Recent Developments in the Fight Over Legalized Gay Marriage

Posted June 11, 2009 in Family Law by Jennifer King
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June is Gay Pride Month. It’s noteworthy, but entirely coincidental, that same-sex marriage laws have made a lot of news headlines in recent weeks as several states have legalized gay marriage and another state has affirmed its ban on gay marriage.

If you haven’t been following the story, here’s a update about what’s happened in 2009.

Changes Giving More Rights to Gay Couples

Several states have taken steps to legalize gay unions or give same-sex couples additional rights, but stopping short of recognizing same-sex marriages.

  • Colorado: Unregistered cohabitation will be recognized as of July 1
  • Iowa: Same-sex marriage has been legal as of April 27
  • Maine: Same-sex marriage will be legal as of Sept. 14
  • Nevada: Domestic partnerships will be recognized as of Oct. 1
  • New Hampshire: Same-sex marriage will be legal as of January 1, 2010
  • Vermont: Same-sex marriage will be legal as of Sept. 1
  • Washington State: Expanded domestic partnership rights will be offered as of July 26, but opponents are trying to add a referendum to the November ballot that would roll back these rights

Prior to this year, same-sex marriage was already legal in Connecticut, Massachusetts and, for several months in 2008, in California. In addition, legal unions, which offer varying rights and responsibilities, have been permitted in New Jersey, Hawaii, Maryland, Oregon, and the District of Columbia.

Gay Marriage Banned in California

California, which many people think of as a state full of liberals, has actually been the center of a lengthy battle over gay marriage–a battle that opponents are currently winning.

In 2008, California’s State Supreme Court issued a ruling that legalized same-sex marriages. After an expensive publicity campaign by both opponents and proponents of gay marriage, California voters passed an amendment in November that again outlawed same-sex marriage. Several groups challenged the constitutionality of that amendment, known as Proposition 8. On May 26, the California Supreme Court upheld Proposition 8 as legal, but ruled that same-sex marriages that occurred between June 16 and Nov. 5, 2008, are still valid. It appears that the battle over same-sex marriage will continue in California because several federal court cases over the matter are still pending.

International Approval of Gay Unions

The United States is not the only nation grappling with the legal and ethical issues surrounding same-sex marriage.

In 2009, Hungary, Japan, Norway and Sweden all took steps to legally recognize gay unions.

Prior to 2009, same-sex marriages were already legal in:

  • Belgium
  • Canada
  • The Netherlands
  • South Africa
  • Spain

In addition, these marriages are legally recognized, but not performed, in:

  • Dutch Aruba
  • Israel
  • Netherlands Antilles

Civil unions and registered partnerships are legal in:

  • Andorra
  • Argentina (some regions only)
  • Australia (some regions only)
  • Czech Republic
  • Denmark
  • Finland
  • France
  • Germany
  • Greenland
  • Hungary
  • Iceland
  • Luxembourg
  • Mexico (some regions only)
  • New Zealand
  • Slovenia
  • Switzerland
  • United Kingdom
  • Uruguay
  • Venezuela (some regions only)

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    Jennifer E. King