Background

Depending on where you live in the world, if you attempt to unite with someone of the same sex under the law you may have a swift and easy process, or you could be put to death.

Up to the States?

In the US, the federal government traditionally had not meddled in marriage law. If it was okay with a state's government, it was okay with the federal government. That is, until 1996; with the passage of the Defense of Marriage Act (DOMA), in which the federal government defined marriage as being between one man and one woman. Despite the federal oversight, states are still allowed to define marriage as they see fit. With DOMA, states are not obligated to recognize same-sex unions performed in other states, however, despite the Full Faith and Credit Clause, (Article IV, Section 1 of the US Constitution) which states that each of the 50 US states must respect and enforce the judicial rulings of other states.

Since 2004, Massachusetts has legally recognized same sex marriages. In August 2007, a ruling made by Polk County Judge Robert Hanson ruled the 1998 Defense of Marriage Act for the state as unconstitutional to due process and equal protection of rights, allowing a loophole for gay marriage applications to be temporarily accepted in Polk County. Shortly afterward the ruling was put on hold, awaiting a ruling of an appeal to the Iowa Supreme Court (Source: ). Beginning in 2008, Connecticut, Vermont, New Jersey, California, and New Hampshire will recognize legal unions that, while not called marriages, nonetheless carry the same benefits of a heterosexual marriage. Similarly, Maine, Hawaii, the District of Columbia, and Oregon will recognize civil unions that vary slightly from a legal marriage. 26 other states, though, have constitutional bans against any such civil unions, highlighting the disparity of opinions throughout the nation.

How The World Views Gay Marriage

Or Up to the Federal Government?

Be it for religious beliefs against them, or civil liberties in favor of them, the gay marriage debate continues to rage on. In 2006, opponents of gay marriage attempted to amend the US Constitution with the Federal Marriage Amendment, seeking to restrict marriage to a man and woman. The Amendment was approved by the Republican-controlled Senate Judiciary Committee with full Republican support, was debated in full Senate and was ultimately defeated in both Houses of Congress. Questions abound: how far can a government of the people and for the people go in such matters and when has that government lost it's jurisdiction? Such questions remain to be answered.

Gay Marriage or Civil Unions?

Inherent in the gay marriage debate is the controversy regarding the nomenclature surrounding the issue. "Marriage" connotes, to many people, a religious union between a man and woman. As such, civil unions are seen by some to be a compromise in this issue, as they confer the same benefits as marriage but do not utilize the term "marriage." However, among gay and lesbian social and political organizations, civil unions have often been criticized as "separate but equal" treatment, alluding back to the days of segregation in which African-Americans were provided "equal" facilities or services as long as they were not the same ones used by Whites.

Notably, while the public is still undecided (or in many places against) gay marriage, civil unions are often favored. Similarly, some of the 2008 presidential candidates such as Barrack Obama and Hillary Clinton endorse civil unions, but not gay marriage.

Debate

Country Comparison

• Great Britain
  

  Great Britian effectively legalised same-sex civil unions when the High Court announced in 2006 that same-gender marriages could be recognized as civil unions.

• Spain
  

  Same-sex marriage was legalised in Spain in 2005

• Saudi Arabia
  

  Homosexuality is treated as a serious crime in Saudi Arabia.

Recent Developments

Spain legalized same-sex marriage in 2005, and Britain legalized same-sex civil unions in 2006.

In 2008 the California Supreme Court ruled that outlawing same-sex marriage was unconstitutional, after it was banned by popular vote in 2000. In November 2008, however, Proposition 8 passed in California, outlawing same-sex marriage in the state.

Currently same-sex marriage is legal in Massachusetts and Conneticut. Same-gender Civil Unions are legal in Vermont, Connecticut, New Jersey and New Hampshire. Same-gender 'domestic partnerships' are legal in California, Maine, Oregon, Washington, the District of Columbia and Hawaii.

Additional Information

Does any government have the right to regulate same-sex, same-race, same-religion, or same-hair-color marriage? What about Clairol? And what's the diff?