Civil Unions vs. Gay Marriage

When a large amount of heterosexual couples began to establish committed, co-habitating relationships without marriage, governments recognized the need for de facto, or 'common-law', spousal rights by passing laws providing property, custody and dependent rights to de facto partners. Similar arrangements have been made in various areas as a way of legally recognizing the committed relationships of gay couples, in a mix between de facto partnerships and marriage called a civil union.

There have been arguments in the gay marriage debate about gay civil unions from both supporters of gay marriage and anti-gay marriage groups. Supporters of gay marriage argue that civil unions cannot replace the right to marry and are a way of segregating gay couples. This argument is based on the fact that heterosexual couples can access two legal avenues to register their commitment: marriage, which requires a ceremony and a signed legal document, or de facto partnership, which requires no contract at the time and only basic proof at dissolution if there are any property disputes. Gay couples can only access civil unions, a separate entity.

Why Gay Marriage is Important

The gay marriage debate is a gay rights issue because preventing gay people from marrying sets them aside from mainstream society. Refusing to allow gay couples the right to marry is an acknowledgement that gay couples are not in the same sort of relationships as heterosexual couples, and gives a message that gays and lesbians are not capable of forming a regular family unit.

Gay rights activists argue that refusing to allow gay couples to marry is equal to refusing to let any other minority marry – discriminating by withholding common rights. Marriage not only provides financial and social benefits and security, it is a traditional way of recognizing family attachment in cultures.

The Debate on Gay Marriage

The gay marriage debate has occurred because marriage is not only a social but a legal institution. This means that couples wishing to marry must have the approval of the local authorities, and until recently only two people of opposite sexes applied for approval.

Some of the pros and cons of same sex marriage:

• Although part of the debate stems from homophobia, some of the arguments have been presented by people who otherwise support gay rights. In these cases, the argument is that marriage is a heterosexual institution as its purpose is procreation, and it is reasoned that gay people have no need to marry.
• Gay rights activists argue that refusing gay couples the right to marry is discrimination. As marriage is a legal act, preventing gay couples from marrying also prevents them from accessing certain legal privileges that marriage endows.
• A compromise has been attempted in several areas by allowing gay couples to enter into a civil union, with many, if not all, of the privileges of marriage. However, gay rights activists argue that this is another way to separate gays and lesbians from mainstream society.
• Another part of the debate involves trans-gender and transsexual people, who may not necessarily be gay. Many countries do not allow a post-operative transsexual to change their gender legally, and thus prevent them from marrying a member of the opposite sex.

Big Events in Gay Marriage

Many protests have been made around the world over the absence of gay marriage rights. Some of these have taken the form of local governments approving gay marriages to test the existing marriage laws of their country. Here are some of the big events:

• In France in 2004, Noel Mamere, the mayor of Begles conducted a same-sex wedding ceremony. The marriage was later voided and the mayor faced death threats.
• In the US, there was a test of San Francisco gay marriage law. In 2005, marriage licences were issued to 4,037 same-sex couples. In all, 3,995 gay marriages were performed before the Supreme Court issued a stay of proceedings and voided the marriages. The rebellion showed the overwhelming support in the gay community for marriage.
• In Oregon, when Multnomah and Benton counties fought the state to be allowed to perform same-sex marriages, Benton county officers refused to perform ceremonies of any kind until a decision was reached by the court. Benton county officers received threats and reprimands during the period gay marriage licences were issued.

In many other cases around the world, gay couples have been married in a country allowing gay marriage and fought to have their marriage recognized in their home country. While these attempts have often failed, the successful attempt creates a precedent that allows all gay couples to access the same avenue to marriage.

The Future of Gay Marriage

Marriage laws are constantly being tested by gay rights activists and gay couples wishing to be married. Couples travel overseas to countries that allow gay marriage and on their return petition their local courts for recognition of their marriage. As overseas opposite-sex marriages are usually recognized in a home country, gay couples argue that to deny recognition of their overseas gay marriage is discrimination.

Many of these cases fail, but successful cases establish precedents that give all gay couples an avenue to marriage.

Legislation to allow gay marriage has been introduced in various countries, including Estonia, Australia, several states in the US, China and many others. These proposed legislatures have so far all been defeated, but a study of votes shows that each law came very close to being passed, with most being defeated by a small percentage.

In the US, tests of laws concerning gay marriage in New York have so far failed, as have Hawaii gay marriage challenges. California gay marriage law was tested by a San Francisco gay marriage attempt in 2005, where marriage licences were issued to over 4,000 couples. Although the marriages were voided, it showed the support gay marriage has in California.

The US President's Views on Gay Marriage

Current President of the United States, George W. Bush, does not support gay marriage. The Republican Party, to which he belongs, recently attempted to introduce a federal law gay marriage ban in America. The gay marriage ban law was not passed, but another attempt may be made.

The Republican Party and conservative politics have a history of arguing against gay rights.

History of Gay Marriage