Legal recognition of same-sex couples in the United States
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| Same-sex marriage |
| Performed nationwide in: |
| Belgium |
| Netherlands |
| Performed in some regions in: |
| Canada: BC, MB, NL, NS, ON, QC, SK, YT |
| United States: MA |
| Other countries and regions: |
| Australia |
| Canada: AB, NB, NT, NU, PE |
| France |
| Ireland |
| Romania |
| South Africa |
| Spain |
| United States: CA NY |
| See also |
| Civil union |
| Domestic partnership |
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The status of legal recognition of same-sex couples in the United States is a matter of intense debate. Presently legal recognition of same-sex couples has taken four forms: civil unions, marriages, reciprocal benefits, and domestic partnerships.
Forty states have passed laws or constitutional amendments banning marriages between those of the same-sex. However, only a small minority of states have laws or constitutional amendments specifically banning any legal recognition of same-sex unions in other arrangements. In 2004, Virginia passed a law nullifying private contracts between same-sex couples.
Seven states and the District of Columbia currently have established laws with provisions allowing legal recognition of same-sex unions. In Massachusetts the recognition takes the form of marriage, while in Vermont and Connecticut it is seen in civil unions, in California, New Jersey, Maine, and the District of Columbia it is present in domestic partnerships. Hawaii State offers legal recognition in the form of reciprocal benefits. In February, 2005, a New York court threw out that state's marriage laws as unconstitutional, inasmuch as they prohibited gay couples from wedding. The ruling, presently under appeal, only applies to New York City.
Public opinion on the issue generally shows most Americans opposing recognition of same-sex unions through marriages. Civil unions, reciprocal benefits, and domestic partnerships are seen in a less controversial light with Americans evenly divided.
The 2004 presidential election
In the 2004 presidential election campaign, legal recognition of same-sex unions became a major issue. Incumbent George W. Bush, the Republican Party candidate supported banning marriages between those of the same-sex on a federal level, through the Federal Marriage Amendment (FMA), while supporting state-sanctioned civil unions, reciprocal benefits, or domestic partnerships. Challenger John F. Kerry, the Democratic Party candidate took a similar position supporting the ban of marriages between same-sex couples on a state level while supporting civil unions, reciprocal benefits, and domestic partnerships. However, Kerry opposed the FMA. It should be noted that many legal scholars believe that the FMA would render civil unions unconstitutional as well.
The position of President George W. Bush conflicts with that of his political party. During the 2004 Republican National Convention GOP platform called for a ban on all forms of legal recognition of same-sex unions. President George W. Bush has called that specific part of the party platform “wrong.” After his re-election President Bush indicated to the Washington Times that he would no longer lobby for the Federal Marriage Amendment to the federal Constitution banning marriages between same-sex couples unless the Defense of Marriage Act were ruled unconstitutional.
Strong opposition to gay marriage was a major factor in helping Bush get re-elected, especially since Kerry was from Massachusetts, the state where gay marriage had just been legalized. Several states passed constitutional amendments against gay marriage on election day, most notably Ohio, which was the deciding state in the presidential race. The gay marriage issue probably either swung enough undecided voters in favor of Bush to secure his victory, or enhanced turnout among conservative voters who were encouraged to go to the polls to vote against gay marriage. When they did so, they also cast a vote for Bush.
See Also
- Same-sex marriage in the United States -- a far more comprehensive article