Gay marriage – News, Rearch and Analysis – The Conversatn – page 1

Contents:

• GAY MARRIAGE
• WHY GAY MARRIAGE IS SO CONTROVERSIAL AMERI
• SHOULD GAY MARRIAGE BE LEGAL?
• ARTICL ON GAY MARRIAGE

GAY MARRIAGE

Scholars and the general public beme creasgly terted the issue durg the late 20th century, a perd when attus toward homosexualy and laws regulatg homosexual behavur were liberalized, particularly wtern Europe and the Uned issue of same-sex marriage equently sparked emotnal and polil clash between supporters and opponents. Cultur that openly accepted homosexualy, of which there were many, generally had nonmaral tegori of partnership through which such bonds uld be exprsed and socially regulated. Relig and secular expectatns of marriage and sexualy Over time the historil and tradnal cultur origally rerd by the lik of Bachofen and Man slowly succumbed to the homogenizatn imposed by lonialism.

WHY GAY MARRIAGE IS SO CONTROVERSIAL AMERI

In other s, the cultural homogeney supported by the domant relign did not rult the applitn of doctre to the civic realm but may nohels have fostered a smoother seri of discsns among the cizenry: Belgium and Spa had legalized same-sex marriage, for stance, spe official opposn om their predomant relig stutn, the Roman Catholic Church. Most of the world religns have at some pots their histori opposed same-sex marriage for one or more of the followg stated reasons: homosexual acts vlate natural law or dive tentns and are therefore immoral; passag sacred texts nmn homosexual acts; and relig tradn regniz only the marriage of one man and one woman as valid.

Early Years: Same-Sex Marriage Bans In 1970, jt one year after the historic Stonewall Rts that galvanized the gay rights movement, law stunt Richard Baker and librarian Jam McConnell applied for a marriage license Gerald Nelson rejected their applitn bee they were a same-sex uple, and a trial urt upheld his cisn. ” This lg effectively blocked feral urts om lg on same-sex marriage for s, leavg the cisn solely the hands of stat, which alt blow after blow to those hopg to see gay marriage beg 1973, for stance, Maryland beme the first state to create a law that explicly f marriage as a unn between a man and woman, a belief held by many nservative relig groups. Though the gay rights movement saw some advancements the 1970s and 1980s—such as Harvey Milk beg the first openly gay man elected to public office the untry 1977—the fight for gay marriage ma ltle headway for many years.

In 1989, the San Francis Board of Supervisors passed an ordance that allowed homosexual upl and unmarried heterosexual upl to register for domtic partnerships, which granted hospal visatn rights and other years later, the District of Columbia siarly passed a new law that allowed same-sex upl to register as domtic partners.

SHOULD GAY MARRIAGE BE LEGAL?

C., 1993, the hight urt Hawaii led that a ban on same-sex marriage may vlate that state nstutn’s Equal Protectn Clse—the first time a state urt has ever ched toward makg gay marriage Hawaii Supreme Court sent the se—brought by a gay male uple and two lbian upl who were nied marriage licens 1990—back for further review to the lower First Circu Court, which 1991 origally dismissed the the state tried to prove that there was “pellg state tert” jtifyg the ban, the se would be tied up ligatn for the next three Defense of Marriage Act Opponents of gay marriage, however, did not s on their hnch.

Congrs 1996 passed the Defense of Marriage Act (DOMA), which Print Bill Clton signed to didn’t ban gay marriage outright but specified that only heterosexual upl uld be granted feral marriage benefs. That is, even if a state ma gay marriage legal, same-sex upl still wouldn’t be able to file e tax jotly, sponsor spo for immigratn benefs or receive spoal Social Secury payments, among many other act was a huge setback for the marriage equaly movement, but transient good news arose three months later: Hawaii Judge Kev S.

ARTICL ON GAY MARRIAGE

Phg for Change: Civil Unns The next saw a whirlwd of activy on the gay marriage ont, begng wh the year 2000 when Vermont beme the first state to legalize civil unns, a legal stat that provis most of the state-level benefs of years later, Massachetts beme the first state to legalize gay marriage when the Massachetts Supreme Court led that same-sex upl had the right to marry Goodridge v.

Kansas and Texas were next 2005, and 2006 saw seven more stat passg Constutnal amendments agast gay towards the end of the , gay marriage beme legal var stat, cludg Connecticut, Iowa, Vermont (the first state to approve by legislative means) and New Hampshire. Domtic Partnerships Throughout the and the begng of the next, California equently ma headl for seawg on the gay marriage state was the first to pass a domtic partnership statute 1999, and legislators tried to pass a same-sex marriage bill 2005 and 2007.

For the first time the untry’s history, voters (rather than judg or legislators) Mae, Maryland, and Washgton approved Constutnal amendments permtg same-sex marriage marriage also beme a feral issue 2010, Massachetts, the first state to legalize gay marriage, found Sectn 3 of DOMA—the part of the 1996 law that fed marriage as a unn between one man and one woman—to be unnstutnal. Wdsor, nservative Jtice Anthony Kennedy sid wh Jtic Ruth Bar Gsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan favor of same-sex marriage rights, ultimately makg gay marriage legal across the natn June this time, was still outlawed only 13 stat, and more than 20 other untri had already legalized gay marriage, startg wh the Netherlands December 2000.

Although don’t get much airtime beyond queer unterpublics, there is an adamantly left-wg, progrsive and pro-gay perspective that suggts same-sex marriage is not a necsary good.

Lbian and gay muni, and the femist muni wh which they have historilly overlapped, have long celebrated the valu of sexual diversy over the sexual nformy reprented by marriage and the ethil importance of sexual straight-talkg rather than the double-standards so equently observed marriage’s vicy. There’s a tenncy among s proponents to reprent same-sex marriage as the fal chapter the story of gay acceptance, “the last civil right” as has sometim exaggeratedly been lled. It is large part bee of femist and gay novatns livg that marriage today is creasgly unrstood not as a relig but a social relatn; characterised not by male domatn but equaly and mutualy between the sex; valued not terms of s ntractual basis but terms of s ongog ntributn to a person’s sense of well-beg; and mataed not until ath-do--part but for as long as both parti fd satisfactn .

Now this ragtag bunch might not seem as worthy of social protectn and prtige as the lovg, rg, long-term gay and lbian upl that are the shy new poster boys and girls for same-sex marriage. In April 2009, for example, Iowa’s Supreme Court led that the state’s nstutn guarante gays and lbians the right to wed; the high urt Connecticut had issued a siar lg May 2008.

Most supporters of same-sex marriage ntend that gay and lbian upl should be treated no differently than their heterosexual unterparts and that they should be able to marry like anyone else. They pot out, for stance, that homosexual upl who have been together for years often fd themselv whout the basic rights and privileg that are currently enjoyed by heterosexual upl who legally marry – om the sharg of health and pensn benefs to hospal visatn rights. Allowg gay and lbian upl to wed, they ntend, will radilly refe marriage and further weaken at a time when the stutn is already ser trouble due to high divorce rat and a signifint number of out-of-wedlock births.

The Catholic Church and many evangelil Christian groups have played a leadg role public opposn to gay marriage, while male Prottant church and other relig groups wrtle wh whether to orda gay clergy and perform same-sex weddg ceremoni.

Ined, the ordatn and marriage of gay persons has been a growg wedge between the socially liberal and nservative wgs of the Epispal, Lutheran and Prbyterian church, leadg some nservative ngregatns and even whole dc to break away om their natnal church. For stance, 2004, jt months after Massachetts beme the first state to allow gay marriage, a jot survey by the Pew Rearch Center’s Fom on Relign & Public Life and the Pew Rearch Center for the People & the Prs found that about twice as many Amerins opposed legalizg same-sex marriage (60%) as supported (29%).