Today The State of California upheld it’s ban on same-sex marriage making gay marriage illegal again in California. Until the issue is brought back to the courts and the decision has been changed there will be no future same-sex marriages in California. However, the 18,000 gay marriages that took place between May and November of 2008 will still be recognized as marriages. California does allow domestic partnerships (civil unions). While civil unions are a very progressive step forward, they are not equal to marriage.
Differences from Marriage
While domestic partners receive most of the benefits of marriage, several differences remain. These differences include, in part:
- Couples seeking domestic partnership must already share a residence, married couples may be married without living together.
- Couples seeking domestic partnership must be 18 or older, minors can be married before the age of 18 with the consent of their parents.
- California permits married couples the option of confidential marriage, there is no equivalent institution for domestic partnerships. In confidential marriages, no witnesses are required and the marriage license is not a matter of public record.
- Married partners of state employees are eligible for the CalPERS long-term care insurance plan, domestic partners are not.
- There is, at least according to one appellate ruling, no equivalent of the Putative Spouse Doctrine for domestic partnerships. [3]
In addition to these differences specific to state law, should the Defense of Marriage Act be found unconstitutional or repealed, married persons in California might enjoy all the federal benefits of marriage, including Constitutionally-required recognition of their relationships as marriages in the rest of the United States under the Full Faith and Credit Clause. [4][dubious – discuss]
In addition to these differences specific to the United States, some countries that recognize same-sex marriages performed in California as valid in their own country, (e.g., Israel [5]), do not recognize same-sex domestic partnerships performed in California.
Many supporters of same-sex marriage also argue that the use of the word marriage itself constitutes a significant social difference,[citation needed] and in the majority opinion of In Re Marriage Cases, the California Supreme Court agreed, [4] suggesting an analogy with a hypothetical that branded interracial marriages “transracial unions”.
Domestic partnership in California > Differences from Marriage (Wikipedia)
I know it’s been a while since I have wrote here. A long time, actually. But I felt as though I needed to say something about this today. I cannot let today pass by without saying anything. Getting back into the saddle is quite difficult when you haven’t done it in over a year! I’ve struggled all afternoon with trying to figure out the angle for this article. Then it hit me! The slogan for your blog is: “Bringing The World Out Of Its Atrophied State.” Talk to those people who are in atrophy. Talk to those who don’t understand why this is such an important issue. Don’t preach to the choir (although the choir does need to sing louder, as usual). I want to present to you four reasons in which gay marriage needs to be recognized at the federal level. But first, I want you to watch this video. It has the wonderful Calpernia Addams in it! She’s the first female in the video, the veteran.
(1) Marriage in all 50 states: During the 2008 Presidential campaign (and many others) you heard this phrase quite often: “Marriage should be left to the states to decide.” In my opinion that is just a way for politicians to save themselves from losing votes. They don’t want to talk about it because they will lose votes. Clinton and Obama said that they favored civil unions but not gay marriage. While civil unions at the federal level would be a step forward it’s still not equal. There would still be a distinction between heterosexual couples and gay couples. Regardless of whether there are no differences in rights given to marriages and civil unions, they would not be equal. Even if it’s just the difference in the name. It’s not equal! Separate but equal doesn’t work!
If marriage is left up to the states, as it is now, there will be inequality from state to state, as there is now. Between the states that do allow civil unions or gay marriages, the rights given to those unions are not the same in every state. They may just be minor differences, but, they’re still not 100% equal across the board.
Speaking of across the board there is also the matter of marriages not being recognized from state to state. Why is this a big deal? Let me throw out a hypothetical example (although I am sure this has happened somewhere). Let’s say that you live in a state that allows same-sex couples to marry. You or your partner get a job offer in another state that doesn’t allow same-sex marriage. The position has a higher salary, advancement opportunities and better benefits. You’re forced to decide whether living in a state with equality is more important than your financial well-being. You shouldn’t have to make this decision.
Moving to another state that doesn’t allow same-sex marriage might possibly jeopardize the assets that you and your partner have accumulated if one of you die. Which brings me to another point. If you’re in a state that doesn’t recognize same-sex marriages from another state you might not even be allowed to be beside the bed of your dying partner. The assets of your deceased partner may go to the next of kin, not you.
You may not even be moving to another state. You may just be on a vacation. If something happens to you or your partner you may not even have the right to be with each other overnight in the hospital room. This is further complicated if you and your partner have children (adopted or biological). If the one in the hospital is not the biological parent, the children may not even be allowed to visit.
Of course this is a hypothetical situation and there are legal ways to keep many of the instances in which I have discussed here from happening. However, it’s always going to be a hassle. You may not have the time to get your legal representative on the phone or have documentation sent to your location. In some cases I’m sure you could show a million documents and it wouldn’t matter.
(2) Ending Don’t Ask, Don’t Tell: You may think that gay marriage and DADT are separate issues, they’re not. It’s all about equality and giving every citizen equal rights.
Don’t ask, don’t tell is the common term for the policy about homosexuality in the U.S. military mandated by federal law Pub.L. 103-160 (10 U.S.C. § 654). Unless one of the exceptions from 10 U.S.C. § 654(b) applies, the policy prohibits anyone who “demonstrate(s) a propensity or intent to engage in homosexual acts” from serving in the armed forces of the United States, because it “would create an unacceptable risk to the high standards of morale, good order and discipline, and unit cohesion that are the essence of military capability.” The act prohibits any homosexual or bisexual person from disclosing his or her sexual orientation or from speaking about any homosexual relationships, including marriages or other familial attributes, while serving in the United States armed forces. The “don’t ask” part of the policy indicates that superiors should not initiate investigation of a service member’s orientation in the absence of disallowed behaviors, though mere suspicion of homosexual behavior can cause an investigation.
I hate war. I hate that we have to have a military. I can’t stand the thought of us occupying other countries. I tear up every time someone mentions that they are thinking about joining the military. It’s definitely not something that I could ever do myself. But I know that the military is a necessary evil and I do respect those women and men who do serve in our armed forces. However, gay soldiers are oppressed. They can die for their country but they can only do so from inside the closet. President Obama has said that he wants to overturn DADT but he doesn’t seem in hurry to do it anytime soon. So much for change!
Gay marriage, even if it’s just in California, would help with ending DADT. The more states that allow same-sex marriages will put pressure on those who can end DADT. It will help strengthen the cause and potentially show some of these politicians that if they continue to implement it they will not be re-elected.
If someone is willing to sacrifice their life to help protect me, I don’t care if they’re gay, straight, bisexual, transgender, black, blue, green, whatever! I will respect and honor them all just the same. Anyone who would not respect someone who is serving their country because of sexual orientation is not a true patriot.
(3) Progressing forward: Getting gay marriage in all fifty states is only one hurdle. There are so many more obstacles to overcome. We have a LONG way to go especially since our politicians seem to think that gay marriage should be left up to the states. Our transgendered brothers and sisters out there need equal rights as well. Every state that we can get to allow gay marriage is a step in the right direction. It will put us one step closer to equality.
I get so angry when I think about this because it’s 2009! We should be so much further along by now! There are kids all over this country who are being bullied and even murdered at school because of their sexual orientation. While gay marriage will not bring about world peace, it will help move us forward. It will make gay lifestyles more acceptable and less of an issue.
(4) Global image: Isn’t the United States of America suppose to be a superpower? Yet, we’re scared of allowing gay people to serve openly in the military? We’re scared of allowing gay people to get married and increase marriage revenue? Wow! We’re one big (I mean no offense, apologies in advance) sissified nation!
It’s just a hunch, but, wouldn’t allowing those two things mentioned above make our global image more appealing? As it stands right now we’re still trying to recover from Dick Cheney and water boarding being the face of our country.
If America wants to be the leader in this world, we’re going to have to step up. There are plenty of other countries who have beat us on both of these issues. We’re lagging behind. WAY behind!
“In the early 1970s, I was living with my boyfriend and our out-of wedlock arrangement was regarded as rather scandalous by both of our families. When I went to a wedding ceremony of a lesbian friend of mine, I was struck by the obvious irony. Here were two women who could not be legally wed, but who were happily celebrating their commitment to each other. They seemed to have a better understanding of the importance of ceremony, ritual, public declaration than people like me who tossed off the institution of marriage as unnecessary.” — Reagan daughter Patti Davis
I know writing this article won’t change some bigot’s mind. But I do hope it makes you understand why we need to discuss this issue more. I hope it helps you to understand that this is a political matter and that is why you need to pay attention to politics. If nothing else this article is a journal entry for the day. Thanks for reading!