Gay Marriage Q&A

(9-13-10)

Gay Marriage Q&A What was the first state to recognize gay marriage? Massachusetts became the first state to recognize gay marriage in 2003 when its high court ruled in Goodridge v. Department of Public Health that the state’s ban on same-sex marriages was unconstitutional. Where is same-sex marriage now legal? Gay marriage is now legally recognized in Connecticut, Iowa, Vermont, New Hampshire, Massachusetts, and the District of Columbia. In addition, the Coquille Indian tribe located in Oregon now permits same-sex marriage. New York, Rhode Island, and Maryland recognize same-sex marriages from other states but do not allow them to be performed. Canada permits gay marriage, and all states in Mexico recognize gay marriage (though marriages are currently only performed in Mexico City), making the United States the only major nation in North America without national recognition of gay marriage. Argentina, Belgium, Iceland, the Netherlands, Norway, Portugal, South Africa, Spain, and Sweden all permit same-sex marriages. Israel recognizes foreign same-sex marriages but does not permit them. Have all states recognizing gay marriage done so through court rulings? No. Both Maine and Vermont legalized gay marriage through legislation (though Maine later repealed it through popular initiative). Also, in 2008, the Connecticut Supreme Court issued a ruling legalizing gay marriage, but the Connecticut legislature voted the following year to affirm the court’s ruling. The District of Columbia (Washington, D.C.) legalized same-sex marriage through its elected city council. Is same-sex marriage on the ballot anywhere in 2010? Same-sex marriage is not at issue on any state ballot in 2010. While many observers attribute this to a focus on “bread-and-butter” economic issues during a recession, there are initiatives regarding abortion, gambling, affirmative action, marijuana, and hunting on various state ballots. Does President Obama support same-sex marriage? President Obama’s official position is in opposition to same-sex marriage but in support of civil unions with the legal benefits of marriage. However, the White House has confused and frustrated both sides on the issue with seemingly contradictory stances, such as its opposition to California’s Proposition 8 (which banned gay marriage) and support of the federal court’s ruling that struck down Prop 8. Some observers point out that as a young politician Obama supported gay marriage, and is likely still personally in support of gay marriage but maintains a public position against it for political reasons. Do any prominent Republicans support gay marriage? Extremely conservative on most other issues, Former Vice President Dick Cheney is a supporter of gay marriage. Former First Lady Laura Bush is also a supporter of gay marriage rights. Steve Schmidt, the campaign manager of John McCain’s 2008 presidential campaign, is another supporter. In 2010, former chairman of the GOP, Ken Mehlman, disclosed that he is homosexual and was reversing his opposition to legal same-sex marriage. Recent polling has shown increasing support for gay marriage among Republican voters. What is the status of federal law on same-sex marriage? The Defense of Marriage Act of 1996 bans federal recognition of same-sex marriage. However, in July 2010 Joseph Tauro, a federal district court judge, ruled that the Defense of Marriage Act could not apply to same-sex couples legally married in Massachusetts on states rights grounds. In August, another federal judge, Vaughn Walker, overturned California’s Proposition 8, which prohibited same-sex marriage. Both rulings are currently under a stay as the cases are appealed to higher federal courts. The confluence of rulings increases the likelihood that gay marriage will be considered by the U.S. Supreme Court. Which religions allow gay marriage? The Episcopalian Church (formerly part of the Anglican Church) gives bishops the discretion to allow gay marriages. The Evangelical Lutheran Church in America, the largest Lutheran denomination in the U.S., has allowed gay marriage since 2009. The United Church of Christ, Unitarians, and Reform Jews also endorse same-sex marriage. Some congregations of Presbyterians, Quakers, Methodists, Baptists, and other, smaller Christian denominations perform same-sex marriage ceremonies. A small minority of Hindu and Buddhists priests have performed same-sex marriage ceremonies.