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Same Gender Marriages
By: Jeffrey Broobin
In 1999, the Vermont Supreme Court issued a landmark decision
in the case of Baker v. State, 744 A.2d 864 (Vt. 1999), ruling that prohibiting
same-sex marriage violated the Vermont constitution because it denied same-sex
couples the rights granted to heterosexual couples.
However, rather than order the government to issue marriage licenses to gay and
lesbian couples, the court left it up to the state legislature to remedy the
situation. In response to the court's order in Baker v. State, the Vermont
legislature passed a law creating a "civil union registration system," under
which same-sex couples can register their partnership and receive all the
benefits of state laws that apply to married couples.
Although the U.S. Constitution requires each state to give "full faith and
credit" to the laws of other states - for example, by recognizing marriages and
divorces made across state lines - the federal Defense of Marriage Act (DOMA),
passed in 1996, expressly undercuts the full faith and credit requirement in the
case of same-sex marriages.
That said, because the DOMA abridges the rights guaranteed by the U.S.
Constitution, it may be challenged legally in the near future. Furthermore,
Massachusetts Supreme Judicial Court clarified its ruling late last year that
denying marriage licenses to same-sex couples violates the Massachusetts
Constitution's guarantee that all citizens be treated equally under the law.
Lambda Legal predicts that within a few months, same-sex couples in
Massachusetts will begin getting married. They will be able to visit their
spouses in the hospital, make decisions about each other’s health care and be
fully recognized as parents of their children.
Anti-gay groups may proceed ahead in efforts to amend the state’s Constitution
to carve out an exception to the time-honored guarantee of equality. As that
debate moves forward, people will see same-sex couples who are legally married -
and they will see that in seeking to protect their families, these married
couples pose no threat to society. Benefits for Same-Sex Couples in California,
Hawaii and Vermont. If you're a member of a same-sex couple living in one of
these three states, you can take advantage of laws that allow you to register
your partnership and receive many of the benefits granted to married couples.
California.
To register a domestic partnership in California, visit the California Secretary
of State website at www.ss.ca.gov. (Look under "Special Programs Information.")
Hawaii. To learn about registering your partnership in Hawaii (where it's called
a "reciprocal beneficiary relationship"), visit the website of Hawaii’s Vital
Records office at www.state.hi.us/doh/records/rbrfaq.htm. Vermont. To read the
official guide to Vermont's civil union law, go to www.sec.state.vt.us and click
on "Publications."
About the author: Jeffrey Broobin is a free-lance writer on
family and finance issues; his main goal is to help people during their
complicated period of life.
http://www.legalhelpmate.com Email: jeffreyb@legalhelper.ws
Article Source:
www.isnare.com
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