Background

• The Defense of Marriage Act was introduced into the House of Representatives in May of 1966 by Representative Bob Barr, of Georgia, which Amended the Federal judicial code to provide that no State, territory, or possession of the United States or Indian tribe shall be required to give effect to any marriage between persons of the same sex under the laws of any other such jurisdiction or to any right or claim arising from such relationship.

The Act establishes a Federal definition of:

• "marriage" as only a legal union between one man and one woman as husband and wife.
• "spouse" as only a person of the opposite sex who is a husband or wife.

The Bill was signed by President Bill Clinton in August of 1996 and became law. (Source: Library of Congress)

• Currently, 27 states have adopted marriage amendments.
• Only 5 states have neither a statute nor a constitutional provision prohibiting same-sex "marriage": Massachusetts, New Jersey, New Mexico, New York and Rhode Island.
• Massachusetts is the only state that has legalized same-sex "marriage," as a result of the 2003 Goodridge ruling by the Supreme Judicial Court.
• New York's high court, the Court of Appeals, ruled in 2006 in Hernandez v. Robles that despite the lack of an explicit definition of marriage in New York, only the union of a man and a woman is a legal marriage, and this limitation is constitutional. (Source: ADF)

Debate

Country Comparison

• Canada, The Netherlands, Belgium and Spain
  

  Same-sex couples have already been granted the right to marry in Canada, the Netherlands, Belgium, and Spain. Each of these four countries has concluded an income tax treaty with the United States. (Source: Anthony C. Infanti, University of Pittsburgh School of Law)

• Norway and South Africa
  

  Same-sex couples have already been granted the right to marry in Norway and South Africa.

• The Territory of Puerto Rico
  

  The territory of Puerto Rico ratified a similar statute in 1998 and are beginning to offer legal recognition to same-sex couples, whether in the form of marriage or as civil unions or domestic partnerships.

• Australia
  

  Australia bans recognition of same-sex marriage, but the current federal Australian Labor Party government favors synchronized state and territory registered partnership legislation (as in Tasmania) although the Australian Capital Territory favors the introduction of civil unions with official ceremonies.

• New Zealand
  

  New Zealand's Marriage Act 1955 still recognizes only opposite-sex couples as marriageable (although it has also included transsexuals who have undergone reassignment surgery as the 'opposite sex' for these purposes, since Family Court and High Court of New Zealand decisions in 1995.

• Israel
  

  Israel's High Court of Justice ruled to recognize same-sex marriages performed in other countries, although it is still illegal to perform them within the country. A bill was raised in Knesset to rescind the Israeli High Court's ruling, but the Knesset has not advanced the bill since December 2006. (This makes the practice of same-sex marriage, as far as Israel is concerned, like the performance of a Reform or Conservative Jewish wedding.) (Source: Wiki)

Recent Developments

Victories for Same Sex Marriage

• Since the beginning of July, 2007 there have been nine victories for same sex marriage within the U.S. (Source: ADF)

Currently there are twelve cases before Circuit Courts of Litigation. (Source: ADF)

Additional Information

Headlines:

• 29 May 08 - New York to recognize out-of-state gay marriage
• 22 May 08 TV show host grills McCain on same-sex unions