A glimpse into the legalities shaping same-sex marriages
Society's definition of a family is beginning to become more inclusive of the array of diverse structures that are emerging, including single mothers, single fathers, and grandparents raising children. However, still today, lesbian or gay couples are rarely classified within the realm of a normal, functional family. On the other hand, lesbian and gay couples often consider themselves to be families. Throughout recent decades, same-sex couples have sought to attain societal recognition of their varied family structures. This all began in the early 1970s, when lesbian and gay couples began applying for marriage licenses or taking other steps to legally bind their relationship. Yet the majority of these inchoate efforts led to failure.
By the mid-1980s, the emphasis had changed to seeking "domestic partnership" recognition for same-sex couples instead of striving for the opportunity to marry, although there are still groups seeking to make marriage available to gays and lesbians in our society. Concurrently, the desire to marry has again emerged. Some couples are applying to the state for marriage licenses and suing their states when their requests are denied. Many others are participating in their own private ceremonies that are sanctioned by their friends, families and spiritual communities.
An interesting paradox reflects the fact that some within the lesbian and gay community foster a general ambiguity over the marriage issue. The community consists of a tremendous number of people of every conceivable age, race, religion, lifestyle, income and opinion. It is impossible to persuade such a diverse group of people to support an issue with all of their political weight. Some may argue that regardless of any individual's desire to get married, the community as a whole should support official recognition of their right to do so. Yet there are those who criticize marriage as a sexist and patriarchal institution that should be avoided. Some do not wish to risk any potential repercussions involved in supporting or absconding the marriage issue while others are simply ambivalent about what they believe.
What about marriage?
Marriages between two people of the same sex are currently legal only in Hawaii. In all other states, couples must be of the opposite sex in order to form a marriage that is legally bound. Recently, the state courts in Hawaii judged that the state's constitution prohibits denying a marriage license based on the sex of the applicants. This controversial decision was considered a milestone victory for gays and may pave the way for similar actions in other states.
Even though most states do not allow same-sex marriages, many companies and other organizations are adopting policies accepting same-sex relationships. Such policies range from fair housing regulations to granting traditional marital benefits, such as insurance coverage, to same-sex partners. Some cities have even created a "domestic partnership" category, as mentioned previously, for both gay and heterosexual couples who live together unmarried. Such laws provide some of the same legal rights for these couples as for married couples, such as health insurance coverage for the partner, family leave to care for the partner, bereavement leave, etc.
The living together contract