Two Steps Forward, One and a Half Steps Back
By BOB KESCKEMETY
Perhaps no state more than California expresses the confusion over the topic of marriage equality in the United States.
The status of same-sex marriage in California is unique among the 50 U.S. states, in that the state formerly granted marriage licenses to same-sex couples, but has discontinued doing so. The period of granting such licenses began on June 16, 2008, due to a ruling by the Supreme Court of California based on an equal protection argument and ended November 5, 2008, due to the passage of Proposition 8, an amendment to the California Constitution that limited marriages to those between one man and one woman. Before the passage of Proposition 8, California was only the second state to allow same-sex marriage. Marriages performed prior to the passage of Prop 8 remain legally recognized and retain full state-level marriage rights.
On August 4, 2010, federal judge Vaughn R. Walker, a conservative judge appointed to the federal bench by President H.W. Bush, declared the ban unconstitutional but temporarily stayed his ruling. On August 6, 2010, both sides submitted legal briefs to Judge Walker arguing for or against a long-term stay of the ruling. On August 12, 2010, Judge Walker had scheduled to lift his stay. On August 16, 2010, 9th Circuit Court of Appeals granted the motion to stay, ordered expedited briefing on the merits of the appeal, and directed the parties to brief the issue of why the appeal should not be dismissed for lack of standing. On August 17, 2010, the same Ninth Circuit panel ordered appeals calendared for oral argument during the week of December 6, 2010, in San Francisco. The Ninth Circuit has now requested the California Supreme Court to rule on an issue related to whether the Ninth Circuit has jurisdiction to hear the case.
Same-sex marriage remains a contentious issue within the state, with samesex marriage supporters trying to get another ballot initiative in the 2012 election to return the state to granting marriage licenses to same-sex couples.
Currently, five states (Connecticut, Iowa, Massachusetts, New Hampshire, Vermont) and the District of Columbia do allow same sex unions.. However, the U.S. government does not recognize these marriages on a federal level. The states of New York, New Jersey, Maryland, and Rhode Island do not permit same-sex marriages, but do recognize same-sex marriages performed in other states.
California, Oregon, Nevada, Washington, Illinois, Colorado, Wisconsin, Maryland and Maine have bans on same-sex marriage but permit, on a state-by-state basis, certain rights such as limited rights or civil union rights. Thirty-one states have constitutional bans on same-sex marriage and/or civil unions of any kind, including Florida.
This year, there has been some movement along the lines of marriage equality:
RHODE ISLAND – The Rhode Island State House Judiciary Committee recently held hearings on a bill to permit same-sex marriage in that state.
The hearings on the bill included public statements: 137 people spoke in favor of the bill, 60 against. The next step is for the committee of vote on the bill which expected to pass which would then be passed on to the entire State House for discussion and vote.
HAWAII – The governor of Hawaii is expected to sign into law this week a civil unions law granting its residents full rights and privileges of marriage without actually using the term “marriage”. This bill will take effect January 1, 2012. In 1997, Hawaii was the first state to offer Reciprocal Beneficiaries which permitted same-sex couples access to a limited number of rights and benefits on a state level.
ILLINOIS – The governor of Illinois has signed a civil union law which will take effect June 1, 2011 giving its residents the full rights of marriage. Though there has been a momentum toward same-sex civil unions, there has also been movement against:
IOWA – Republican members of the Iowa House have proposed an amendment to the state’s constitution to say that “marriage between one man and one woman shall be the only legal union valid or recognized in this state.” Iowa already permits same-sex marriage. With a 60-40 Republican majority in the House, the amendment is considered certain to pass. However, it faces long odds in the Democratic-controlled Senate, where the leadership has consistently said they will never allow it to come up for a vote.
INDIANA – Republican lawmakers in Indiana have resumed pushing for a constitutional amendment that would shore up an existing state law banning gay marriage. A GOP-ruled House committee voted 8-4 along party lines recently to advance the proposal, which now moves to the full House for consideration. The amendment states that only marriage between one man and one woman is valid in Indiana, and prohibits civil unions by stating that a legal status “substantially similar” to marriage for unmarried people is not valid.
Bob Kecskemety is the News
Editor of the Florida Agenda.
Bob can be readed at
editor@FloridaAgenda.com
