From: FORMNATL@aol.com Date: Mon, 18 Aug 1997 21:23:02 -0400 (EDT) Subject: LAW CHART (Please update on websites.) (see Mississippi mar) Same-Sex Marriage Overview Chart (revised 8/97) The first three columns are characteristics considered positive for gay marriage. A (+) indicates their presence. The last three columns are characteristics considered negative for gay marriage. A (-) indicates their presence as well. ERA signifies an equal rights amendment regarding gender is part of the state's constitution. A marriage validation statute is a state law indicating that marriages legally constituted in another state, but not conforming to the laws of the state in question, are nonetheless considered valid. This law is not absolute. If such a validation would, in the court's (or first, in the state's) view contravene a "basic public policy," such marriages can under common law still be held invalid. (See also marriage evasion statute--below.) In the sodomy law column, (-*) indicates that the law applies only to gay sex. (***) indicates that a law is still technically on the books, but has been effectively rendered unenforceable, at least as private sex is concerned. Consult statutes and case histories for these states. An anti-gay marriage law is a law, often part of the marriage statute itself, which contains so many references to "husband and wife," etc., that it could be read as not including gay couples, or explicitly states that marriage can be entered into only by one man and one woman (marked **), or explicitly forbids same-sex marriage (marked ****). Executive Orders barring gay marriage (marked ?) are of dubious legality because of such powers may be "properly" legislative. A marriage evasion statute is a law which says that if a couple has gone to another state in order to obtain a marriage, because that marriage would have been invalid in their home state (the state in question), that marriage is (still) invalid in their home state. This law trumps marriage validation statutes in the states which have both. (See above.) Caveat: This chart is meant to be only a rough guide to the feasibility of bringing a gay marriage case in each state. Many other factors may have a bearing on the success of such a suit, including choice of law theories, adoption law, estate law, domestic partnership laws, court history on gay and marriage issues, etc., etc. Also of course critically important are the issues raised by plaintiffs; i.e., which if any state constitutional issues will be raised? Will federal constitutional issues be raised? (This means the eventual possibility of going to federal court, which is considered by many legal scholars to be a less promising route than many state courts.) Again, this flyer is intended as merely a thumbnail sketch. All information herein should be double-checked. (Please forward any corrections or suggestions to the Forum on the Right to Marriage--address below.) Much thought and planning must go into the decision to bring a gay marriage case, as our common future depends on pursuing the best strategies possible. ERA (+) Alaska Colorado Connecticut Hawaii Illinois Maryland Massachusetts Montana New Hampshire New Mexico Pennylvania Rhode Island Texas Washington Wyoming GAY RIGHTS LAW (+) California Connecticut District of Columbia Hawaii Maine Massachusetts Minnesota New Hampshire New Jersey Rhode Island Vermont Wisconsin MARRIAGE VALIDATION LAW (+) Arizona Arkansas California Colorado Georgia Idaho Illinois Kansas Kentucky Michigan Minnesota Nebraska New Mexico North Dakota South Dakota Utah Wyoming SODOMY LAW (-) Alabama Arizona Arkansas* Florida Georgia Idaho Kansas* Louisiana Maryland Massachusetts*** Michigan Minnesota Mississippi Missouri* North Carolina Oklahoma* Rhode Island South Carolina Texas*** Utah Virginia ANTI-GAY MARRIAGE LAW (-) Alabama ? Alaska**** Arizona**** Arkansas**** California Colorado Delaware**** Florida**** Georgia**** Hawaii** Idaho**** Illinois**** Indiana**** Kansas**** Louisiana**** Maine**** Maryland** Michigan**** Minnesota**** Mississippi**** Missouri**** Montana**** Nevada New Hampshire**** North Carolina**** North Dakota**** Ohio Oklahoma**** Oregon Pennsylvania**** South Carolina**** South Dakota**** Tennessee**** Texas**** Utah**** Virginia**** Wyoming MARRIAGE EVASION LAW (-) Arizona District of Columbia Georgia Illinois Indiana Maine Massachusetts Michigan North Dakota Vermont Wisconsin -------------------------------------------------------- The Forum on the Right to Marriage (FORM) Box 8033 JFK Station Boston, MA 02114 (617) 868-FORM FORMNATL@aol.com HTTP://www.calico-company.com/formboston America Online: Keyword: GLCF Library. New Files -or- Legal Issues -or- Organizations Materials available: Flier (new) * General Quotations Hawaii Primer How You Can Help Ithaca Primer Law Chart Law Review Summary Legal History Legal Summary Marriage Primer Press Kit * Resources Timeline *available soon ############################## FORM is a national grassroots organization primarily engaged in education and outreach concerning the issue of same-sex marriage. FORM provides resources and training to similar locally based groups throughout country. FORM exists as well to facilitate and support the efforts of individuals, whether legal or legislative, that advance the cause of same-sex marriage in the United States. When feasible, FORM will work in concert with gay and lesbian political groups to optimize organized efforts to attain same-sex marriage rights. ########################################## --------(Please print out, cut here, and mailback)----------- Please help us to begin building the framework for legalizing same-sex marriage. _ Yes, I want to be a member of FORM. Please enter my membership at the following level: _ Individual ($20.) _ Household ($30.) _ Student/Low-income ($10.) (Please make checks payable to: Forum on the Right to Marriage (FORM), Inc.) _ Add me to your mailing list: __________________________________ __________________________________ __________________________________ _ I'm interested in becoming a FORM organizer/starting a chapter in my area. We hope that you will become involved in FORM. But the most important thing, in whatever aspect of gay rights we may be involved in, is that we as gay people share with those around us the truth of our lives. FORM's activities can serve only as an adjunct to individual gay men, women, and young people willing to reach out and change the hearts and minds of the American people. Thanks for your interest and your continued assistance in helping to make marriage a reality for the gay community. The Forum on the Right to Marriage (FORM) Box 8033 JFK Station Boston, MA 02114 (617) 868-FORM FORMNATL@aol.com The Forum on the Right to Marriage is a Founding Member of the New England Freedom to Marry Coalition. *********************************** Contributions to FORM go solely toward our efforts to obtain full marriage rights for same-sex couples.