Gay Marriage

The movement to open civil marriage to same-sex couples achieved its first temporary success in 1993 with the decision of the Hawaii Supreme Court that the restriction of marriage to opposite-sex couples would be presumed unconstitutional unless the state could demonstrate that it furthered a compelling state interest. In response to this decision the state constitution was amended to allow the legislature to preserve that restriction. A similar court decision in Alaska in 1998 led to an even stronger constitutional amendment, itself defining marriage as between one man and one woman. In further reaction to the Hawaii case, the federal Defense of Marriage Act (1996) provided that no state would be required to recognize a same-sex marriage from another state, and also defined marriage for federal-law purposes as opposite-sex. The majority of the states also passed their own "marriage protection acts." (In November 2004, eleven more U.S. states amended their constitutions to prohibit same-sex marriage.).

In Vermont, after that state's Supreme Court held in 1999 that the state must extend to same- sex couples the same benefits that married couples receive, the legislature in 2000 created the status of "civil union" to fulfill that mandate. Connecticut adopted a similar civil union law in 2005.

"In 2001, the Netherlands became the first country to open civil marriage to same-sex couples. (Belgium became the second in 2003.) In 2002 through 2004, courts in six Canadian provinces held that the opposite-sex definition of marriage was contrary to Canada's Charter of Rights, and in 2005 federal legislation extended same-sex marriage to all of Canada. Same-sex marriage was also legalized in Spain in 2005 by statute and in South Africa on December 1st 2005 by court decision (with effect delayed for twelve months to allow for legislative action)." (http://law-library.rutgers.edu/SSM.html)

"In November 2003, the Massachusetts Supreme Judicial Court held that excluding same-sex couples from the benefits of civil marriage violated the state constitution, and in February 2004 that court further held that a "civil union" law would not be sufficient, and on May 17, 2004 Massachusetts became the first state in the United States where same-sex marriage is legal. A constitutional amendment to reverse the Supreme Judicial Court's decision has been given initial approval by the legislature. The soonest it could be voted on by the people is November 2006." (http://law-library.rutgers.edu/SSM.html)

"In terms of numbers alone, a need exists. An estimated 10 percent of the population - about 25 million Americans - is exclusively or predominantly homosexual in sexual orientation; and upwards of 50 percent of the men and about 70 percent of the women are in long term, committed relationships." (Textbook)

More process was made when the restriction was lifted during April of 2001, when Holland expanded its definition of marriage to include both opposite-sex and same sex couples. Belgium followed suit during January of 2003. Next came Ontario, a province in Canada in June of 2003. By November of 2004, same-sex marriage had become available in most Canadian provinces (British Columbia, Manitoba, Nova Scotia, Newfoundland, Ontario, Quebec & Saskatchewan) and in one territory (Yukon). Over 82% of Canadian same-sex couples were able to marry in their own province. When federal law C-38 was signed into law on July 20th 2005, SSM theoretically became available across all of Canada. However Prince Edward Island ignored the civil rights of same-sex couples, and refused to issue marriage licenses to them for almost a month.

"Spain passed a law allowing same-sex couples to marry on June 29th 2005." (http://www.religioustolerance.org/hom_marr.htm)

"Some political jurisdictions have special legislation that allows gay and lesbian couples to register their committed relationship and gain some benefits; however, they do not