Want to know more about the cause?
Here are some critical facts, dates and numbers to help answer some common questions and explain what's happened so far:
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On May 26, 2009, the supreme court of California voted to uphold Proposition 8. They also ruled that all marriages performed before the law was overturned would remain intact.
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On November 4, 2008, Californians voted on Proposition 8 that would overturn the court's decision to legalize gay marriage, defining marriage as a union between a man and a woman. It passed by a slim margin: 7,001,084 votes for, 6,401,482 against.
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On October 10, 2008, Connecticut Supreme Court ruled that gay couples have the right to marry.
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On May 15, 2008, California Supreme Court reversed a state ban on same-sex marriage on the principal that an individual's sexual orientation “does not constitute a legitimate basis upon which to deny or withhold legal rights.” The ruling goes into effect on June 17, 2008, which will allow all Californians the right to marry the partner of their choice.
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A February 2008 ruling of a New York Appeals court stated that legal same-sex marriages performed in other jurisdictions are entitled to recognition in New York. On May 14th, Governor David Paterson sent a memo to state agencies to revise policies and regulations and recognize same-sex marriages performed in California, Massachusetts as well as Canada and other countries that allow gays and lesbians to marry.
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Civil Unions/Domestic Partnerships create separate framework that is unequal to marriage and sets a precedent for the treatment of gays and lesbians as second-class citizens. Here's why they are not enough:
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Countries that allow same sex marriage:
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Countries that allow civil partnerships (for immigration and other rights):
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Marriage is recognized in these regions and cities, while not by their federal government (much like Massachusetts):
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Colombia now gives rights of partnership similar to common law marriage if a couple of legal age has cohabitated for two or more years. This is not federally enforced, but is allowed by the government, giving same-sex common-law partners access to more rights.
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1,138:
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States granting legal rights and full benefits of marriage:
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States granting state-level civil unions:
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The state of marriage in California:
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Federal Marriage Amendment (FMA) is a proposed amendment to the United States Constitution, defining marriage in the U.S. as a union between one man and one woman.
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Defense of Marriage Act: a federal law of the United States signed into law on September 21, 1996. Like the Federal Marriage Amendment, this act is designed to bar gays and lesbians from the institution of marriage, and does so in two ways:
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No state need recognize a same-sex marriage performed in another state
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The Federal Government may not recognize same-sex marriages for any purpose, even if performed by one of the states
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In May of 1993, The Supreme Court of Hawaii, after being sued by 3 gay couples, passed the Reciprocal Beneficiaries statute. However, before this was passed into law, Hawaii voted in favor of the Defense of Marriage Act, and the statute was forgotten.
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26 states currently have state laws, often under the heading DOMA (Defense of Marriage Act), limiting marriage rights to one man and one woman.
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Protections marriage enables families to grow by:
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Marriage allows spouses visitation rights in times of medical crisis, and offers protection for medical leave to care for a sick child or spouse.
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Marriage enables families to grow: Granting joint custody of children, passing on inheritances, and making medical decisions.
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Marriage brings the financial assets, incomes, benefits, and responsibilities in a committed household together.
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Marriage brings support to the survivor in the case of death of a partner. Legal arrangements at death, including funeral arrangements, passing on of property without a will, and bereavement leave are all part of spousal rights.
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Marriage entitles couples to share health and employment benefits, including tax benefits and joint filing allowances.
| Marriage | Civil Unions |
| Recognized in all 50 states. | No guarantee of recognition outside state that performs Union. |
| Eligible for filing joint income tax, on both state and federal level. | Must file federal income tax separately. May file state income tax returns jointly. |
| Gifts and property transfers between couple are unlimited, with no additional tax. | Federal taxes may be excised on property transfer and substantial gifts. |
| Marriage bestows veteran, insurance, and Social Security benefits upon the death of a spouse. | There is no allowance for the transfer of benefits to one spouse after death of another. |
| Citizens and permanent residents can sponsor a spouse and family member for immigration to the United States. | There is no provision for spousal immigration sponsorship in civil union or domestic partnership, as federal benefits are not available. |
| Automatic right to inherit all assets without a will, with no state or federal tax attached. | Inheritance not taxed at state level, all federal taxes apply. |
Belgium, Canada, Hungary, Israel, The Netherlands, South Africa, Spain, the UK
Andorra, Czech Republic, New Zealand, Norway, Portugal, Slovenia, Sweden, Switzerland, Uruguay (after Nov. 1, 2007), Luxembourg, Iceland, Germany, France, Finland
Argentina (Buenos Aires, Rio Negro), Mexico (Mexico City, Coahuila), Australia (Tasmania and Victoria as of December 1, 2007), Brazil (State of Rio Grande do Sul)
The number of rights, protections and benefits denied to same sex couples under current federal law (as of December 31, 2003)
Massachusetts (2004)
Vermont (2000), Connecticut (2005), and New Jersey (2006)
The California assembly has brought a bill proposal to make the terms of marriage in California gender-neutral, allowing full protection of marriage to same-sex couples in the state. The assembly passed the proposed bill in June 2007, the state senate passed the bill in September of 2007, and Governor Schwarzenegger vetoed the bill on October 12, 2007
Although the FMA failed to pass in its most recent voting on June 7, 2006, many representatives still support it and are fighting to have it pass.
This would be an unprecedented use of the constitution to deny rights to individuals.
This is the first time in U.S. federal history that Congress proposes to allow states such a power. Under the Full Faith and Credit clause of our Constitution, states must recognize "acts, records, and proceedings" from other states, and this Federal Amendment is in direct contradiction to this clause.
- Last Updated November 2007