Marriage
Update
On Aug. 3, Missouri became
the fifth state to adopt a constitutional ban against gay marriage;
the others are Alaska, Hawaii, Nebraska and Nevada. Similar amendments
likely will be on the ballots in 12 other states this fall: Arkansas,
Georgia, Kentucky, Louisiana, Michigan, Mississippi, Montana,
North Dakota, Ohio, Oklahoma, Oregon and Utah.
Massachusetts
November 2003 The Supreme Judicial Court of Massachusetts
announces its decision in Goodridge v. Department of Public Health
holding that the state law barring same-sex marriage was unconstitutional
under the Massachusetts constitution and ordered the legislature
to remedy the discrimination within six months.
February 2004 The Supreme
Judicial Court of Massachusetts ruled that offering civil unions
instead of civil marriage would not meet the requirements set
forth in Goodridge.
May 17, 2004 Marriage
for same-sex couples became legal in Massachusetts. Equal marriage
went into effect when the legislature failed to provide an acceptable
law restricting marriage.
Aug 19, 2004 A Superior
court judge ruled that Massachusetts may not issue marriage licenses
to any out-of-state couple that would not be qualified to marry
for any reason in their home state. The decision was based on
a 1913 law which had never before been enforced.
Missouri
August 3, 2004 In a statewide vote, Missouri became the
fifth state to adopt a constitutional ban against same-sex marriage;
the others are Alaska, Hawaii, Nebraska and Nevada.
New Jersey
November 2003 A New Jersey Superior Court judge rejected
a lawsuit brought by seven NJ couples asserting their right to
obtain a marriage license in NJ. The decision was immediately
appealed.
January 2004 New Jersey
passed a domestic partnership law which applies to same-sex couples
and to opposite-sex couples in which one partner is 62 or older.
Benefits include equality with married couples in insurance coverage
and medical decision making and the choice of filing joint state
tax returns. However, the law does not provide for inheritance
rights, the right to petition for spousal support if the relationship
ends, or automatic parental rights. Second parents still have
to petition for adoption.
March 9, 2004 The first-ever
marriage license for a same-sex couple in New Jersey was issued
at Asbury Park. Several more couples applied for licenses but
the state attorney general obtained an injunction preventing
any ceremonies to be held.
July 10, 2004 The New
Jersey domestic partnership law passed in January 2004 went into
effect.
Sept 3, 2004 New Jersey
Attorney General filed a 60-page brief with a state appellate
court asserting that the courts have no jurisdiction over marriage,
and that it is the exclusive province of the state legislature.
The AG was responding to a suit filed by seven NJ couples.
California
February 12, 2004 San Francisco mayor Gavin Newsome orders
city clerks to begin issuing marriage licenses to same-sex couples.
August 13, 2004 The Supreme Court of California ruled
that Gavin Newsome, Mayor of San Francisco, exceeded his authority
in issuing marriage licenses to same-sex couples. The decision
invalidated the nearly 4000 licenses issued by SF, but it did
not decide the central issue, whether marriage for same-sex couples
is constitutional.
Washington
Aug 17, 2004 A Federal bankruptcy judge rejected the application
for joint bankruptcy by an American couple married in British
Columbia. The judge affirmed that federal law defines a spouse'
as a person of the opposite sex. This ruling was in effect the
first ruling from the federal bench on the constitutionality
of the federal Defense of Marriage Act.
Sept 2004 Thurston County
Superior Court rejected denial of marriage rights as unconstitutional
in Washington. The case will go to the state Supreme Court. Same-sex
unions will only be allowed if and after the state Supreme Court
upholds this decision.
National
Republican Platform
"Renewing America's Purpose. Together."
"Our country was
founded in faith and upon the truth that self-government is rooted
in religious conviction."
"We support the traditional
definition of "marriage" as the legal union of one
man and one woman, and we believe that federal judges and bureaucrats
should not force states to recognize other living arrangements
as marriages. We rely on the home, as did the founders of the
American Republic, to instill the virtues that sustain democracy
itself. That belief led Congress to enact the Defense of Marriage
Act, which a Republican Department of Justice will energetically
defend in the courts. For the same reason, we do not believe
sexual preference should be given special legal protection or
standing in law."
Democratic Platform
"America 2000: Prosperity, Progress, and Peace"
"Democrats believe
that God has given the people of our nation not only a chance,
but a mission to prove to men and women throughout this world
that people of different racial and ethnic backgrounds, of all
faiths and creeds, can not only work and live together, but can
enrich and ennoble both themselves and our purpose."
"We support continued
efforts, like the Employment Non-Discrimination Act, to end workplace
discrimination against gay men and lesbians. We support the full
inclusion of gay and lesbian families in the life of the nation.
This would include an equitable alignment of benefits."
Federal Marriage Amendment
May 21, 2003
Rep. Marilyn Musgrave, R-Colorado, and five co-sponsors introduced
H.J. Resolution 56, a resolution to amend the U.S. Constitution
to define marriage as between a man and a woman. Florida Cosponsors
of Marriage Discrimination: Jeff Miller (R 1st), Ginny Brown-Waite
(R 5th), Cliff Stearns (R 6th), Ric Keller (R 8th), Michael Bilirakis
(R 9th), Adam Putnam (R 12th), Dave Weldon (R 15th), Tom Feeney
(R 24th).
Nov. 25, 2003 A companion
bill, S.J. Resolution 26, was introduced in the Senate by Sen.
Wayne Allard, R-Colorado.
February 25, 2004 President
George Bush announces his support for the an amendment to the
U.S. Constitution defining marriage as one man-one woman.'
July 15, 2004 Senate
rejects the Federal Marriage Amendment. Proponents failed to
gain the 60 votes necessary to bring the amendment to the floor
of the Senate. Getting to the floor is the first hurdle, the
amendment would require 67 votes to pass on the floor. The White
House expresses "disappointment" that the amendment
has been "temporarily blocked" and urges the House
to take up the measure. John McCain called the amendment "antithetical
in every way to the core philosophy of Republicans."
International
Canada
September 2004 -- Manitoba
becomes the fourth Canadian province to legalize same-sex marriage.
Manitoba joins British Columbia, Ontario, and Quebec, which had
taken similar steps in 2003. The Yukon territory legalized smaesex
marriage in July 2004. The judge in the case found that the definition
of marriage as a union between a man and a woman was contrary
to the equal protection provision of the provincial charter.
The judge ruled, ""The traditional definition of marriage
in Manitoba is reformulated to mean a voluntary union for life
of two persons."
France
February 2000 The French National Assembly passes a domestic
partnership law. The law confers many rights of marriage on same-sex
couples but does not address parental, adoption or citizenship
rights.
June 5, 2004 The mayor
of Begles, near Bourdeaux, performed a civil marriage ceremony
for a same-sex couple. France's Minister of Justice stated that
he would seek to have the marriage invalidated immediately and
that there was no way the marriage could be legally "qualified"
under French law.
July 28, 2004 A Bourdeaux
court annulled the marriage performed in Begles on June 5, supporting
the position of Jacques Chirac's conservative government. The
couple remains legally married pending the outcome of their appeal.
In the meantime, a survey by Elle magazine showed that 64 per
cent of French favor of same-sex marriage.
Spain
April 2004 Spanish Prime Minister Jose Luis Rodriguez
Zapatero has stated that he will move forward with plans to legalize
gay marriage and grant equal rights to gay couples. The PM further
said, "Homosexuals and transsexuals deserve the same public
consideration as heterosexuals." The proposed changes in
the Spain's Civil Code will recognize equal rights to marriage
with the resulting effects over inheritance, labor rights and
social security protection. The necessary legislation may be
presented in September 2004.
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