From: FORMNATL@aol.com Date: Mon, 23 Sep 1996 22:32:15 -0400 Subject: MARRIAGE PRIMER Marriage Primer (revised 9/96) Gay people have been involved in relationships for as long as history can record. Depending on the cultural and legal environments in which they've lived, these couples have been accorded various forms and degrees of recognition; legal, social, and spiritual. In the modern United States, legal and religious recognition of couples are separate and distinct issues. Marriage licenses are granted by the state; spiritual ceremonies, though important to many people, are not required in order to obtain the civil right of marriage. In many other countries, this separation between church and state is not nearly as clear. For example, in Denmark, the church is "enmeshed" in the legal right of marriage in a way that's difficult for the American perspective to understand. But we must be clear up front that what we are working for is civil marriage rights for gay couples. Marriage laws are a state-by-state matter in the United States. There are no federal statutes directly defining marriage rights, although some do relate to them; i.e., for immigration and other purposes. Differences between marriage laws in different states are generally quite small; marriages recognized in one are nearly always valid in another, except at the margins. For example, in some states you can marry your second cousin; in others you cannot. In a few states, anti-gay provisions in the marriage laws are actually explicit; in most, though, it will be up to the courts, and perhaps the state legislatures, to more clearly define whether gay people will be able to marry. The federal "Defense of Marriage Act" may make the recognition of gay marriages more difficult in some states. No state or country in the world currently has full marriage rights for gay couples. Even in nations that come closest, such as Holland, there are such major exceptions as having the marriage recognized outside the country, the inability to adopt and raise children, etc. In May, 1993, the Hawaii Supreme Court ruled that marriage rights must be extended to same-sex couples unless the state can prove that continuing to discriminate against them is justifiable legal test, which the state is overwhelmingly likely to fail. If Hawaii does eventually begin issuing marriage licenses to gay couples, as is expected sometime around 1998, it will be the first modern jurisdiction to fully extend this right to gay couples. When the final Hawaii ruling does come down, the questions will then be: Will other states recognize these marriages, and, will other states begin allowing same-sex marriages to be contracted in their own states. "Test cases" will then be brought in select states, chosen based on complex legal factors most likely to ensure victory. The "ideal" would be couples who had lived in Hawaii for a very long time, and then moved to, say, Massachusetts, because of employment or other personally compelling reasons. Such couples will then likely want to establish the validity of their marriage in their new state, which they can do through judicial proceedings. Once it has been established that the "test" couple can marry, all same-sex couples will then have the right. State legislatures will also get involved in the issue, as has already happened in several states, either in favor or against same-sex marriage rights. What will then happen in individual states will be the result of a complex interplay between the courts, the legislatures, gay leaders and individuals, and public opinion. -------------------------------------------------------- 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. ##########################################