Legislation and Reform
The United States is divided in that there is not a blanket law that governs gay marriage as a whole. While the United States’ Federal Government has passed controversial laws regarding what constitutes a marriage, for example through its Defense of Marriage Act (DOMA) in 1996, the system is such that while the Federal Government itself does not recognize gay marriage, individual states have the ability to pass legislation prohibiting, or recognizing, gay marriage for themselves. The legalization of gay marriage became a prominent political issue in the 1990s, and has remained a controversial and touchy point in political discussion today.
State Laws
In many individual states, gay marriage is on the agenda. Gay marriages were first considered legal in Massachusetts in 2003. Since then, Connecticut, Iowa, and Vermont have followed suit and now permit and recognize same-sex marriage. In New Hampshire, gay marriage will be fully legal on January 1, 2010—the legislation has already been passed. Maine is in an interesting situation—voters will decide whether to repeal a law that permits same-sex marriage in November. At this point, many experts are saying that it is too close to call, though some are claiming victory already. This month, in Washington DC, a bill was introduced that would legalize same-sex marriage. While most people believe that the bill will become law, DC provides a different kind of lawmaking—Congress gets the chance to override any DC laws. The city currently recognizes same-sex marriages, as does New York, Rhode Island, and California. In California, gay marriage was legal from June 16, 2008, to November 4, 2008, until constituents voted on Proposition 8, and the gay marriage laws were repealed.
An Interactive Map of State Laws
An Article on Washington, DC's Vote
An Article on Maine's Upcoming Vote
Federal Laws
In addition to the varied laws governing each state, there are also Federal Laws and guidelines that pertain to marriage between same-sex couples. The Defense of Marriage Act, passed on September 21, 1996, limits the definition of marriage to a union between a man and a woman, specifically. Its origin lies in fears that Hawaii would legalize same-sex marriage if a bill was not passed. The law itself has two main parts; first, that no state is required to recognize gay marriages, even if they are legal in another state; and secondly, that marriage itself is limited to a man and a woman joining together. Though the law passed with a sweeping majority, in September of this year, Congressman Jerrod Nadler, New York, proposed a Respect for Marriage Act to counteract the Defense of Marriage Act. The bill, which now sits with the House Judiciary Committee, would permit the Federal Government to grant benefits and rights to same-sex married couples. In 2006, the Federal Marriage Amendment, which would have prohibited states from recognizing same-sex marriages, was approved by the Senate Judiciary Committee, but was voted down in Congress.
An International List of Laws
Gay Adoption
Gay Adoption laws, similar to gay marriage laws, can vary state by state. Some states do not allow adoption by unmarried couples in general, so that may prohibit gay couples from adopting if their marriage is not recognized within the state; this is the case in Utah. Many states have laws prohibiting or at least inhibiting adoption by a same-sex couple, or even by LGBT individuals. Here are a few examples, the most notable of which is in Florida, where gay or lesbian individuals are not allowed to adopt at all. Nebraska, whose state constitution defines married couples as male and female only, does not permit adoption by gay individuals or couples. Mississippi legislation does not allow same sex couples to adopt, much like Arkansas’ laws.
A U.S. map showing gay adoption laws
Discussion Questions:
If Maine and/or Washington, DC pass laws legalizing gay marriage, do you think it may be likely that other states will follow? Why or why not?
Given the current political climate, what are some reasons for and against the passage of the Respect for Marriage Act?
What, in your opinion, makes the US hesitant or unwilling to pass gay marriage laws when many other developed countries, such as Belgium, Canada, Denmark, Finland, France, Germany, Iceland, Spain, Switzerland and the United Kingdom, have laws that grant rights to same-sex married couples?
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