Gay Marriage

In 1996, then President Bill Clinton, signed the Defense of Marriage Act. This Act states two things, first it provides that no State shall be required to give effect to a law of any other State with respect to a same-sex "marriage." Second, it defines the words "marriage" and "spouse" for purposes of Federal Law (DOMA, H.R. 3396).

On May 21, 2003 Mrs. Marilyn Musgrave U.S. Representative of Colorado, along with five others introduced a joint resolution to the House, which was, referred it to the Committee on the Judiciary. This resolution is for an addition to the US Constitution. The resolution states that "Section 1. Marriage is the United States shall consist only of the union of a man and a woman. Neither this Constitution or the constitution of any State, nor state or federal law, shall be constructed to require that marital status or the legal incidents thereof be conferred upon unmarried couples or groups" (Federal Marriage Amendment H.J. Res. 56). What does this mean? This is an attempt to have the Constitution of the United States amended to make it illegal for gays and lesbians to marry. There are two ways to propose an amendment to the Constitution. One way is for proposed Amendment to pass with two-thirds vote in both the Senate and House of Representatives. The second way if for a Constitutional Convention to be called by two-thirds of the state legislators. If either of these pass then comes step two of the process. To Ratify Amendments

Ð'* Three-fourths of the state legislatures approve it, OR

Ð'* Ratifying conventions in three-fourths of the states approve it. This method was used only once -- to ratify the 21st Amendment (repealing Prohibition).

Once an amendment is proposed, there is a seven-year period in which it has to pass. This is the reasonable time that Congress set for passing of an amendment. A lot can happen in seven years. This process makes it necessary for the states to decide if they want to live under this new amendment. Proposing a new amendment like this takes time. It is also a big step for the US. If we amend the Constitution, we are saying that only men and women will be recognized as a legal couple.

Other countries have begun to recognized gay marriage. In December of 2004, the Canadian Supreme Court ruled that same-sex marriages are constitutional (Marech, San Francisco Chronicle). Legislators in the House of Commons asked the Supreme Court to advise them on same sex marriages. Parliament drafted a legislation that would make same sex marriage legal in all providences and territories (Marech, San Francisco Chronicle). So far in the United States Massachusetts, is the only state in the US to recognized gay marriage.

In San Francisco California, on February 12 2004 Mayor Gavin Newson decided that to deny marriage licenses to same sex couples was discriminatory. On March 11, 2004, the California Supreme Court ordered San Francisco to stop issuing marriage licenses. The court ruled in August that the more than 4000 marriages preformed in San Francisco were not valid. Beginning in January of 2005 gay and lesbian couples can register as domestic partners in California (Belge, The United States).

Multnomah County Oregon, which includes Portland, had begun issuing same sex marriage licenses on March 3, 2004. The chairwoman of the Multnomah County Board of Commissioners ordered the county to begin issuing marriage licenses to same-sex couples (CNN.com). On April 20, 2004, a judge ordered the county to stop issuing marriage licenses to gays until the State Legislature rules on the matter. The Oregon Supreme Court nullified 3000 marriages in April 2005(Belge, The United States).

What is the difference between a marriage and a civil union? Well a marriage is recognized in any state and in most all countries. With a marriage comes benefits and security for the spouse. Marriage establishes a legal kinship that is recognized in every religion and country. With this kinship, the spouse will receive, if the need comes up, the sponsorship of the spouse for immigration into the US. In a marriage, you can file your taxes jointly and receive any tax breaks a joint return gives. One of the most important benefits of being married comes if your spouse ever gets hurt. Once you step in the hospital and announce that you are the spouse you will be taken to the other and treated differently than if you were to say you were the partner and not the spouse. Most employers won't give insurance to a "partner". In a civil union, you will not have all the things mentioned above. You can try getting them by going through a lawyer, but then you would be out of thousands of dollars. When if you were legally married, you get then for the price of a license. Also with trying to go through a lawyer, any decision obtained this way can be challenged in a court if one dies. With a marriage, if you are the legal spouse, then there isn't much someone else can say (Belge, Difference between Marriage and Civil Union).

In the Constitution of The United States Article 4, section 1. Says that full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state (US Constitution). This means that if California recognizes Amy and Tammy as being married, Florida has to as well. President George Bush says that those who want to change the meaning of marriage will claim that this provision requires all states and cities to recognize same-sex marriages preformed anywhere in America. In this same speech given on 2-24-2004, the President says that his administration will vigorously defend the Defense of Marriage Act passed by Congress. He fells that DOMA can be struck down by activist courts, and this is why he wants to amend the Constitution to make DOMA an official part of our Constitution (Bush). He wanted Congress to promptly pass, and send to the states for ratification, an amendment to our Constitution defining and protecting marriage as a union of man and woman (Bush). Our book says that there are many conservatives who oppose any steps taken towards legalizing gay marriages, because the traditional ideal of marriage in the US has always been between a man and a woman ( Macionis 189). Therefore, with the president pushing for an amendment and people trying like