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CIVIL MARRIAGE
Civil marriage is the legal concept of marriage as a governmental institution irrespective of religious affiliation, in accordance with marriage laws of the jurisdiction.
In the United States same-sex couples can marry in six states: Connecticut Iowa Massachusetts New Hampshire New York Vermont and the District of Columbia
The states of New Jersey Maryland and Rhode Island do not facilitate same-sex marriages, but do recognize same-sex marriages performed in other jurisdictions. So does California in some cases. (In particular those established when the state briefly allowed same-sex marriage in 2008. )
Meanwhile
Thirty-one states have constitutional restrictions limiting marriage to one woman and one man.
A Case in Point This from a colleague in Delaware: We have domestic partnership in New Jersey and if we get married in New York or Massachusetts our marital status will NOT be recognized in Delaware. Since neither will our domestic partnership from New Jersey it looks like come January 1st we'll need have to have another Civil Union here in Delaware in order to give our thirty-four year relationship legal standing in the state where we live. But therell still be no equal protection according to the federal government. And thats because of DOMA
The so-called Defense of Marriage Act (DOMA) passed in 1996 -- prevents the federal government from offering any of the 1138 federally protected responsibilities and rights associated with marriage to those living in states providing for same-sex marriage. That list of 1138 includes:
Denial of Spousal Social Security benefits Employer-Provided Health Benefits to Domestic Partners are taxable, unlike benefits to Spouses Estate tax inequities Burial, housing and retirement for partners of members of the armed services Immigration law Family and medical leave Employee benefit for federal workers Etc, etc, etc .
[LAT | 7/20/2011]
This graph illustrates how dramatically public opinion on LGBT equality has shifted since DOMA was passed in 1996.
It would end federal discrimination against same-sex marriages with these words: For the purposes of any Federal law in which marital status is a factor, an individual shall be considered married if that individual's marriage is valid in the State where the marriage was entered into
I'd rather be right some of the time than wrong all of the time."
The California legislature passed TWO bills legalizing same-sex marriage -- one in 2005 and one in 2007. Both were vetoed by that great defender of Traditional Values: then Governor Arnold Schwarzenegger
May 2008: California Supreme Court rules the ban on same-sex marriage is unconstitutional June 2008: Same-sex marriages begin in California November 2008: Proposition 8outlawing same -sex marriage passes by a narrow margin August 2009: Judge Vaughn Walker ruled the Prop 8 ban unconstitutional
June 2011: Challenge to Judge Walkers ruling on the basis of his sexual orientation was denied by the District Court Currently: (7/2011) Were waiting for the CA Supreme Court to hear standing arguments from Prop 8 supporters --likely to happen in September. THEN ???????
This complicated Prop 8 Decision Tree [thanks to Jon Davidson at Lambda Legal] gives many if not all the possible outcomes as the case works its way through the courts.
The fact that the State authorizes a marriage in no way compels any Church to perform or recognize it. As clergy, we are entitled to refuse to perform any marriage for any reason. Roman Catholics routinely demonstrate this liberty when they refuse to perform marriages of divorced persons, even though the State allows them to do so. Orthodox Rabbis exercise the same freedom when they decline to preside at an inter-faith wedding.
One bishop has authorized the clergy in his diocese to bless the civil marriages of same-sex couples but not to solemnize them: Sisk (New York)
And one bishop has forbidden the clergy in his diocese to either bless or solemnize samesex marriages. Love (Albany)
And we will be lobbying for the approval of the resources developed by The Blessings Project to resource the whole church on the liturgical, theological, pastoral and canonical implications of blessing same-sex relationships.
Well continue to support both equal blessing and equal protection for all.