Same-sex marriage
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Same-sex marriage (also known as gay marriage)[1] is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality.[2]
Since 2001, ten countries have begun allowing same-sex couples to marry nationwide: Argentina, Belgium, Canada, Iceland, the Netherlands, Norway, Portugal, Spain, South Africa, and Sweden. Same-sex marriages are also performed and recognized in the Brazilian state of Alagoas,[3] Mexico City and parts of the United States. Some jurisdictions that do not perform same-sex marriages recognize same-sex marriages performed elsewhere: Israel, the Caribbean countries of the Kingdom of the Netherlands, parts of the United States, and all states of Brazil and Mexico. Australia recognises same-sex marriages only by one partner changing their sex after marriage.[4] As of 2012, proposals exist to introduce same-sex marriage in at least ten other countries.
The introduction of same-sex marriage has varied by jurisdiction, resulting from legislative changes to marriage laws, court challenges based on constitutional guarantees of equality, or a combination of the two. In some countries, allowing same-sex couples to marry replaced a previous system of civil unions or registered partnerships.
The recognition of such marriages is a civil rights, political, social, moral, and religious issue in many nations. Conflicts arise over whether same-sex couples should be allowed to enter into marriage, be required to use a different status (such as a civil union, which either grant equal rights as marriage or limited rights in comparison to marriage), or not have any such rights. A related issue is whether the term marriage should be applied.[5][6][7]
One argument in support of same-sex marriage is that denying same-sex couples legal access to marriage and all of its attendant benefits represents discrimination based on sexual orientation; several American scientific bodies agree with this assertion.[8][9][10][11] Another argument in support of same-sex marriage is the assertion that financial, psychological and physical well-being are enhanced by marriage, and that children of same-sex couples benefit from being raised by two parents within a legally recognized union supported by society's institutions.[12][13][14] Court documents filed by American scientific associations also state that singling out gay men and women as ineligible for marriage both stigmatizes and invites public discrimination against them.[15] The American Anthropological Association avers that social science research does not support the view that either civilization or viable social orders depend upon not recognizing same-sex marriage.[16] Other arguments for same-sex marriage are based upon what is regarded as a universal human rights issue, mental and physical health concerns, equality before the law,[17] and the goal of normalizing LGBT relationships.[18][19][20] Al Sharpton and several other authors attribute opposition to same-sex marriage as coming from homophobia[21][22][23][24] or heterosexism and liken prohibitions on same-sex marriage to past prohibitions on interracial marriage.[25]
One argument against same-sex marriage arises from a rejection of the use of the word marriage as applied to same-sex couples,[26] as well as objections about the legal and social status of marriage itself being applied to same-sex partners under any terminology. Other stated arguments include direct and indirect social consequences of same-sex marriages, parenting concerns,[27][28] religious grounds,[29][30] economically expensive,[31] and tradition.
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[edit] Terminology
[edit] Definitions of marriage
Anthropologists have struggled to come up with a definition of marriage that absorbs commonalities of the social construct across cultures.[32][33] Many proposed definitions have been criticized for failing to recognize the existence of same-sex marriage in some cultures, including in more than 30 African cultures, such as the Kikuyu and Nuer.[33][34][35]
With several countries revising their marriage laws to recognize same-sex couples in the 21st century, all major English dictionaries have revised their definition of the word marriage to either drop gender specifications or supplement them with secondary definitions to include gender-neutral language or explicit recognition of same-sex unions.[36][37] The Oxford English Dictionary has recognized same-sex marriage since 2000.[38]
Alan Dershowitz and others have suggested reserving the word marriage for religious contexts as part of privatizing marriage, and in civil and legal contexts using a uniform concept of civil unions, in part to strengthen the separation between church and state.[39] Jennifer Roback Morse, the president of the anti-same-sex marriage group National Organization for Marriage's Ruth Institute project,[40] claims that the conflation of marriage with contractual agreements is a threat to marriage.[41]
[edit] Terms for same-sex marriage
Some proponents of legal recognition of same-sex marriage, such as Freedom to Marry and Canadians for Equal Marriage, use the terms marriage equality and equal marriage to indicate that they seek equal benefit of marriage laws as opposed to special rights.[42][43]
Opponents of same-sex marriage such as The Church of Jesus Christ of Latter-day Saints, the United States Conference of Catholic Bishops, and the Southern Baptist Convention use the term traditional marriage to mean marriages between one man and one woman.[44][45][46] Anti-same-sex-marriage activist Maggie Gallagher argues that equating same-sex and opposite-sex marriages changes the meaning of marriage and its traditions.[47]
Some publications that oppose same-sex marriage, such as WorldNetDaily and Baptist Press, have an editorial style policy of placing the word marriage in scare quotes (marriage) when it is used in reference to same-sex couples. In the United States, the mainstream press has generally abandoned this practice.[48] Cliff Kincaid of the conservative Accuracy in Media argues for use of quotation marks on the grounds that marriage is a legal status denied same-sex couples by most state governments.[49] Same-sex marriage supporters argue that the use of scare quotes is an editorialization that implies illegitimacy.[50]
Associated Press style recommends the usages marriage for gays and lesbians or in space-limited headlines gay marriage with no hyphen and no scare quotes. The Associated Press warns that the construct gay marriage can imply that marriages of gay and lesbian couples are somehow legally different from those of opposite-sex couples.[citation needed]
Same-sex marriage also can be described with the term homogamous marriage,[51] in the scientific tradition of Greek and Latin terms for family type.
[edit] History
[edit] Ancient
Various types of same-sex marriages have existed,[52] ranging from informal, unsanctioned relationships to highly ritualized unions.[53]
In the southern Chinese province of Fujian, through the Ming dynasty period, females would bind themselves in contracts to younger females in elaborate ceremonies.[54] Males also entered similar arrangements. This type of arrangement was also similar in ancient European history.[55]
An example of egalitarian male domestic partnership from the early Zhou Dynasty period of China is recorded in the story of Pan Zhang & Wang Zhongxian. While the relationship was clearly approved by the wider community, and was compared to heterosexual marriage, it did not involve a religious ceremony binding the couple.[56]
The first historical mention of the performance of same-sex marriages occurred during the early Roman Empire.[57] For instance, Emperor Nero is reported to have engaged in a marriage ceremony with one of his male slaves. Emperor Elagabalus married a Carian slave named Hierocles.[58] It should be noted, however, that conubium existed only between a civis Romanus and a civis Romana (that is, between a male Roman citizen and a female Roman citizen), so that a so-called marriage between two Roman males (or with a slave) would have no legal standing in Roman law (apart, presumably, from the arbitrary will of the emperor in the two aforementioned cases).[59] Furthermore, matrimonium is an institution involving a mother, mater. The idea implicit in the word is that a man takes a woman in marriage, in matrimonium ducere, so that he may have children by her.[60] Still, the lack of legal validity notwithstanding, there is a consensus among modern historians that same-sex relationships existed in ancient Rome, but the exact frequency and nature of same-sex unions during that period is obscure.[61] In 342 AD Christian emperors Constantius II and Constans issued a law in the Theodosian Code (C. Th. 9.7.3) prohibiting same-sex marriage in Rome and ordering execution for those so married.[62]
A same-sex marriage between the two men Pedro Díaz and Muño Vandilaz in the Galician municipality of Rairiz de Veiga in Spain occurred on April 16, 1061. They were married by a priest at a small chapel. The historic documents about the church wedding were found at Monastery of San Salvador de Celanova.[63]
[edit] Modern
In 2001, the Netherlands became the first nation in the world to grant same-sex marriages.[64] Same-sex marriages are also granted and mutually recognized by Belgium (2003),[65] Spain (2005), Canada (2005), South Africa (2006), Norway (2009), Sweden (2009), Portugal (2010),[66] Iceland (2010) and Argentina (2010). In Mexico same sex marriage is recognized in all 31 states but only performed in Mexico City. In Nepal, their recognition has been judicially mandated but not yet legislated.[67] 250 million people (or 4% of the world population) live in areas that recognise same-sex marriage.[68]
[edit] Current status
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Same-sex relationships legal
Same-sex marriage
Other type of partnership (or unregistered cohabitation)
Same-sex marriage recognized, but not performed
Homosexuality legal but same-sex unions not recognized
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Same-sex relationships illegal
Minimal penalty
Large penalty
Life in prison
Death penalty
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[edit] Legal recognition
Same-sex marriage is legally recognized nationwide in Argentina, Belgium, Canada, Iceland, the Netherlands, Norway, Portugal, South Africa, Spain, and Sweden. In the United States, same-sex marriages are not recognized federally, though same-sex couples can marry in six states and one district. In Mexico, same-sex marriages are only performed in Mexico City, but these marriages are recognized by all Mexican states and by the Mexican federal government.[69] Israel does not recognize same-sex marriages performed on its territory, but recognizes same-sex marriages performed in foreign jurisdictions. In Brazil, the state of Alagoas performs same-sex marriages. Also, in other states, a same-sex couple may convert their civil union into marriage with the approval of a state judge. If approved, that marriage is recognized in all the national territory.[70]
[edit] Argentina
On July 15, 2010, the Argentine Senate approved a bill extending marriage rights to same-sex couples. It was supported by the Government of President Cristina Fernández de Kirchner and opposed by the Catholic Church.[71] Polls showed that nearly 70 percent of Argentines supported giving gay people the same marital rights as heterosexuals.[72]
[edit] Belgium
Belgium became the second country in the world to legally recognize same-sex marriages on June 1, 2003, with the coming into force of a bill passed by the Belgian Federal Parliament. Originally, Belgium allowed the marriages of foreign same-sex couples only if their country of origin also allowed these unions, however legislation enacted in October 2004 permits any couple to marry if at least one of the spouses has lived in the country for a minimum of three months. A 2006 law enabled legal adoption by same-sex spouses.
[edit] Brazil
On January 6, 2012 a judge in the Brazilian state of Alagoas ruled that same-sex marriages will be performed[3][73] in the state instead[74] of the civil unions, making this the first state in Brazil to grant the married status to gay couples in such a broad way. Marriages performed in this state will then be recognized throughout the whole country.[75][76]
[edit] Canada
Legal recognition of same-sex marriage in Canada followed a series of constitutional challenges based on the equality provisions of the Canadian Charter of Rights and Freedoms. In the first such case, Halpern v. Canada (Attorney General), same-sex marriage ceremonies performed in Ontario on January 14, 2001 were subsequently validated when the common law, opposite-sex definition of marriage was held to be unconstitutional. Similar rulings had legalized same-sex marriage in eight provinces and one territory when the 2005 Civil Marriage Act defined marriage throughout Canada as the lawful union of two persons to the exclusion of all others.
[edit] Iceland
Same-sex marriage was introduced in Iceland through legislation establishing a gender-neutral definition of marriage introduced by the coalition government of the Social Democratic Alliance and Left-Green Movement. The legislation was passed unanimously by the Icelandic Althing on June 11, 2010, and took effect on June 27, 2010, replacing an earlier system of registered partnerships for same-sex couples.[77][78] Prime Minister Jóhanna Sigurðardóttir and her partner were among first married same-sex couples in the country.[79]
[edit] Israel
Israel's High Court of Justice ruled to honor same-sex marriages granted in other countries even though Israel does not recognize such marriages performed under its own jurisdiction. A bill was raised in the Knesset (parliament) to rescind the High Court's ruling, but the Knesset has not advanced the bill since December 2006.
[edit] Mexico
On December 21, 2009, the Federal District's Legislative Assembly legalized same-sex marriages and adoption by same-sex couples. The law was enacted eight days later and became effective in early March 2010.[80] On August 10, 2010, the Mexican Supreme Court ruled that while not every state must grant same-sex marriages, they must all recognize those performed where they are legal.[81]
[edit] The Netherlands
The Netherlands was the first country to extend marriage laws to include same-sex couples, following the recommendation of a special commission appointed to investigate the issue in 1995. A same-sex marriage bill passed the House of Representatives and the Senate in 2000, taking effect on April 1, 2001.[82]
In the Netherlands' Caribbean special municipalities of Bonaire, Sint Eustatius and Saba, marriage is presently restricted to heterosexual couples,[83] however a law enabling same-sex couples to marry has been passed and is planned to come into effect by 10 October 2012.[84] The Caribbean countries Aruba, Curaçao and Sint Maarten, forming the remainder of the Kingdom of the Netherlands, do not perform same-sex marriages, but must recognize those performed in the European territory of the Netherlands.
[edit] Norway
Same-sex marriage became legal in Norway on January 1, 2009 when a gender neutral marriage bill was enacted after being passed by the Norwegian legislature in June 2008.[85][86] Norway became the first Scandinavian country and the sixth country in the world to legalize same-sex marriage.
Gender neutral marriage replaced Norway's previous system of registered partnerships for same-sex couples. Couples in registered partnerships are able to retain that status or convert their registered partnership to a marriage. No new registered partnerships may be created.
[edit] Portugal
On January 8, 2010, the parliament approved, with 126 votes in favor, 97 against and 7 abstentions, same-sex marriage. The President promulgated the law on April 8, same-sex marriage become legal since June 5, 2010, thus Portugal became the eighth country to conduct nationwide same-sex marriage.
[edit] South Africa
Legal recognition of same-sex marriages in South Africa came about as a result of the Constitutional Court's decision in the case of Minister of Home Affairs v Fourie. The court ruled on 1 December 2005 that the existing marriage laws violated the equality clause of the Bill of Rights because they discriminated on the basis of sexual orientation. The court gave Parliament one year to rectify the inequality. The Civil Union Act was passed by the National Assembly on 14 November 2006, by a vote of 230 to 41, and it came into force on 30 November 2006. South Africa is the fifth country, the first in Africa, and the second outside Europe, to legalize same-sex marriage.
[edit] Spain
Same-sex marriage has been legal in Spain since July 3, 2005. In 2004, the nation's newly elected Socialist government, led by President José Luis Rodríguez Zapatero, began a campaign for its legalization, including the right of adoption by same-sex couples.[87] After much debate, a law permitting same-sex marriage was passed by the Cortes Generales (Spain's bicameral parliament, composed of the Senate and the Congress of Deputies) on 30 June 2005 and published on 2 July 2005. Same-sex marriage became legal in Spain on Sunday, 3 July 2005,[88] making it the third country in the world to do so, after the Netherlands and Belgium.
[edit] Sweden
Same-sex marriage in Sweden has been legal since 1 May 2009, following the adoption of a new, gender-neutral law on marriage by the Swedish parliament on 1 April 2009,[89] making Sweden the seventh country in the world to open marriage to same sex couples nationwide. Marriage replaced Sweden's registered partnerships for same-sex couples. Existing registered partnerships between same-sex couples remained in force with an option to convert them into marriages.
[edit] United States
In the United States, although same-sex marriages are not recognized federally, same-sex couples can legally marry in six states (Connecticut, Iowa, Massachusetts, New Hampshire, New York, Vermont) and the District of Columbia and receive state-level benefits.[90] The states of New Jersey, Maryland, and Rhode Island do not facilitate same-sex marriages, but do recognize same-sex marriages performed in other jurisdictions, as does California in some cases, in particular those established when the state briefly allowed same-sex marriage in 2008. Additionally, several states offer civil unions or domestic partnerships, granting all or part of the state-level rights and responsibilities of marriage.[91][92] Thirty-one states have constitutional restrictions limiting marriage to one woman and one man.[93]
In 1996, the United States Congress passed the Defense of Marriage Act (DOMA) defining marriage solely as a union between a man and a woman for all federal purposes and allowing for the non-recognition amongst the states.[94]
A 2005 federal district court decision, Citizens for Equal Protection v. Bruning, holding that prohibiting recognition of same-sex relationships violated the Constitution was overturned on appeal by the United States Court of Appeals for the Eighth Circuit in 2006, which ruled that laws limiting the state-recognized institution of marriage to heterosexual couples ... do not violate the Constitution of the United States.
In 2006, the Supreme Court of the State of Washington concluded that encouraging procreation within the framework of marriage can be seen as a legitimate government interest furthered by limiting marriage between opposite-sex couples.[95]
In 2010, United States District Court for the Northern District of California stated the evidence did not show any historical purpose for excluding same-sex couples from marriage, as states have never required spouses to have an ability or willingness to procreate in order to marry. Proponents of excluding same-sex couples from marriage were unable to reply how permitting same-sex marriage impairs or adversely affects the assumption that the state's interest in marriage is procreative. When asked to identify the evidence at trial that supported the contention responsible procreation is really at the heart of society's interest in regulating marriage, proponents' counsel replied he did not have evidence of this point.[96]
In July 2010, a federal court held key provisions of DOMA unconstitutional;[97][98] the Department of Justice entered an appeal on October 12, 2010.[99] President Barack Obama is officially opposed to same-sex marriage,[100] although he supports full civil unions and federal rights for LGBT couples,[101] a full repeal of DOMA,[102] and called California's Proposition 8 outlawing same-sex marriage in 2008 unnecessary.[103] In February 2011, President Obama concluded that DOMA was unconstitutional and directed the US Justice Department to stop defending the law in court.[104] Subsequently, Eric Cantor, Republican majority leader in the US House of Representatives announced that the House would defend DOMA; however, the law firm hired to represent the House soon withdrew from the representation, requiring the House to retain replacement counsel.[105]
In August 2010, Proposition 8 was declared unconstitutional under the United States Constitution in a federal court case, Perry v. Schwarzenegger, but the ruling has been stayed pending appeal by a higher court; the judge found the ban unconstitutional, ruling that Proposition 8 disadvantages gays and lesbians without any rational justification.[106] Proponents of Proposition 8 appealed the District Court's ruling, and licensing of marriage ceremonies has been delayed by the 9th Circuit Court issuing a stay until the appeal process is completed; in addition, the 9th Circuit also assured a speedy trial.[107]
[edit] Subject debated
[edit] Australia
Australia currently bans recognition of same-sex marriages, although as of 2011 the federal Labor Party government officially supports changing the Marriage Act to allow same-sex marriage.[108] The Liberal Party is opposed to same-sex marriage and its leader Tony Abbott said he will block a conscience vote on the issue.[109]
In February 2010, the Greens Senator Sarah Hanson-Young's Marriage Equality Bill was rejected by the Senate.[110] Senator Hanson-Young re-introduced the bill to the Senate in September 2010. The bill will sit on a notice paper until the major parties agree to a conscience vote on it.[111] A Greens motion urging federal MPs to gauge community support for gay marriage was passed by the House of Representatives on 18 November 2010.[112]
The Australian Capital Territory is the first jurisdiction in Australia to legalise civil partnerships ceremonies for gay couples. However, they are not recognised in Australian jurisdictions outside of that territory. Registered partnerships are available in New South Wales, Tasmania, Queensland and Victoria. From 1 July 2009 Centrelink recognised same-sex couples equally regarding social security – under the common-law marriage, de facto status or unregistered cohabitation.[113] In September 2010 Tasmania became the first Australian state to recognise same-sex marriages performed in other jurisdictions.[114]
[edit] Colombia
On Tuesday July 26, 2011, The Constitutional Court of Colombia ordered the Colombian Congress to legislate on the matter of same-sex marriage and that if they fail to, same-sex couples will be granted all marriage rights in two years (on June 20, 2013) automatically.[115]
[edit] Denmark
In October 2011 Manu Sareen, Minister for Equality and Church Affairs in the new Danish government, announced the government is seeking to legalize same-sex marriage by spring 2012. The bill for the new marriage law is to be introduced around New Year.[116]
[edit] Finland
Finland may legalize same-sex marriage after the 2011 parliamentary elections; then-Minister of Justice Tuija Brax said her Ministry was preparing a reform to amend the Marriage Act towards gay marriage by 2012.[117]
[edit] France
In France in 2006, a 30-member non-quorum parliamentary commission of the French National Assembly published a 453-page Report on the Family and the Rights of Children, which rejected same-sex marriages.[118] Also, the French National Assembly voted against same-sex marriage on June 15, 2011.
[edit] Germany
As of June, 2011, Germany will face a vote on same-sex marriage. The issue was opened by the senate of the city-state of Hamburg, and will be voted on in the Federal Bundesrat.
[edit] Luxembourg
The current government of Luxembourg intends to legalize same-sex marriage.[119]
[edit] Nepal
In November 2008, Nepal's highest court issued final judgment on matters related to LGBT rights, which included approving gay marriage. Based on the court recommendation the government announced its intention to introduce a same-sex marriage bill by 2010.[120][121][122][123][124] Same-sex marriage and protection for sexual minorities will be included in the new Nepalese constitution currently being drafted[125][126] and due to be completed by May 31, 2012.[127][dead link]
[edit] New Zealand
New Zealand's Marriage Act 1955 recognizes marriage rights only for opposite-sex couples. New Zealand's Parliament rejected a bill that would have prohibited the recognition of same-sex marriage in New Zealand in December 2005. The marriage laws consider transsexuals who have undergone reassignment surgery as having changed sex for legal purposes, following Family Court and High Court of New Zealand decisions in 1995. However the 2005 Civil Union Act allows same-sex and opposite sex couples to have a 'civil union' which under the law is identical to a marriage, with the exception that same-sex couples cannot jointly apply to adopt.
[edit] Nigeria
In 2006, Nigerian President Olusegun Obasanjo introduced legislation that prohibits same-sex marriages and criminalizes anyone who performs, witnesses, aids or abets such ceremonies.[128] Among the Igbo people of Nigeria, there are circumstances where a marriage between two women is allowed, such as when a woman has no child and the husband dies.[129]
[edit] United Kingdom
Same-sex marriage is currently prohibited although since 2005, same-sex couples are allowed to enter into civil partnerships, a separate union which provides the legal consequences of marriage. In 2006 the High Court rejected a legal bid by a British lesbian couple who had married in Canada to have their union recognised as a marriage in the UK and not as a civil partnership. In February 2011 the UK government expressed its intention to begin a consultation to allow both religious same-sex ceremonies and civil marriage for same-sex couples in England and Wales.[130] In September 2011, the Government announced its intention to introduce same-sex civil marriage by the next general election.[131]
It falls to the Scottish Government to handle marital legislation north of the Border. A 14 week Consulation ended on 9 December 2011 with an analysis to be published in the spring of 2012. [132] Unlike the Consultation due to be held in England and Wales, the Consultation in Scotland