans say they don’t want their states to recognize Massachusetts gay marriages – and nearly half do.
• A CNN/USA Today/Gallup Poll in March 2005 found stronger opposition to gay marriage. Read a Washington Times story.
Articles
• The Pew Forum on Religion & Public Life posts recent news articles on same-sex marriage.
• Read a June 5, 2006, Chicago Tribune story about religious liberty issues involved in the Marriage Protection Amendment.
