Facts
The Status of Marriage in California and the U.S.
Here is a brief summary of efforts in California to grant same-sex couple the ability to marry and the status of relationship recognition in California and around the country.
Legislation
In 2005, the California Legislature made history as the first legislative body in the nation to pass a bill that would give all couples the freedom to marry. That landmark legislation, AB 849, authored by Assemblymember Mark Leno (D-San Francisco) and sponsored by Equality California, would protect religious freedom by not requiring any religious institution to solemnize marriages contrary to its fundamental beliefs. Gov. Schwarzenegger vetoed AB 849.
In 2007 the California Legislature passed AB 43, the Religious Freedom and Civil Marriage Protection Act-an almost identical bill to the measure passed by the legislature in 2005. The bill picked up 2 new votes in the Assembly and 3 new votes in the Senate compared to 2005. California remains the only state in the nation that has approved marriage for same-sex couples through the legislative process.
A September 2006 poll by the Public Policy Institute of California showed that 47 percent of likely voters in California support marriage for same-sex couples, while 46 percent oppose.
The Courts
In February of 2004, San Francisco Mayor Gavin Newsom began issuing marriage licenses to gays and lesbians. More than 4,000 licenses were issued at San Francisco's City Hall. In August of that year, the California Supreme Court invalidated the marriages, ruling that the city of San Francisco did not have authority to issue marriage licenses.
That decision triggered a series of lawsuits filed on behalf of couples and other plaintiffs. Those lawsuits, collectively known as In re Marriage Cases, are currently being considered by the California Supreme Court. This litigation is asking the California Supreme Court to decide whether California's current law, denying marriage licenses to same-sex couples, is constitutional. The case will be decided based on the California Constitution and cannot be appealed to the federal courts.
Domestic Partnerships in California
Since 1999, gay and lesbian couples and opposite sex couples aged 62 or older have been able to register as domestic partners, affording them many, but not all of the same responsibilities and benefits of marriage. Almost every year since the domestic partnership registry was established, new legislation has been introduced to close the gaps in rights and benefits between marriage and domestic partnerships, which are still two separate and unequal institutions. (For more information on the differences, see Marriage vs. Domestic Partnership in California)
Marriage, Domestic Partnerships, and Civil Unions in the U.S.
On May 17, 2004, Massachusetts became the first and only state to issue marriage licenses to gay and lesbian couples who are residents. Massachusetts state law blocks out-of-state couples from marrying there. As of May 2007, more than 9,000 marriage licenses had been issued to gay or lesbian couples.
For a period of time in 2004, marriage licenses were also issued to gay and lesbian couples in Sandoval County, N.M., New Paltz, N.Y., and Multnomah County, Ore. Courts intervened and invalidated these marriages.
Four states, including Vermont, Connecticut, New Jersey and New Hampshire, offer civil unions, providing most of the same state rights and benefits as marriage, but under a separate title and institution.
In addition to California's domestic partnership registry (which functions similarly to civil unions in other states), Washington, Oregon, Hawaii and Maine offer domestic partnerships with certain rights and responsibilities.
Measures Against the Freedom to Marry
In 1996, the Congress passed and President Clinton signed into law the so-called Defense of Marriage Act (DOMA), which says states are not required to recognize marriages performed in another state. DOMA also defines marriage under federal law as a legal union between one man and one woman.
Between 1973 and 2005, 42 states passed so-called Defense of Marriage statutes, which define marriage as solely a heterosexual union. Most of these laws are modeled after the federal Defense of Marriage Act. Some states have also approved measures that ban other forms of partner recognition, including domestic partnerships and civil unions.
Federal Marriage Amendment (FMA)
The federal marriage amendment (FMA) would amend the U.S. Constitution to ban the freedom to marry nationwide. Several versions of an FMA were introduced and voted on in Congress between 2004 and 2006, but none came close to receiving the required two-thirds support needed to pass. Federal amendments also would require majority approval in 38 of the states' legislatures to be ratified into the U.S. Constitution.
^^Return to top
Marriage Vs. Domestic Partnership in California
Domestic partnerships offer many protections for couples and families, and while they are a big step forward, they don't provide the same security as marriage. California still shuts out some people from marriage, creating a two-tiered system at odds with the principle that separate is not equal. Two people doing the work of marriage deserve the respect and support that only come with marriage.
|
Marriage
|
Domestic Partnership
|
| Legal Status, Recognition, Portability of Rights |
Universally recognized in all 50 states. Includes more than 1000 federal rights and benefits. Legal structure in place to dissolve marriages and divide property equitably.
|
Not valid outside of the state that grants it. No federal protections. Legal structure to dissolve partnership not guaranteed outside of state. May be dissolved without court ruling under some circumstances. |
|
Social Recognition
|
Universal societal understanding, honor and respect for the nature of a couple's relationship and commitment.
|
Not universally understood because benefits vary widely by jurisdiction. Without common understanding of their meaning, domestic partnerships don't provide the same kind of honor and respect that marriages do.
|
| Medical Decisions, Emergencies |
Spouses and family members allowed to make decisions for incompetent or disabled person absent written instructions.
|
Partner's right to visitation and medical decision making may not be recognized out of state. |
| Family Security |
The myriad of laws in place provide security about basic family protections that are socially recognized and won't disappear.
|
Partners may feel unsure of legal protection, and at the mercy of political whims of elected officials.
|
| Tax Benefits |
Guaranteed unlimited transfers and gifts and automatic right to inherit without tax penalties. Able to file federal income taxes jointly.
|
Large gift transfers and inheritance transactions subject to federal taxes. Federal tax returns filed separately. |
| Retirement, Leave, and other Family Benefits |
Eligible for Social Security, veteran's benefits and pension plan survivor benefits upon death of spouse. Entitled family leave to care for ill spouse. |
Do not receive Social Security, veteran's benefits and pension plan survivor benefits upon death of partner. Not guaranteed equal benefits from employers. Excluded from long-term care benefits. Not guaranteed family leave to care for ill partner.
|
| Spousal and Child Support |
Criminal penalties imposed if a spouse abandons a child or spouse.
|
Outside of state, partners have no legal obligation to support their partner. |
| Immigration |
U.S. citizens can sponsor spouse, family members for immigration.
|
No benefits for couples in bi-national relationships. |
| Common Residence |
Not required. |
Must share common residence.
|
| Name Changes |
Allowed upon marriage. |
Not allowed without court order.
|
| Privacy |
Recorded only at county level with no address on the form. |
Maintained by the state with a central, public and easily-searchable database.
|
^^Return to top
By the Numbers
Key Facts about Gay and Lesbian Couples in the U.S.
-
Gay and lesbian couples live in 99.3 percent of all counties nationwide.
-
There are an estimated 3.1 million people living together in gay or lesbian relationships in the United States.
-
Fifteen percent of these couples live in rural settings.
-
Between 1 million and 9 million children are being raised by gay, lesbian and bisexual parents in the United States today.
-
The highest percentages of these couples raising children live in the South.
-
Nearly one in four gay and lesbian couples includes a partner 55 years old or older, and nearly one in five is composed of two people 55 or older.
-
More than one in 10 same-sex couples include a partner 65 years old or older, and nearly one in 10 of these couples is composed of two people 65 or older. The states with the highest numbers of senior gay or lesbian couples are also the most popular for straight senior couples: California, New York and Florida.
These facts are based on analyses of the 2000 Census conducted by the Urban Institute and the Human Rights Campaign. (See GAY AND LESBIAN FAMILIES IN THE UNITED STATES: SAME-SEX UNMARRIED PARTNER HOUSEHOLDS: A Preliminary Analysis of 2000 United States Census Data. August 22, 2001 by David M. Smith, Communications Director & Senior Strategist, Human Rights Campaign and Gary J. Gates, Ph.D., Population Studies Center, The Urban Institute; Report at www.hrc.org)
^^Return to top
|
More Videos