[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/equallywed.com\/legally-wed\/#BlogPosting","mainEntityOfPage":"https:\/\/equallywed.com\/legally-wed\/","headline":"Legally Wed","name":"Legally Wed","description":"        By Katherine Dean In a country that claims to guarantee protection from discrimination to all of its citizens, it seems contradictory that a question...","datePublished":"2010-02-15","dateModified":"2021-06-21","author":{"@type":"Person","@id":"https:\/\/equallywed.com\/author\/admin\/#Person","name":"Equally Wed","url":"https:\/\/equallywed.com\/author\/admin\/","identifier":787,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/ca62cf123aaaf135c80b055249bacbda79de9226e11cdfcde6529bedf89683de?s=96&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/ca62cf123aaaf135c80b055249bacbda79de9226e11cdfcde6529bedf89683de?s=96&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Equally Wed","logo":{"@type":"ImageObject","@id":"http:\/\/equallywed.com\/wp-content\/uploads\/2018\/08\/equally-wed-lgbtq-weddings-logo.jpg","url":"http:\/\/equallywed.com\/wp-content\/uploads\/2018\/08\/equally-wed-lgbtq-weddings-logo.jpg","width":218,"height":60}},"image":{"@type":"ImageObject","@id":"https:\/\/equallywed.com\/wp-content\/uploads\/legallywed_image1.gif","url":"https:\/\/equallywed.com\/wp-content\/uploads\/legallywed_image1.gif","height":244,"width":478},"url":"https:\/\/equallywed.com\/legally-wed\/","about":["Legal"],"wordCount":1144,"articleBody":"         By Katherine Dean In a country that claims to guarantee  protection from discrimination to all of its citizens, it seems contradictory  that a question of civil rights could ever be left to a popular vote.  But that is exactly what has happened in states across the nation. This  past November, voters on opposite sides of the country headed to the  polls to decide the fate of marriage and spousal rights for same-sex  couples. Question 1 gave Mainers the right to decide whether or not  to ban gay marriage, while Washington state voters were faced with Referendum  71, a measure that, if approved, would convey broad domestic partnership  rights to same-sex couples. In May, both houses of Maine\u2019s legislature  passed a bill to end marriage discrimination and allow same-sex marriage.  But groups such as Stand for Marriage Maine, determined to keep exclusionary  laws in place, petitioned for a people\u2019s veto of the bill and got  Question 1 on the November ballot. Stand for Marriage Maine then proceeded  to run a fire-and-brimstone campaign, fueled by propaganda claiming  that an approval of gay marriage would hurt \u201ctraditional\u201d families  and force public school teachers to explain gay sex to children as early  as first grade. Sadly, their scare tactics worked as Mainers approved  Question 1. Just as disturbing as special interest  groups pushing to deny same-sex couples equal rights under the law is  our federal government\u2019s continued support of inequality through the  1996 Defense of Marriage Act (DOMA), which defines marriage as between  one man and one woman. DOMA further provides that individual states  are not obligated to recognize legal marriages that took place in another  state or jurisdiction. The act denies legally married same-sex couples  federal benefits and protections such as Social Security survivors\u2019  benefits and family medical leave. Despite setbacks in Maine, hope for marriage  equality does appear on the horizon. In Washington, voters approved  Referendum 71 and expanded the rights of same-sex couples to include  all of the rights of married, heterosexual couples. Furthermore, new  legislation has been introduced in Congress that would repeal DOMA and  restore the rights of legally married same-sex couples. The Respect  for Marriage Act (H.R. 3567) states that \u201can individual shall be considered  married if that individual\u2019s marriage is valid in the State where  the marriage was entered into\u201d for any federal law in which marital  status is a factor. Anti-marriage equality activists will  likely continue to push their agenda by pursuing Prop 8-style ballot  measures, especially in states that have been making progress toward  marriage equality. They\u2019ll probably use the scare tactics and fear-mongering  that proved successful in Maine to further their discriminatory cause.  The gay community and everyone who believes that the right to marry  should be taken as seriously as our freedoms of speech and religion  must fight back, pushing for equality at both the state and federal  level. Equally Wed is committed to fighting for marriage equality and  will continue to bring our readers legislative updates. STATE-BY-STATE BREAKDOWN If you\u2019ve had trouble keeping up with  the ever-changing and contradictory state laws surrounding same-sex  marriage, you\u2019re not alone. Take the state of California, which certainly  wins the prize for most convoluted laws on the books. In November 2008,  voters in this otherwise progressive state approved Proposition 8, a  constitutional amendment which prohibits same-sex couples from marrying.  The California Supreme Court, which previously ruled in favor of marriage  equality in a May 2008 decision, upheld the validity of Prop 8 just  one year later. Thankfully, the court held that the 18,000 same-sex  marriages that took place between June 17 and November 4, 2008 are still  recognized as legal marriages. Further complicating matters are California\u2019s  laws surrounding recognition of legal same-sex marriages that took place  in other jurisdictions. The Marriage Recognition and Family Protection  Act (signed into law on October 12, 2009) recognizes legal same-sex  marriages entered into on or before November 4, 2008 as marriages, but  recognizes legal same-sex marriages taking place after that date as  domestic partnerships. In other words, California defines marriage using  an arbitrary date on the calendar. It cannot be overstated that no matter  how your jurisdiction legally defines marriage, there are no laws  preventing gay couples from having a wedding ceremony. Same-sex couples  can and should have the wedding of their dreams. But just in case you\u2019re  thinking of hopping a plane to a more tolerant state, Equally Wed explains marriage laws with our handy state-by-state breakdown of what\u2019s recognized where. SMALL STATES WITH BIG IDEAS. New Hampshire. On June 3, 2009,  Governor John Lynch signed legislation that recognizes marriage for  same-sex couples. The bill took effect on January 1, 2010. Additionally,  the bill is retroactive, which means that people who entered into a  civil union under the old law can have their civil unions recognized  as marriages if they apply by January 1, 2011. Massachusetts, Connecticut, Iowa and  Vermont. Same-sex couples in these states are afforded all of the  rights and benefits of different-sex marriage. These states issue marriage  licenses for same-sex couples and honor the marriages of same-sex couples  from other jurisdictions.Washington, D.C. Though not a state, this district\u2014and our nation’s capital\u2014began recognizing same-sex marriage on March 3, 2010 (the law was introduced in October and passed in December, but the Congressional review period kept licenses from being issued until it expired on March 2). NEEDS IMPROVEMENT. California, Nevada, New Jersey, Oregon,  Washington and the District of Columbia: Through either domestic  partnerships (CA, NV, OR, WA, DC) or civil unions (NJ), these states  recognize same-sex relationships and grant same-sex couples the same  state-level rights as opposite-sex couples. These states do not issue  marriage licenses, nor (with the exception of the District of Columbia)  do these states recognize legal marriages from other jurisdictions. Colorado, Hawaii, Maine, Maryland  and Wisconsin: Laws in these states provide limited spousal rights  to same-sex couples through some form of relationship recognition (designated  beneficiaries, reciprocal beneficiaries or domestic partnerships). New York: Recognizes same-sex  marriages for couples who entered into a legal marriage in another jurisdiction.  The Empire State does not provide recognition of same-sex relationships  (except those that were entered into in another jurisdiction), nor is  there a statewide registry for same-sex couples. Domestic partners are  provided with very limited rights such as visiting one another in the  hospital and making funeral arrangements. INEQUALITY IS THE NAME OF THE GAME. Remaining States: All remaining  states continue to actively promote inequality either through statute  or a constitutional provision (states that really fear gay marriage  have both) banning same-sex marriage. They do not recognize same-sex  relationships. Only New Mexico and Rhode Island lack explicit bans on  same-sex marriage. New Mexico offers domestic partnership (though not  necessarily same-sex) benefits to state employees, while Rhode Island  grants limited spousal rights to same-sex couples without officially  recognizing their relationships. You can help support marriage equality  for all by signing the Human Rights Campaign\u2019s Million for Marriage Petition."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Legally Wed","item":"https:\/\/equallywed.com\/legally-wed\/#breadcrumbitem"}]}]