Monday, June 27, 2011

Equality for some

If you are gay in America, this is the current patchwork of what marital law looks like. 
You might be able to lawfully wed in one state, but not have it legally recognized in another state. 
Actually, it is even more complicated then that....




Laws regarding same-sex partnerships in the United States
  Same-sex marriage1
  Unions granting rights similar to marriage1,2
  Legislation granting limited/enumerated rights1
  Same-sex marriages performed elsewhere recognized1
  No specific prohibition or recognition of same-sex marriages or unions
  Statute bans same-sex marriage
  Constitution bans same-sex marriage
  Constitution bans same-sex marriage and some or all other kinds of same-sex unions

1May include recent laws or court decisions which have created legal recognition of same-sex relationships, but which have not entered into effect yet.
2Same-sex marriage laws in California are complicated; please see the article on same-sex marriage in California.



If that's confusing, simply refer to this State by State chart:





StateMarriageSame-sex unionsNotes
DefinedResultCivil UnionsDomestic
Partnership
ConstitutionStatuteLicensesRecogn.Def.StatusDef.Status
Flag of Alabama.svg AlabamaYesYesBannedBannedNoNone
Flag of Alaska.svg AlaskaYesYesBannedNoNoneNoNonePetitions are made to start a ban ballot on civil unions too.
Flag of Arizona.svg ArizonaYesYesBannedNoNoneNoNone
Flag of Arkansas.svg ArkansasYesYesBannedBannedNoNone
Flag of California.svg CaliforniaYesYes (°)Banned
Ban upheld by California Supreme Court.[3]
Ban overturned by theDistrict Court for Northern California, ruling stayed pending appeal.
Yes; ConditionalNoNoneNoYesMain article:Same-sex marriage in California
Originally granting only hospital visitation rights, the scope of domestic partnerships was gradually expanded over a three-year period. Taking effect on January 1, 2005, A.B. 205 extended to domestic partnerships virtually all the legal rights and responsibilities of marriage in California. Thus, domestic partnership in California has been effectively transformed into a civil union status.
Flag of Colorado.svg ColoradoYesYesBannedNoFailed (Still Proposed)YesOn November 2006 ballot, Colorado banned marriage but rejected areferendum to allow a "civil union"-likedomestic partnership, sustained by aconstitutional amendment. See also this table
Flag of Connecticut.svg ConnecticutNoNoLegal* by
Supreme
Court
decision, then by legislation.
YesExpires on 1 October 2010Expires on 1 October 2010NoneNoneMain article:
Same-sex marriage in Connecticut

Connecticut allows full civil marriage licences to same-sex couples. Civil unions expire from 1 October 2010.
Flag of Delaware.svg DelawareNoYesNot legalNot legalAs Civil Unions Effective 6/1/11Yes (Effective 1/1/2012)NoNone
Flag of Washington, D.C..svg District of ColumbiaNoNoLegalYesNoNoneNoLegal*Main article: Same-sex marriage in the District of Columbia
Domestic partnerships were enacted in 1992; implemented from 2002 and then expanded from 2003 to 2009. Same-sex marriages were legalized on December 18, 2009 and marriages began on March 9, 2010.
Flag of Florida.svg FloridaYesYesBannedBannedNoNone
Flag of Georgia (U.S. state).svg GeorgiaYesYesBannedBannedNoNone
Flag of Hawaii.svg HawaiiYesYesBan
permitted
Not legal.
As Civil Union Effective 1/1/12YesNone
(Effective 1/1/12)
NoLegal*Minimal benefits, available to all adults, including relatives; official terminology isreciprocal beneficiary relationship*.[2]
Civil Union Bill 2010 has been approved in the 2010 Senate, vote pending in the Hawaii House Committee.
Flag of Idaho.svg IdahoYesYesBannedBannedNoNone
Flag of Illinois.svg IllinoisNoYesNot legalAs Civil Unions Effective 6/1/11NoYesEffective 6/1/11NoNonePetitions are made to start a ban ballot. Marriage or civil union proposition, heading rather to civil unions.
Flag of Indiana.svg IndianaNoYesNot legalNot legalNoNoneNoNoneLegislative initiative to start a ban ballot.
Flag of Iowa.svg IowaNoNoLegal* by
Supreme
Court
decision
YesNoNoneNoNoneMain article:
Same-sex marriage in Iowa

In August 2007, Polk County judge ruled Iowa's statutory ban on same-sex marriage was unconstitutional, but ruling was quickly stayed and appealed. On appeal, the Iowa Supreme Court upheld the Polk County ruling in the case of Varnum v. Brien.
Legislative initiative to begin constitutionalban ballot process was unsuccessful in 2009. Republicans in opposition vow to push the issue in 2010 legislative session.
Flag of Kansas.svg KansasYesYesBannedBannedUncertain
Flag of Kentucky.svg KentuckyYesYesBannedBannedNoNone
Flag of Louisiana.svg LouisianaYesYesBannedBannedNoNone
Flag of Maine.svg MaineNo (but proposed byRepublicans)Banned by statute since 1997 and was rejected by "the people's veto" in 2009.No (rejected by "the people's veto" in 2009)No (rejected by "the people's veto"in 2009)NoNoneYes (both opposite sex and same sex)Legal*Main article:
Domestic partnership in Maine

The Maine Domestic Partnership Act came into effect on July 30, 2004.[1]
Same-sex couple who married elsewhere may register their marriage as a domestic partnership. The "people's veto" won by 52.9 percent in November 2009.
Flag of Maryland.svg MarylandNoYesNot legal* Same-Sex Marriage Postponed until 2012Not legalNoNoneFew rights, unregistered domestic partnerships provide certain limited legal rights - just like Wisconsin, Hawaii and Colorado.Legal*Main article:
Same-sex marriage in Maryland

"The first state law defining marriage as a union between a man and woman was adopted by Maryland in 1973."[1]
Flag of Massachusetts.svg MassachusettsNoNoLegal* by
Supreme
Court
decision
Yes.NoNoneNoNoneMain article:
Same-sex marriage in Massachusetts
Flag of Michigan.svg MichiganYesYesBannedBannedBanned* by
Supreme
Court
decision
Flag of Minnesota.svg MinnesotaNoYesNot legalNot legalNoNoneNoNoneLegislative initiative and petitions are made to start a ban ballot.
Flag of Mississippi.svg MississippiYesYesBannedNoNoneNoNone
Flag of Missouri.svg MissouriYesYesBannedNoNoneNoNone
Flag of Montana.svg MontanaYesYesBannedNoNoneNoNone
Flag of Nebraska.svg NebraskaYesYesBannedBannedBanned
Flag of Nevada.svg NevadaYesYesBannedNoNoYesYesDomestic partnership legislation in Nevada is similar to the Californian/Oregon models.
Flag of New Hampshire.svg New HampshireNoNoLegalYesNoLegal - Expires on midnight 1/1/2011.NoNoneNew Hampshire allows full civil marriage licences to same-sex couples, civil unions to expire and convert into marriage from 1 January 2011.
Flag of New Jersey.svg New JerseyProposal
rejected
No*NoneAs civil
unions
NoLegalNoNo more
but
present
valid
ones
allowed.
Main article:
Same-sex marriage in New Jersey

The state of New Jersey has neither allowed nor recognized marriages between couples of the same-sex. However, the New Jersey Supreme Court, in Lewis v. Harris, required the New Jersey Legislature to change state law by April 24, 2007 to afford same-sex couples the same rights as heterosexual couples.[4] A bill now allows civil unions that will supersede domestic partnerships. These are no more applied but may remain for the present ones.
Flag of New Mexico.svg New MexicoNoNoNoneNoneNoNoneNoNoneDoes not contain any public policy explicitly banning same-sex marriage nor defining marriage as between a man and a woman (effectively making the state neutral).
Flag of New York.svg New YorkYesYesLegal* Approved June 24, 2011Yes, by governmental entities; seeSame sex marriage in New York.YesNoneNoNoneMain article:
Same-sex marriage in New York
Flag of North Carolina.svg North CarolinaNoYesNot legalNot legalNoNoneNoNoneLegislative initiative to start a ban ballot.
Flag of North Dakota.svg North DakotaYesYesBannedBannedNoNone
Flag of Ohio.svg OhioYesYesBannedBannedNoNone
Flag of Oklahoma.svg OklahomaYesYesBannedBannedNoNone
Flag of Oregon.svg OregonYesNoBanned*NoLegalNoYesMain article:
Same-sex marriage in Oregon

Domestic partnership legislation in Oregon is very similar to the California and Nevada model.
Flag of Pennsylvania.svg PennsylvaniaNoYesNot legalNot legalNoNoneNoNonePetitions are made to start a ban ballot.
Flag of Rhode Island.svg Rhode IslandNoNoProposedYesNoProposedNoNoneDoes not contain any public policy explicitly banning same-sex marriage nor defining marriage as between a man and a woman (effectively making the state neutral). Does not award marriage licenses, but does extend limited rights to same-sex couples.[2]Now this is the basis on which RI will recognize the same-sex couples married in Massachusetts according to the Attorney General.
Flag of South Carolina.svg South CarolinaYesYesBannedBannedYesNone
Flag of South Dakota.svg South DakotaYesYesBannedBannedBanned
Flag of Tennessee.svg TennesseeYesYesBannedNoNoneNoNone
Flag of Texas.svg TexasYesYesBannedBannedNoNone
Flag of Utah.svg UtahYesYesBannedBannedNoNone
Flag of Vermont.svg VermontNoNoLegal[5]YesNoNo more
but
present
valid
ones
allowed.
NoNoneVermont allows full civil marriage licences to same-sex couples. Civil unions still recognised before 31 August 2009, but can not be performed after that date - also there is no "conversion into civil marriage" (as CT and NH have done).
Flag of Virginia.svg VirginiaYesYesBannedBannedBanned
Flag of Washington.svg WashingtonNoYesNot legal
*
As domestic partnersNoNoneYes (same-sex only)LegalMain article:
Same-sex marriage in Washington

Same-sex couple who married elsewhere may register their marriage as a domestic partnership. The 2009 reforms called the"all-but-marriage" law will come into effect from December 3, 2009, since it wasapproved by voters by 53 percent.
Flag of West Virginia.svg West VirginiaNoYesNot legalNot legalNoNoneNoNonePetitions are made to start a ban ballot.
Flag of Wisconsin.svg WisconsinYesYesBannedBannedYesYesDomestic partnerships provide certain limited legal rights - just like Hawaii, Maryland and Colorado.
Flag of Wyoming.svg WyomingNoYesNot legalNot legalNoNoneNoNoneState law pre-dates DOMA.[1]
StateMarriageSame-sex unionsNotes
DefinedResultCivil UnionsDomestic
Partnership
ConstitutionStatuteLicenses



Clear now?
As much as it is a small victory for "States Rights" to one by one, individually fight in each state for the equal right of marriage for some, because it is not Federal, the laws do not follow over state lines. 
How would you like it if you got married in one state, but the marriage was not legally binding in another?
How about Oregon, passed a law making gay marriage legal, then having it overturned & the marriages reversed?
Can you imagine getting the you are now "unmarried"  due to political changes, notice in the mail??
Yes, No, Banned, Pending, Conditional, Postponed,  Civil Unions, Domestic Partnership.... what a mess. 




Speaking of messes, that State by State spreadsheet spilled over. 


The "Notes" section will make your head spin:
California: 
Same-sex marriage in California


Originally granting only hospital visitation rights, the scope of domestic partnerships was gradually expanded over a three-year period. Taking effect on January 1, 2005, A.B. 205 extended to domestic partnerships virtually all the legal rights and responsibilities of marriage in California. Thus, domestic partnership in California has been effectively transformed into a civil union status.

Iowa: 
Same-sex marriage in Iowa
In August 2007, Polk County judge ruled Iowa's statutory ban on same-sex marriage was unconstitutional, but ruling was quickly stayed and appealed. On appeal, the Iowa Supreme Court upheld the Polk County ruling in the case of Varnum v. Brien.
Legislative initiative to begin constitutionalban ballot process was unsuccessful in 2009. Republicans in opposition vow to push the issue in 2010 legislative session.

Washington: Same-sex couple who married elsewhere may register their marriage as a domestic partnership. The 2009 reforms called the"all-but-marriage" law will come into effect from December 3, 2009, since it wasapproved by voters by 53 percent.

Click here to go to the Wikipedia page site source. 

4 comments:

nonnie9999 said...

the whole thing is so ridiculous. in 20 or 30 years, there will be marriage equality for everyone, and people will wonder what the big fuss was about.

Fran said...

I was thinking some playwright/author could write a great play/story about a gay couple traveling cross country. Married legally in NY, cross a state line you are *living in sin*/banned, cross another state line you are a civil union, unmarried again, then a domestic partner in yet another state.
But to think one could cross the state line & be unmarried has to be one of the shittiest civil/equal rights injustices of the 21st century.

What IS the big fuss about anyway?

Part of the big fuss is the Federal Gmnt has no spine & throws it to be a "states rights" issue.
Too much of a hot button issue.
Eventually it will wind up in the Supreme Court... just not this one stacked by the Bush family.

Batshit Bachmann is even worse.

Christopher said...

I've taken a fair amount of flak from the O-Bots for letting President Pootie Tang have it for his weaseling on marriage equality.

But the final straw for me with him came when he gave a speech last week to a group of champagne queers at a LGBT/DNC event in Manhattan. He posited that marriage equality isn't a Federal matter but a states rights matter.

Pootie Tang said the following:

“Part of the reason that DOMA doesn’t make sense is that traditionally marriage has been decided by the states and right now, I understand there is a little debate going on here in New York about whether to join five other states and DC in allowing civil marriage for gay couples. And I want to say that under the leadership of Governor Cuomo, with the support of Democrats and Republicans, New York is doing exactly what democracies are supposed to to do. There is a debate, there is a deliberation about what it means here in New York to treat people fairly in the eyes of the law and that is — look, that’s the power of our democratic system.“

Imagine that? Just a couple of decades ago, Pootie Tang's mama wouldn't have been prevented from marrying her black, African husband thanks to miscegenation laws.

It wasn't until 1967, in Loving v. Virginia, the remaining anti-miscegenation laws were struck down as unconstitutional by the Supreme Court of the United States that such discrimination ended.

President Pootie Tang can't have it both ways. He can't say he's opposed to DOMA but believes marriage is between a man and a woman and hide behind the dreadful states rights as the standard.

But like most lawyers, Pootie Tang is a slippery devil.

Fran said...

Christopher~ When reasoning about if something is fair, I like to flip the circumstance.
What if hetero marriages were treated currently as gay marriages are?
Of course that would not be acceptable.

Your marriage expires @ the state border.
There are so many legal rights, not to mention just the peace of mind that a marriage is recognized universally, that go with the legal
recognition of being married.

That "States rights" & isn't democracy & debate wonderful line is spineless.
That is the "plan" Cheney & Bush had.

Civil & Equal rights should not be a haphazard
state by state nightmare.

Imagine if they told the black civil rights groups there would be no Federal enforcement of civil rights, each state would have to hash it out on their own?

DOMA does not make sense to


Here are some of the legal rights that married couples have and gays and lesbians are denied:

Joint parental rights of children
Joint adoption
Status as "next-of-kin" for hospital visits and medical decisions
Right to make a decision about the disposal of loved ones remains
Immigration and residency for partners from other countries
Crime victims recovery benefits
Domestic violence protection orders
Judicial protections and immunity
Automatic inheritance in the absence of a will
Public safety officers death benefits
Spousal veterans benefits
Social Security
Medicare
Joint filing of tax returns
Wrongful death benefits for surviving partner and children
Bereavement or sick leave to care for partner or children
Child support
Joint Insurance Plans
Tax credits including: Child tax credit, Hope and lifetime learning credits
Deferred Compensation for pension and IRAs
Estate and gift tax benefits
Welfare and public assistance
Joint housing for elderly
Credit protection
Medical care for survivors and dependents of certain veterans
These are just a few of the 1400 state and federal benefits that gays and lesbians are denied by not being able to marry. Most of these benefits cannot be privately arranged or contracted for within the legal system.

It's not an issue for him, because he's got his legally recognized marriage. And a tax cut for the wealthy to boot!

What's the problem??