Same-sex marriage

For that are different from marriages, see the articles linked in that section.

Some definitions

Marriage

In modern usage, marriage is a socially sanctioned, voluntary, legally contracted union, typically of two adult people, which confers certain rights, priveliges and responsibilities. There are religious marriages (which may or may not be legally recognised) and civil marriages, state-sanctioned legal marriages, (which may or may not be recognised by religious organisations). In some countries religious marriage and civil marriage occur simultaneously, while in others a religious marriage is not considered legal until the proper papers are filed with the state, or, rather less commonly, a legal ceremony is performed. For further information, see marriage.

In the historical context, marriage is often not so easy to define. In various societies there may have been marriage-like unions that do not fit the modern definition of marriage. These are noted where applicable.

Same sex marriage

In the context of same-sex marriages, and throughout this article, same-sex refers to two people of the same gender. In this context, same-sex is not synonymous with gay, lesbian, or homosexual, nor with bisexual, transgendered or transsexual, but "same-sex marriage" may, depending on the couple and the jurisdiction, refer to marriages between two adults from any of those groups.

In this article, the inclusive term "same-sex marriage" is used throughout. Where necessary for clarity, the terms "gay", "lesbian", "bisexual," and "transsexual" are used (there are a number of reasons for this; please see the for more details).

History of same-sex marriage

The east

For detailed information, please see Homosexuality in Japan, Homosexuality in China, History of homosexuality.

Same-gender romantic love or sexual desire has been recorded from ancient times in the east. Such desire often took the form of same-sex unions, usually between men, and often included some difference in age (there is far less information available on relationships among women in ancient times. This may in part reflect a philosophy that saw writing about women as unnecessary or inappropriate, or may be because same-sex attraction between women was not valued as it was between men, or may even be because women were not afforded equal status with men, so that, while men were free to pursue sexual and romantic pleasure both within and without marriage, women often were not).

In China, especially in the southern province of Fujian where male love was especially cultivated, men would marry youths in elaborate ceremonies. The marriages would last a number of years, at the end of which the elder partner would help the younger find a (female) wife and settle down to raise a family.

The west

There is a long history of same-sex unions in the western world. That many early western societies tolerated, and even celebrated, same sex relationships is well-known. Evidence of same-sex marriage, however, is less clear, but there exists some evidence, often controversial, of same-sex marriages in ancient Rome and Greece, and even in medieval Europe. Same-sex unions have also been recorded among Native Americans and Africans. In ancient Rome, for example, the Emperor Nero is reported to have married, at different times, two other men in wedding ceremonies. Other Roman Emperors are reported to have done the same thing. The increasing influence of Christianity, which promoted marriage for procreative purposes, is linked with the increasing intolerance of homosexuality in Rome.

Same-sex marriage has been documented in many societies that were not subject to Christian influence. In North American, among the Native American societies, it has taken the form of two-spirit-type relationships, in which some members of the tribe elect to take on female gender with all its responsibilities. They are prized as wives by the other men in the tribe, who enter into formal marriages with these two-spirit men.

In Africa, among the Azande of the Congo, men would marry youths for whom they had to pay a bride-price to the father. These marriages likewise were understood to be of a temporary nature.

Finally, in Europe during Hellenic times, the relationships between Greek men and youths who had come of age were analogous to marriage in several aspects. The age of the youth was similar to the age at which women married (the mid-teens), and the relationship could only be undertaken with the consent of the father. This consent, just as in the case of a daughter's marriage, was contingent on the suitor's social standing. The relationship, just like a marriage, consisted of very specific social and religious responsibilities, and also had an erotic component.

Modern same-sex marriage

Same-sex marriages currently are legally performed only in the Netherlands and Belgium. For the time being, the Canadian provinces of Ontario and British Columbia have also legalized same-sex marriage. Recently, the term "same-sex marriage" has been displacing "gay marriage", the term being perceived as less value-laden for the union of two partners of the same sex and also being more inclusive of bisexuals.

Other forms of same-sex partnership

The movement towards the legal recognition of same-sex marriages has resulted in changes in the law in many jurisdictions, though the extent of the changes have varied:

• Civil unions provide most of the rights and responsibilities of same-sex marriage, but use a different name for the arrangement. They exist in several European countries as well as in the U.S. state of Vermont, the Canadian provinces of Quebec and Nova Scotia, and the city of Buenos Aires, Argentina.
• Domestic partnerships or registered partnerships provide varying degrees of privileges and responsibilities, usually far fewer than those found in civil unions. Their purpose is not limited to same-sex arrangements and they exist in many jurisdictions.

Even in jurisdictions where they are not legally recognized, many gay and lesbian couples choose to have weddings (also called "commitment ceremonies" in this context) to celebrate and affirm their relationship, fulfilling the social aspect of a marriage. Such ceremonies have no legal validity, however, and as such do not deal with issues such as inheritance, property rights or social security.

Some writers have advanced the idea that the term "marriage" should be restricted to a religious context and that state and federal governments should not be involved in a religious rite. Some regard this as a governmental intrusion into religion; they believe that all statutes involving domestic contracts should replace the word "marriage" with "domestic partnership" and thus bypass the controversy of gender. This would then allow a domestic contract between any two individuals who have attained their majority.

Legal recognition of same-sex marriage

In the late 20th and early 21st centuries, there has been a growing movement in a number of countries to regard marriage as a right which should be extended to same-sex couples. Legal recognition of a marital union opens up a wide range of entitlements, including social security, taxation, inheritance and other benefits unavailable to couples unmarried in the eyes of the law. Restricting legal recognition to opposite-sex couples excludes same-sex couples from gaining legal access to these benefits, and while opposite-sex unmarried couples without other legal impediments have the option of marrying in law and so gaining access to these rights, that option is unavailable to same-sex couples. Similarly, though certain rights extending from marriage can be replicated by legal means (for example, by drawing up contracts), many cannot; thus, despite the presence of legal contracts, same-sex couples may still face insecurity in areas such as inheritance, hospital visitation and immigration. Lack of legal recognition also makes it more difficult for same-sex couples to adopt children.

Opponents of same-sex marriage

Some opponents object to same-sex marriage on religious grounds, arguing that extending marriage to same-sex couples undercuts the conventional meaning of marriage in various traditions, and does not fulfill any procreational role. In countries with monogamous marriages only, some opponents also claim that allowing same-sex marriage will re-open the door to the legalization of polyamorous marriage, or to marriage between family members, or to marriages of convenience contracted for tax or other reasons. Some object on the grounds that same-sex couples should not be allowed to have or adopt children, and that same-sex marriage would make those adoptions easier. Others simply do not recognize any pressing need for same-sex marriages.

Some libertarians object to same-sex marriage because they are opposed to any form of state-sanctioned marriage, including opposite-sex unions.

Many other people, while tolerant towards the sexual behaviour of others, see no reason to alter their society or government's traditional attitudes towards marriage and family.

Proponents of same-sex marriage

Proponents point out that traditional concepts of marriage have already given way to liberalization in other areas, such as the availability of no-fault divorce and the elimination of anti-miscegenation laws. They also suggest that many people in modern societies no longer subscribe to the religious beliefs which inform traditional limits upon marriage, and no longer wish these beliefs to constitute the law. In fact, there are some religions that celebrate same-sex weddings or commitment ceremonies already; in Canada, for example, the United Church of Canada, the country's largest Protestant denomination, has striven for the legalization of same-sex marriage.

In the United States, proponents of equal marriage rights for same-sex couples point out that there are over 1,049 federal rights and benefits denied same-sex couples by excluding them from participating in marriage. A legal denial of rights or benefits afforded to others, they say, directly contradicts the 14th Amendment of the US Constitution which provides for equal protection and substantive due process under the law, meaning that rights conferred to one group cannot be denied to another. In the 2003 case before the Supreme Court titled Lawrence v. Texas, the court held that intimate consensual sexual conduct was part of the liberty protected by substantive due process under the Fourteenth Amendment. Many proponents of same-sex marriage have noted that this ruling paves the way for a subsequent decision invalidating state laws prohibiting same-sex marriage.

In June 2003 the British Government published what was described as a consultation document for England and Wales: "Civil Partnership - a framework for the legal recognition of same-sex couples" which describes a system of official registration of same-sex partnerships.

83% of responses support, in principle, a civil partnership scheme.

On 30 September 2003, the Scottish Executive published a consultation paper concerning a similar scheme for Scotland.

Some conservative proponents of equal marriage also say that the institution of marriage would be strengthened by making it available to more people, and argue further that same-sex marriage would encourage gays and lesbians to settle down with one partner and raise families.

Terminology

See also

• Ted Nebbeling
  • The world's first cabinet minister, and possibly the highest elected official, to marry a same-sex partner.

External links

• Frequently Asked Questions: Goodridge et al. v. The Department of Public Health by the Human Rights Campaign
• Stonewall campaign in the UK for links to government papers in PDF format

Referenced By