Same-Sex Marriage: Developments in the Law
The same-sex marriage battle intensifies: A history of the law and the latest news.
A common dictionary definition of family is "the basic unit in society having as its nucleus two or more adults living together and cooperating in the care and rearing of their own or adopted children." Despite this all-inclusive definition, a lesbian or gay couple -- with or without children -- has not been what many people picture when they think of a family.
Nevertheless, lesbian and gay couples (and their children) do live in families and have sought societal recognition of their families over the past several decades. It began in the early 1970s, when same-sex couples applied for marriage licenses, asked courts to allow one partner to adopt the other, and took other steps to legally cement their relationships. Many of these efforts failed, but some progress was made. By the mid 1980s, same-sex couples were seeking domestic partnership recognition from cities and private companies. This effort continued with increasing strength in the 1990s and on into the new century. In recent years, same-sex couples have made enormous strides toward equal recognition of their families.
Same-Sex Marriage in U.S. Cities
San Francisco Mayor Gavin Newsom really started something on February 12, 2004, when he ordered city clerks to begin issuing marriage licenses to same-sex couples. Since then numerous other U.S. cities have followed his lead, and the entire country's attention has been drawn to the debate. But it will be a while before the issue is settled. The California Supreme Court eventually voided all of the marriages performed in 2004; court cases in Oregon had the same result. But lawsuits in San Francisco and elsewhere, challenging restrictions on same-sex marriage, are making their way through the courts, and this issue is not going away any time soon.
Same-Sex Marriage in Massachusetts
In 2003, the Massachusetts Supreme Court held that the state law barring same-sex marriage was unconstitutional under the Massachusetts constitution and ordered the legislature to remedy the discrimination within six months (Goodridge v. Department of Public Health). In February 2004, the court ruled that offering civil unions instead of civil marriage would not meet the requirements set forth in Goodridge. As a result, same-sex couples in Massachusetts can enter into civil marriages, and a few thousand of them have done so already. The Massachusetts legislature is currently considering an amendment to the state constitution to forbid marriage between same-sex couples, but the soonest such an amendment could take effect is 2006.
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Copyright 2006 Nolo
