Same Sex
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In the past year, same-sex unions have become a topic that evokes both positive and negative connotations. In some American states, steps have been taken toward creating better benefits for same-sex couples. In Ohio, a domestic partner registry was voted upon and passed in November, allowing same-sex couples documentation of their relationship. In California, a domestic partnership law was passed to take affect in January of 2005, providing “rights and responsibilities in areas as varied as child custody, legal claims, housing protection, bereavement, leave, and state government benefits” (Lisotta 17). In early 2004 the Massachusetts’ high court declared same-sex couples are entitled to nothing less than full marriage rights, creating the nation’s first legal same-sex weddings. Most recently, San Francisco joined the expansion of gay rights when it legalized same-sex marriages in February. These steps toward proper recognition have created controversy and questions. Should same-sex unions be recognized outside of the state they were performed in? Should same-sex unions be legalized at all? Gay couples should have the right to committing to each other in legal unions, allowing them to share the same benefits heterosexual couples are able to share. Same sex couples are able to love one another in the same ways heterosexual couples are, if they love the same, they should be able to have the same rights that heterosexuals are privileged to.
In November of 2003, Ohio voters in Cleveland Heights voted to pass the creation of a Domestic Partnership Registry with a vote of fifty-five percent in favor. The passage of this law land marked the first time a domestic partner registry or any pro-gay measure has ever been adopted by ballot. People with opposing views have been known to say, “Their registry is an effort to circumvent the court system and redefine marriage” (Lunn).
On July 1st of 2001, Vermont’s Civil Union law went into effect. Parties that enter into a Civil Union are given the same benefits, protections, and responsibilities under Vermont law as spouses in a marriage are.
On September 19, 2003 Governor of California Gray Davis signed into law the Domestic Partners Rights and Responsibilities Act of 2003, granting gay and lesbian couples many of the rights commonly reserved only for heterosexual married couples. Some of the rights granted under this law are the ability to have custody of a partner’s child, access to family court, the right to make funeral arrangements and access to married student housing. The law will take affect in January 2005.
While homosexuals applauded this step in gay rights, right wing groups strongly disagree. In 2000, California voters passed Proposition 22, which states, “Only marriage between a man and a woman is valid and recognized in the state of California.”
Massachusetts has taken one of the largest strides in gay rights. On February 3rd, 2004, the Massachusetts high court ruled the ban on gay marriages in Massachusetts unconstitutional. A 4-3 ruling against the ban gave Massachusetts’ state Legislature six months to rewrite state law for the benefit of gay couples. The courts’ ruling raised reactions from advocates of both sides quickly. Massachusetts’ governor immediately denounced the decision saying he would work for a constitutional amendment to overturn the decision. Even with all the right wing advocates working toward this constitutional amendment, the new Massachusetts law will be untouchable until the voters of 2006. With the ban on gay marriages no longer in place, beginning May 17th, same-sex couples in the state of Massachusetts will be given the same legal equality in marriage as heterosexual couples, making Massachusetts the only state in America to award such a right.
In February of 2004 the new mayor of San Francisco Gavin Newsom declared same-sex marriages legal. Over 2500 marriage licenses were issued within five days, and 3300 since February 12th. Among the thousands of couples to receive such a license is Rosie O’Donnell and her partner of six years, Kelli Carpenter. On Thursday February 26th, 2004 Rosie O’Donnell and Kelli Carpenter gathered inside mayor Gavin Newsom’s office for a brief marriage ceremony in San Francisco. Walking hand in hand down a marble staircase, they were met with roaring applause from hundreds of spectators gathered to witness San Francisco’s first celebrity gay marriage. Rosie said:
I want to thank the city of San Francisco for this amazing stance the mayor has taken for all the people here, not just us but all the thousands and thousands of loving, law-abiding couples. (CNN)
When asked about President Bush’s proposal to amend the U.S. Constitution O’Donnell said, “I think the actions of the president are, in my opinion the most vile and hateful words ever spoken by a sitting president, I am stunned and I’m horrified.”