As many of you may be aware, we’ve been following the marriage debate that has been hotly contested throughout the country as same-sex couples and more have sought recognition for their rights to be married. A majority of states have incorporated bans for gay marriage or a definition of marriage being between a man and a woman .
California
In California the newly elected state Legislature is reintroducing legislation that would allow gay couples to be married in the state of California alongside another piece of legislation that would allow unmarried, heterosexual couples to be registered as domestic partners. It should be noted that Governor Schwarzenegger vetoed an identical bill in 2005 and the Governor has been previously quoted as saying the issue of gay marriage is one to be settled by voters and not lawmakers. There has been nothing printed that would indicate his stance on this.
It should be noted that in the state of California, the law permits gay couples that register as domestic partners the same rights as married couples. The Superior Court in San Francisco ruled that having separate rules for gay and heterosexual couples was unconstitutional, however, an appeals court reversed that decision and indicated that it was the legislature that needed to make that decision and not the courts.
New Jersey
A decision by the New Jersey Supreme Court set into motion the new bill that was approved by a panel of New Jersey lawmakers that would create civil unions and give them equal rights with the rights that heterosexual couples receive upon being married. The State Assembly’s judiciary committee voted 4 to 2 in favor of the bill and it follows the ruling from the Supreme Court to give gay couples the same rights as heterosexual couples, but it’s still up to the Assembly on whether they call it marriage or not.
Currently, Massachusetts is the first and only state that recognizes gay marriage and they have since 2004. Many other states recognize civil unions or have laws that grant similar rights as marriage to gay couples who engage in a civil union. Most experts in New Jersey believe the bill will pass cleanly through both houses of the legislature by the end of 2006.
Many gay couples do not believe these rulings are a victory because they want the right to be married. They don’t want to be made to feel different because they are homosexual and that they may never marry each other under these rulings and instead must only have a civil union.
Honestly, I think it is a victory and while they may be in a rush – I think it’s a diplomatic compromise between the conservatives and the liberals and it will give these couples many of the same benefits as marriage and whether the state calls them married or not, marriage is a union created by the heart. While I do feel sympathy for their plight, I also agree that it can be impossible to change the world’s views overnight.
Given another generation, I think we may see more change and that’s something to look forward to in the meanwhile – it’s good to take the victories where they are given and to compromise. What do you think?
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