The Geography of Same-Sex Marriage

by E. Ross

UPDATE: On June 11, the Norwegian Parliament passed a bill that allows same-sex couples to marry, making Norway the sixth country in the world to approve same-sex marriages!

Remember those geography lessons where you filled in information about states and countries on an outline map? Well, get out a new map for the current round in the fight for same-sex marriage.

The chain reaction of change and backlash came fast and furious these past few weeks.

On May 15, the California Supreme Court ruled that gays and lesbians have a constitutional right to marry. In 2005 and again in 2006, the state legislature had voted to legalize same-sex marriage, but the Republican Gov. Arnold Schwarzenegger vetoed the measures.

Same-sex marriage is legal in Canada, Spain, South Africa, The Netherlands, and Belgium. Same-sex civil unions or partnerships are legal in New Zealand, Uruguay, and fourteen European countries, including France, Germany, and the UK.

Vermont, Connecticut, New Jersey, and New Hampshire offer civil unions with many of the rights and responsibilities of marriage. Oregon's domestic partnerships also include a broad set of protections, while partnerships in Maine, Hawaii, Washington, and the District of Columbia offer limited protections for same-sex couples.

A case is pending in the Connecticut Supreme Court on whether civil unions fall short of fulfilling the equal rights of same-sex couples.

Massachusetts allows state residents to marry, but only allows an out-of-state same-sex couple to marry in Massachusetts if the marriage is legal in the couple's home state. 

On May 29, New York Gov. David Paterson told state agencies to recognize same-sex marriages performed in Massachusetts, Canada and other places where they are legal. Although same-sex couples cannot get married in New York, the state respects all legal out-of-state marriages. Ditto in Rhode Island and New Mexico, although this has not been tested in New Mexico.

On May 30, Talis J. Colberg, the Attorney General of Alaska, joined several conservative anti-gay groups and the Attorneys General of Colorado, Florida, Idaho, Michigan, Nebraska, New Hampshire, South Carolina, South Dakota, and Utah in urging the California Supreme Court to delay its ruling to legalize same-sex marriage in California.

On May 31, Attorney General Kelly Ayotte announced that New Hampshire was withdrawing from the request and will recognize a legal gay marriage from California as a civil union.

On June 2, an initiative that would outlaw gay marriage in California qualified for the November 4 ballot. It was funded by an evangelical billionaire from Orange County and a Colorado-based anti-gay group, Focus on the Family. It would overturn the May 15 ruling that legalizes same-sex marriage in California.

Nine states, including Alaska, have amendments that define marriage as a union between a man and a woman. Seventeen states, including Michigan, have constitutional amendments that prohibit any type of same-sex spousal rights. The amendments in South Dakota and Nebraska specifically prohibit civil unions and domestic partnerships.

The Michigan Supreme Court recently ruled that their broadly worded amendment prohibits public universities, state agencies and local governments from offering health insurance to partners of gay and lesbian state employees. The Alaska Supreme Court had ruled that the narrower ban requires the state to provide equal partner benefits to gay and lesbian employees.

The Iowa Supreme Court is considering whether the state's legislative ban on same-sex marriage violates equal rights protections in the state constitution.

On June 3, the Alliance Defense Fund, a Christian legal group based in Arizona, filed a lawsuit to stop the state of New York from recognizing same-sex marriages legally performed in Massachusetts, Canada and possibly California.

On June 4, California's highest court refused to delay its decision to legalize same-sex marriage, clearing the final hurdle for the nation's most populous state to start marrying gay and lesbian couples on June 17. (AP)

Same-sex couples around the country have four and a half months to get legally married in California, before the California voters decide whether to stop or to continue offering same-sex marriages.

Florida will also vote on an amendment to ban gay marriage. In West Virginia, a group of Republican legislators asked the Governor to place same-sex marriage on the agenda if a special session is called, so they can start the process of a constitutional amendment to ban the marriages.

The Alaska state legislature began a special session this week to discuss the gas pipeline. Raise your hand if you think a ban on the recognition of same-sex marriages will be discussed.

That's where same-sex marriage stands today. Keep those maps on hand and stay tuned for future updates. 

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