Tuesday, February 22, 2005

Gay Marriage

Yes, as you can see I thought I would dip my toe into the pool of gay marriage. As anyone who owns a tv knows, this has lately become a big issue. The Republicans use it to mobilize the "moral majority" and the Democrats tend to run screaming from it. It's a hot issue that's been around for a long time, but was never at the forefront until the Supreme Court decision in Lawrence v. Texas which overturned anti-sodomy laws. After all, if you can't have sex, how can you have a marriage? But now thankfully all those acts of fornication I have enjoyed so are legit and I need not worry about getting hauled off to jail where similar acts of fornication have been going on for years. (Im all in favor of distributing condoms and lube in prisons)
Now worry not, I decided long ago that this will not be a political blog, so I shall not critique either sides arguments as to the gay marriage debate, except to say that I would like to marry the man I love someday (whoever he may turn out to be), and I think even lesbians should be able to do so too. But instead of arguing about it, I thought I would give you a primer of how gay marriage stands in the world. If anyone spots any errors let me know, but this is the data I have thus far.
Now as with almost every social issue-slavery, civil rights, contraception, birth control, etc.- Europe is way ahead on this issue. The first country to legalize full gay marriage was The Netherlands. I mean it is a country that legalizes marijuana and prostituion (issues I will reserve my judgment on), so when gay marriage became legal there, it was no big deal to most of their citizens. Soon after came Belgium, and as of today I believe those are the only two countries with full marriage. Of course with Vermont we have all no doubt heard of civil unions. These are much more widespread. These exist in Denmark, France, Germany, Sweden, Norway, Iceland, and New Zealand. Now they aren't all created equal. The Scandanavian countries' version is the same as marriage but with a different name. The others grant many right, but often not quite as much as a typical marriage. And then there is Portugal which has an odd form of common law marriage that applies to same sex couples and grants them limited rights.
In addition to countries there are many cities that offer some benefits as well, similar to the domestic partner laws in places like West Hollywood. Now you may be surprised but Buenos Aires, Geneva, and Zurich all fall here, each giving varying rights.
In the United States of course Vermont has civil unions and Massachusets has full gay marriage for now. However, in Massachusets the marriages are only open to residents and thanks to DOMA (the defense of marriage act), no other state currently has to recognize them. Of course the fight goes on, and just this past month a lower New York court said that under the state constitution of New York the state could not deprive same sex couples of marriages. We shall see how this plays out on appeal.
In other countries there are efforts as well. In Canada, the courts have legalized marriage in 11 of the 12 territories, with Alberta being the one holdout. However, the Prime Minister and his cabinet have all gotten behing full gay marriage and have drafted legislation legalizing it. Back in December they submitted it to the country's Supreme Court who reviewed it and said that it would pass any constitutional tests (they are allowed to issue advisory opinions there). So gay marriage should be coming there fairly soon.
Spain is also proposing legalizing gay marriage. After the Madrid bombing a more socialist government gained power which has signed on to gay marriage. Like in Canada the Prime Minister and his cabinet have approved the idea, and surprisingly-to me anyways- a majority of the country supports the proposal despite the Catholic church being against it. Im not sure when a proposal is supposed to be put before their Parliament, but if done it is expected to win approval.
Great Britain, who you may have noticed missing from all the above lists is toying with the idea of civil unions. With the war in Iraq this is of course not on the front burner, especially since it doesnt galvanize people the way it does in the US. Chile as well has considered proposals on gay marriage-and if one ever was passed there it would be a windfall as the first Latin American country (an area that is very Catholic and thus often seen as anti gay marriage). There is also currently a fight in South Africa to have gay marriage legalized. When aparteid was ended and the new constitution written, rights were guaranteed to same sex folk, so there is a fight that marriage cannot be denied under their constitution.
So I think this is the state of things in the world. I'm afraid I may have gotten something wrong, so if you notice any errors let me know so I can edit them. Enjoy!

4 Comments:

Blogger Edward Jones said...

So gay marriage is possibly around the corner. But as a gay community, shouldn't we ask ourselves if this is what we really want? Aren't we falling into the trap of heteronormativity by trying to be just like straight people: get married, move to the burbs, have kids, yadda yadda?

I think one of the best things about being gay is that we don't have to conform to heterosexual bullshit. No need for monogamy. No children. No rigid gender stereotypes. No fluorescent lighting.

Am I wrong?

8:43 PM  
Anonymous Anonymous said...

Just because gays are given the right to marry does not mean all gays must conform to heteronormativity. You will have the right to marry or not to marry. But those of us fags that would like to marry should indeed have that right.

11:32 AM  
Blogger Scott said...

While I love ya Edward I must disagree with you on this one. I agree that marriage may not be for everyone, and I do at times feel sorry for my heterosexual counterparts because of the pressure on them to conform to a specific image, but I know for my part that marriage is what I want. Although I must say that the jury is still out on kids and I have NO desire to move to the suburbs having grown up there myself. But I do require monogamy (im never sure if i spell that right) from a partner. Im simply too jealous of a person to be happy knowing the one I love shares themselves with others. But Im not judgmental of those who don't share the same view. I say whatever makes you happy you should ba able to do (so long as it doesn't hurt anyone of course).

6:24 PM  
Anonymous Anonymous said...

While I understand Edward's point from a liberation standpoint, marriage (or civil unions) is also about a whole host of benefits that have been denied to same-sex couples. While we pay the same Social Security tax rate as heterosexuals, we do not get the same benefits because neither we nor our partners enjoy the survivorship benefits that married couples do. Same deal with many pensions.

In Iowa, I believe inheritances above $50,000 or thereabouts are taxed when transferred to non-blood relatives (which we are considered in the eyes of the law). We also have greater difficulty getting spousal health insurance should we need it. And the list goes on...

Even if we have spent 50 years together, we are still strangers in the eyes of the law.

8:50 PM  

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