Subject: LAW CHART (Please update on websites.) (see Mississippi mar)
From: [email-masked]
Date: Mon, 18 Aug 1997 21:23:02 -0400 (EDT)

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
[email-masked]
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
[email-masked]

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.