Political leaders often savagely condemn alleged lesbian and gay promiscuity during speeches in support of legislation that punishes lesbian and gay monogamy.
Photo: © 2005 Bev Sykes. Licensed under Creative Commons.
Image from a California rally in favor of marriage equality.
Why This is a Civil Liberties Issue
Under the Fourteenth Amendment, the government may not "deny to any person within its jurisdiction the equal protection of the laws." Laws against same-sex marriage blatantly violate the spirit of this amendment. What's more, these laws are most often explicitly written to "protect the sanctity of marriage." If the government is in the business of protecting sanctity with this kind of legislation, then in what way is it not "[making] law respecting an establishment of religion," an activity expressly prohibited under the First Amendment?
Does the Federal Government Recognize Gay Marriage?
No. In 1998, President Bill Clinton signed the Defense of Marriage Act (DOMA), stating that same-sex couples would not be eligible for federal benefits.
- Read more: The Defense of Marriage Act (DOMA)
The Federal Marriage Amendment
Conservatives have repeatedly attempted to codify the DOMA as an amendment to the U.S. Constitution, but have never been able to achieve the necessary two-thirds majority in Congress to pull it off.
- Read more: The Federal Marriage Amendment (FMA)
Which States Recognize Gay Marriage?
Massachusetts is the only state where same-sex marriages can currently be performed. Same-sex marriages performed in Massachusetts are also recognized in Rhode Island.
- Read more: Gay Marriage in Massachusetts
Which States Have Passed Constitutional Amendments Banning Gay Marriage?
The bad news: Twenty-six states have passed constitutional amendments banning gay marriage. The good news: Most of the states that would pass constitutional amendments banning gay marriage have already done so.
What Are Civil Unions?
Civil unions are state policies granting most, but not all, state marriage benefits to same-sex couples. Domestic partnerships, often established by city governments (such as in New York City, for example), serve a similar function but are generally weaker. Civil unions and/or same-sex domestic partnerships are recognized in Alaska (for state employees only), California, Connecticut, the District of Columbia, Hawaii, Maine, New Jersey, and Vermont.