To Have and To Hold Till the Court Do You Part

[ciroccoj]

I've been thinking a lot about gay marriage north and south of the 49th parallel, after the court decision handed down in California yesterday.

It's funny how the two countries are so quickly drifting apart on this issue. California just annulled over 3000 marriages; states are lining up to put together constitutional amendments barring gay marriage; Bush is planning on doing the same on a federal level; 62% of the US population opposes gay marriage. Up here, the Yukon became the fourth jurisdiction to allow gay marriage (the other three are Ontario, BC, and Quebec); our gov is wishy-washily creeping towards a federal recognition of it, and 54% of our population supports it.

Why the difference? It puzzles me, because apart from eating poutine and having a higher chance of owning a snowblower, I really don't think we're all that different, culturally. And yet we may as well be on different planets on this issue.

I've also thought about how easy it is to get caught up in the cultural/intellectual/legal/moral debate about this issue. How we all tend to forget what's really at stake here: real people's lives and relationships. Their sense of belonging, to their community and to their country.

So I'm linking with permission to the lj of cassatt, whose marriage was annulled yesterday: the personal face of gay marriage.


And here's some news stories I came across today:

• Yukon decision on gay marriage hailed by activists
  
  
• Some provinces cool to Ottawa's gay marriage offer. BTW, the professor quoted, John Currie, was my Constitutional Law prof last year. I knew I loved that man :)
  
  
• Equal Marriage Website
  
  
• CIBC is banking on dignity and respect. Three things I found interesting in this article about the CIBC's first Pride reception: (1) one of the guests at this shindig was a politician who hopes to be the next leader of the Ontario Conservatives; (2) the first legally married gay couple in the world were CIBC employees (I didn't know this - I thought Holland already had gay marriages? Or were they civil unions?); and (3) Hey - we bank at CIBC!
  
  
• Nine provinces accepting of gay marriage - the lone holdout is Alberta, of course. I never wonder why Chris doesn't miss his home province all that much.
  
  
• Thirteen states may vote on gay marriage bans.
  
  Some quotes: Every measure to ban same-sex marriage put to a statewide vote has succeeded...
  
  Since the Massachusetts ruling, more than 35 states have introduced legislation aimed at preserving the traditional definition of marriage as a union between a man and a woman.
  
  Thirty-nine states already prohibit gay and lesbian couples from marrying with laws modeled after the federal Defense of Marriage Act (DOMA) [which]... bars federal recognition of same-sex marriages and allows states to ignore gay marriages performed elsewhere.
  
  
  
  Based on information compiled from Stateline.org news reports, the Human Rights Campaign and the National Conference of State Legislatures.
  
  1. ALABAMA
     Current law: DOMA adopted as state law
     Legislation:Resolution urging Congress to pass a federal constitutional amendment banning same-sex marriage has been adopted. (HJR 129). State constitutional amendment to ban same-sex marriage introduced but failed.
     
  2. ALASKA
     Current law: DOMA written into state constitution and state law
     Legislation: None
     
  3. ARIZONA
     Current law: DOMA adopted as state law
     Legislation: State constitutional amendment was introduced but failed (SCR 1015). A resolution urging Congress to pass a federal constitutional amendment banning same-sex marriage passed the state House but failed in the Senate (SCM 1004).
     
  4. ARKANSAS
     Current law: DOMA adopted as state law
     Legislation: A state constitutional amendment to ban same-sex marriage was placed on the November ballot through the citizen initiative process. Resolution introduced urging Congress to pass a federal constitutional amendment banning same-sex marriage (SR 12).
     
  5. CALIFORNIA
     Current law: State law, passed by public referendum, bans same-sex marriage (In defiance of that law, San Francisco issued more than 3,200 marriage licenses to same-sex couples. The state high court is expected to rule on the validity of those marriages). The state will extend certain state-level marriage benefits to those on a domestic partners’ registry starting Jan. 1, 2005.
     Legislation: Assembly Judiciary committee on April 20 became the first legislative body in America to approve a measure that would allow same-sex couples to wed, but the legislation has not been considered by full Assembly (AB 1967). Resolution introduced urging Congress to pass a federal constitutional amendment banning same-sex marriage (AJR 67). Resolution introduced urging Congress to pass a federal constitutional amendment banning same-sex marriage (AJR 67).
     Court action: State Supreme Court on August 12 nullified nearly 4,000 marriage licenses issued to same-sex couples in San Francisco in violation of state law. The high court is expected to hear a separate case that will decide on the constitutionality of banning same-sex marriage at a later date.
     
  6. COLORADO
     Current law: DOMA adopted as state law
     Legislation: Resolution urging Congress to pass a federal constitutional amendment banning same-sex marriage was introduced, but died (HJR04-1013).
     
  7. CONNECTICUT
     Current law: State adoption statute refers to marriage as a union between a man and a woman.
     Legislation: Bill introduced to allow same-sex couples to marry (HBO 3069).
     
  8. DELAWARE
     Current law: DOMA adopted as state law
     Legislation: State constitutional amendment forbidding same-sex marriages and civil unions introduced March 31, but Senate President Thurman G. Adams (D) has blocked the measure from coming to a vote (SB 246).
     
  9. FLORIDA
     Current law: DOMA adopted as state law
     Legislation: None
     
  10. GEORGIA
      Current law: DOMA adopted as state law
      Legislation: State constitutional amendment defining marriage as the union between a man and a woman was approved by the Legislature and now goes to a statewide vote in November. Resolution urging Congress to pass a federal constitutional amendment banning same-sex marriage was introduced but died in committee (HR 1063).
      
  11. HAWAII
      Current law: Constitutional amendment giving the legislature the right to reserve marriage to opposite-sex couples. DOMA passed by the legislature and adopted as state law by public referendum. But Hawaii law provides limited state benefits to same-sex partners.
      Legislation: None.
      
  12. IDAHO
      Current law: DOMA adopted as state law
      Legislation: State constitutional amendment banning same-sex marriage passed the state House Feb. 11, but was not voted on in the Senate before the legislature adjourned in March (HJR 009).
      
  13. ILLINOIS
      Current law: DOMA adopted as state law
      Legislation: State constitutional amendments banning same-sex marriage introduced but failed to pass (HJRCA 24, SJRCA 56, HJRCA 25, HJRCA 31). Resolution introduced urging Congress to pass a federal constitutional amendment banning same-sex marriage .
      
  14. INDIANA
      Current law: DOMA adopted as state law
      Legislation: The Legislature adjourned March 4, effectively killing a proposed state constitutional amendment banning same-sex marriage. The measure passed the state Senate but stalled in the House when Democrats refused to bring it to a vote. Republicans unsuccessfully attempted to force a vote by stalling all legislative activity for one week by refusing to enter the House chambers. (HJR 3, SJR 7).
      
  15. IOWA
      Current law: DOMA adopted as state law
      Legislation: Senate voted down a state constitutional amendment banning same-sex marriage (SJR 2002). Proposed state law that would prohibit recognition of same-sex marriage or any legal union that provides marriage-like benefits failed (SF 216). Resolutions urging Congress to pass a federal constitutional amendment banning same-sex marriage also have been introduced and approved by committees in both chambers (HJR 2002, SJR 2005).
      
  16. KANSAS
      Current law: DOMA adopted as state law
      Legislation: State constitutional amendment banning same-sex marriage and benefits that associate marriage to other relationships was approved by the state Senate May 1 but narrowly defeated in the state House May 4 (HCR 5005). A similar measure had narrowly passed the House in March but was voted down by the Senate.
      
  17. KENTUCKY
      Current law: DOMA adopted as state law
      Legislation: State constitutional amendment defining marriage as the union between a man and a woman was approved by the Legislature April 19 and now goes to a statewide vote in November (SB 245). A resolution urging Congress to adopt a federal marriage amendment passed the House but died in the Senate (HCR 17).
      
  18. LOUISIANA
      Current law: DOMA adopted as state law
      Legislation: State constitutional amendments banning same-sex marriage will appear on the September 18 primary ballot (HB 61). Marriage statute introduced in Senate that would strengthen existing DOMA by prohibiting the recognition of civil unions, domestic partnerships, or similar relationships granted in other states (SB 159). Resolution urging Congress to pass a federal constitutional amendment banning same-sex marriage also has been introduced (HCR 29).
      
  19. MAINE
      Current law: DOMA adopted as state law
      Legislation: State constitutional amendment banning same-sex marriage was proposed but failed in both legislative chambers.
      
  20. MARYLAND
      Current law: The first state law defining marriage as a union between a man and woman was adopted by Maryland in 1973.
      Legislation: State constitutional amendment and proposed state law banning same-sex marriage were introduced and defeated (HB 16, HB 728, SB 746).
      
  21. MASSACHUSETTS
      Current law: The Massachusetts Supreme Judicial Court has ordered legislation to allow same-sex couples to marry by May 17, 2004.
      Legislation: State constitutional amendment banning same-sex marriages but establishing civil unions gained preliminary approval March 29 during the state Constitutional Convention. The measure must be approved in identical form during the next legislative session in 2005 before going to a statewide vote in 2006. Three bills introduced to permit same-sex couples to marry but are not likely to come to a vote (HB 3556, HB 3677, SB 935). A citizen initiated petition drive is under way to amend the constitution to ban same-sex marriage and civil unions, but 2008 is the soonest it could come to a statewide vote.
      
  22. MICHIGAN
      Current law: DOMA adopted as state law
      Legislation: State constitutional amendment banning same-sex marriage failed to receive the necessary two-thirds vote to pass the state House March 9 (HJR 21). A similar amendment is pending in the state Senate, but observers do not expect the measure to come up for a vote (SJR 5). Citizen initiative group submitted 475,000 signatures – more than the 317,000 needed - to place a state constitutional amendment to ban same-sex marriage on the ballot in November, bypassing the Legislature. Resolutions urging Congress to pass a federal constitutional amendment banning same-sex marriage also have been introduced (HR 109, SCR 31) .
      
  23. MINNESOTA
      Current law: DOMA adopted as state law
      Legislation: State constitutional amendment banning same-sex marriage was introduced but died when the legislature adjourned May 14 without voting on the measure.
      
  24. MISSISSIPPI
      Current law: DOMA adopted as state law
      Legislation: State constitutional amendment defining marriage as the union between a man and a woman was approved by the Legislature and will go to a statewide vote in November. Resolution urging Congress to pass a federal constitutional amendment banning same-sex marriage passed the Senate (SCR 519). Awaits action in the House.
      
  25. MISSOURI
      Current law: DOMA adopted as state law
      Legislation: The Missouri Supreme Court ruled June 3 that a proposed gay marriage ban, which was to be put to a statewide vote in November, should be put on the August 3 primary ballot. The state's highest court said Secretary of State Matt Blunt could not put off the vote until the fall's general election, as many Republicans had wanted.
      
  26. MONTANA
      Current law: DOMA adopted as state law
      Legislation: Citizen initiative group submitted 70,000 signatures – more than the 41,020 needed - to place a state constitutional amendment to ban same-sex marriage on the ballot in November, bypassing the Legislature, which is out of session until 2005.
      
  27. NEBRASKA
      Current law: DOMA written into state constitution
      Legislation: None
      
  28. NEVADA
      Current law: DOMA written into state constitution
      Legislation: None
      
  29. NEW HAMPSHIRE
      Current law: State law bans same-sex marriage and pre-dates DOMA laws.
      Legislation: The state House and Senate have approved a bill that would reinforce a state law banning same-sex marriages and prohibit recognition of gay marriages performed elsewhere (SB 427). Republican Gov. Craig Benson has said he would sign it.
      
  30. NEW JERSEY
      Current law: State law provides for a domestic partners' registry with marriage-like benefits for same-sex couples.
      Legislation: Bill introduced proposing adoption of DOMA to prevent gay and lesbian couples from marrying (AB 460). Resolution introduced urging Congress to pass a federal constitutional amendment banning same-sex marriage.
      
  31. NEW MEXICO
      Current law: No public policy
      Legislation: None
      
  32. NEW YORK
      Current law: No public policy
      Legislation: State law proposed that would prohibit recognition of same-sex marriages or civil unions performed elsewhere (A 2998). Bill that would recognize same-sex marriage has been proposed in the state Senate (SB 3816) and in the Assembly (AB 7392); three bills to extend some marriage benefits to same-sex couples have been introduced in the state Assembly (AB 2998, AB 3129, AB 8844).
      
  33. NORTH CAROLINA
      Current law: DOMA adopted as state law
      Legislation: State constitutional amendments banning same-sex marriage have been introduced in both chambers of the legislature (H1606, S1057).
      
  34. NORTH DAKOTA
      Current law: DOMA adopted as state law
      Legislation: Opponents of gay marriage said they have collected about 40,000 signatures in order to place a state constitutional amendment to ban same-sex marriage on the ballot in November. At least 25,688 signatures must be submitted by August 3 to make November's ballot.
      
  35. OHIO
      Current law: DOMA adopted as state law
      Legislation: Resolution introduced urging Congress to pass a federal constitutional amendment banning same-sex marriage (SCR 23). Opponents of gay marriage said they have collected more than the required 317,000 signatures required to place a state constitutional amendment to ban same-sex marriage on the ballot in November. The measure must now be approved by the legislature before going on the ballot.
      
  36. OKLAHOMA
      Current law: DOMA adopted as state law
      Legislation: The legislature approved putting a state constitutional amendment defining marriage as the union between a man and a woman to a statewide vote in November (SJR 46). Legislation strengthening the state’s existing DOMA law was approved. Resolution introduced urging Congress to pass a federal constitutional amendment banning same-sex marriage (HR 1028).
      
  37. OREGON
      Current Law: No public policy (Multnomah County officials in Portland issued marriage licenses to 3,000 same-sex couples before being ordered to stop by a circuit court judge April 20. The case is likely to go to the state Supreme Court).
      Legislation: Citizen initiative group submitted 244,000 petition signatures - more than twice the 100,840 needed - to place a state constitutional amendment to ban same-sex marriage on the ballot in November, bypassing the Legislature.
      
  38. PENNSYLVANIA
      Current law: DOMA adopted as state law
      Legislation: State constitutional amendment is expected to be introduced.
      
  39. RHODE ISLAND
      Current law: No public policy
      Legislation: Two bills to adopt state DOMA laws were introduced but failed (HB 7395, HB 7571). Bill that would recognize same-sex marriage has been proposed
      
  40. SOUTH CAROLINA
      Current law: DOMA adopted as state law
      Legislation: Bill that would strengthen the state’s existing DOMA by forbidding the state to recognize same-sex marriages or to grant marriage-like benefits to same-sex couples pased the House but failed in the Senate (HB 4657). Resolution urging Congress to pass a federal constitutional amendment banning same-sex marriage died in a House committee (H 4736).
      
  41. SOUTH DAKOTA
      Current law: DOMA adopted as state law
      Legislation: Bill that would strengthen the state’s existing DOMA by forbidding the state to recognize same-sex marriage or to grant marriage-like benefits to same-sex couples was introduced but failed (HB 1289).
      
  42. TENNESSEE
      Current law: DOMA adopted as state law
      Legislation: State constitutional amendment banning same-sex marriages gained preliminary approval by both houses of the legislature (HJR 990). The measure must be approved in identical form during the next legislative session in 2005 before going to a statewide vote in 2006.Senate passed a bill March 31 that would strengthen the state’s existing DOMA by forbidding the state from recognizing a “civil union or domestic partnership between individuals of the same sex" (SB 2661). Was voted down by a House committee but may be reintroduced. Resolution urging Congress to pass a federal constitutional amendment banning same-sex marriage passed by the Senate and a House committee (SJR 27).
      
  43. TEXAS
      Current law: DOMA adopted as state law
      Legislation: Resolution introduced urging Congress to pass a federal constitutional amendment banning same-sex marriage.
      
  44. UTAH
      Current law: DOMA adopted as state law
      Legislation: A state constitutional amendment defining marriage as the union between a man and a woman and barring state recognition of any "domestic partnership" was approved by the Legislature and now goes to a statewide vote in November. A bill changing state law to do essentially the same thing was passed by the Legislature and signed by the governor (SB 24).
      
  45. VERMONT
      Current law: State law defines marriage as union between man and woman, but civil unions created in 2000 to provide same-sex couples access to state-level marriage benefits.
      Legislation: State constitutional amendment banning same-sex marriage introduced but failed (PR0005). Bill that would allow same-sex couples to marry was introduced but failed (HB 676). Resolution urging Congress to pass a federal constitutional amendment banning same-sex marriage was introduced but failed.
      
  46. VIRGINIA
      Current law: DOMA adopted as state law
      Legislation: Both chambers of the Legislature have approved a bill reaffirming that Virginia has no constitutional or legal obligation to recognize marriages, civil unions or domestic partnership contracts between same-sex couples (HB 751). Gov. Mark Warner (D) has not indicated whether he will sign the bill, but it passed by a veto-proof majority. Resolutions urging Congress to pass a federal constitutional amendment banning same-sex marriage passed both houses of the Legislature (HJR 187, SJR 91).
      
  47. WASHINGTON
      Current law: DOMA adopted as state law
      Legislation: State constitutional amendment and state law banning same-sex marriage were introduced but died in committee when the legislature adjourned (HJR 4220).
      However, "Just a day after Missouri voters overwhelming (August 3) approved a constitutional ban against same-sex marriage, a Washington state court struck down that state's gay marriage ban as unconstitutional.
      The ruling by King County Superior Court Judge William Downing said that denying same-sex couples the right to marry serves no legitimate purpose, but Downing delayed implementation of the ruling until the state’s Supreme Court has considered the matter, which could take months."
      
  48. WEST VIRGINIA
      Current law: DOMA adopted as state law
      Legislation: Resolution introduced urging Congress to pass a federal constitutional amendment banning same-sex marriage
      
  49. WISCONSIN
      Current law:No DOMA, but state supreme court ruling and Attorney’s General opinion held that only heterosexual marriages are legal.
      Legislation: State constitutional amendment banning same-sex marriage and civil unions has been approved by the both chambers of the Legislature. The legislation must clear both houses again in the 2005 session before going before voters in a statewide referendum. Proposed statute to establish a state DOMA was approved by the Legislature but vetoed by Democratic Gov. Jim Doyle in 2003. (SJR, 63, AJR 66).
      
  50. WYOMING
      Current law: State law bans same-sex marriage and pre-dates DOMA laws.
      Legislation: Legislation to enact a state law modeled after DOMA was introduced but failed.

Comments

The difference between here and there

[tudorlady.livejournal.com]

is fundies.

I don't mean the devout 'live and let live' churchgoers of any given denomination. I mean the same people who picket women's clinics, and are against anything that doesn't sit with their mouthbreathing blind ambitions toward a "Christian" Taliban. (Quote marks included because I doubt that the guy who said "Love one another" would actually have anything to do with these people.)

One of them is at 1600 Pennsylvania Avenue, unfortunately.

Re: The difference between here and there

[ciroccoj.livejournal.com]

(Quote marks included because I doubt that the guy who said "Love one another" would actually have anything to do with these people.)

The same guy who said, "Let he who has not sinned cast the first stone" and "turn the other cheek" and other silly quotes? Yeah, I'm not sure how he'd feel about what's been done in his name since he took off either.

[snarkhunter.livejournal.com]

I don't know that it's just the existence of fundamentalist anyones, because you find those everywhere. But I do think our history--we were, after all, founded by Puritans and emissaries from the court--and a notoriously conservative past, combined with a hypermasculine sense of aggression, makes us more susceptible to modern conservatism.

Canada's past, from what I know of it, is conservative but is far, far more marked with compromise and negotiation than is ours.

[ciroccoj.livejournal.com]

Yeah, maybe. I read an article somewhere (written by an American) who noted that America was founded on the motto "life, liberty and the pursuit of happiness" while Canada was founded on the motto "peace, order and good government." Hardly stirring, revolutionary words, and they make for some dry as year-old toast national history, especially compared to the much sexier, dynamic American stuff.

It's interesting how both mottoes are being interpreted these days.