Facebook
Home State Laws Page 3

State Laws

Gay Marriage Laws in Colorado

Gay Marriage Laws in ColoradoIn Colorado,
gay marriage laws are moving toward achieving equality. While gay marriage is
not legal in Colorado, gay marriage laws allow for same sex unions, which
entitle partners to certain rights. In Colorado, gay couples can enter into a
designated beneficiary agreement which entitles them to certain benefits
regarding funeral arrangements and retirement plan disbursements. 


In addition,
partners can receive death benefits and inherit property. In the past, a will
was required to designate such rights. However, wills could not cover all
issues covered in a designated beneficiary agreement. In Colorado, gay rights
are taking a step toward the equality enjoyed by other individuals. In fact, gay
marriage laws are headed toward positive changes in most of the nation. 


In Colorado, gay marriage laws are moving toward achieving equality. While gay marriage is not legal in Colorado, gay marriage laws allow for same sex unions, which entitle partners to certain rights. In Colorado, gay couples can enter into a designated beneficiary agreement which entitles them to certain benefits regarding funeral arrangements and retirement plan disbursements. 
In addition, partners can receive death benefits and inherit property. In the past, a will was required to designate such rights. However, wills could not cover all issues covered in a designated beneficiary agreement. In Colorado, gay rights are taking a step toward the equality enjoyed by other individuals. In fact, gay marriage laws are headed toward positive changes in most of the nation. 
While the process seems rather slow, the impact of Bills like Bill 1260, can begin implementing  a positive change. These small steps will eventually lead to big changes in gay marriage laws.In 2009, Governor Ritter signed the bill that granted many rights that may eventually impact gay marriage laws in Colorado. Gay marriage is still banned in Colorado but civil unions are not specifically banned. 
While the laws does not specifically allow for civil unions,  Bill 1260 does allow couples certain rights that were not in place before. For example, non married couples can utilize these rights for the purposes of estate planning, medical decision making, the purchase of property and certain benefits that were not allowed previously. In fact, the bill allows for shared retirement plans and life insurance policies.
There is also currently a ballot measure which seeks to reword Colorado’s constitutional amendment, to allow marriage for any two consenting adults. If approved, the measure would override Amendment 43 which stated that marriage was union between a man and a woman. Many states use this wording in order put gay marriage laws in effect, without actually doing so. 
In other words, states forbid gay marriage by only legally allowing unions between a man and a woman. Gay marriage laws only have the strength of their wording. In fact, states that do not expressly forbid gay marriage, are more likely to allow couples at least some of the rights of marriage. Colorado is a good example of that. In fact, it appears that gay marriage laws are in the process of changing thanks in part to Bill 1260 and the current ballot measure.


While
the process seems rather slow, the impact of Bills like Bill 1260, can begin
implementing  a positive change. These small steps will eventually lead to
big changes in gay marriage laws.In 2009, Governor Ritter signed the bill that granted many rights that may
eventually impact gay marriage laws in Colorado. Gay marriage is still banned
in Colorado but civil unions are not specifically banned. 


While the laws does
not specifically allow for civil unions,  Bill 1260 does allow couples
certain rights that were not in place before. For example, non married couples
can utilize these rights for the purposes of estate planning, medical decision
making, the purchase of property and certain benefits that were not allowed
previously. In fact, the bill allows for shared retirement plans and life
insurance policies.


There is also currently a ballot measure which seeks to reword Colorado’s
constitutional amendment, to allow marriage for any two consenting adults. If
approved, the measure would override Amendment 43 which stated that marriage
was union between a man and a woman. Many states use this wording in order put gay
marriage laws in effect, without actually doing so. 


In other words, states
forbid gay marriage by only legally allowing unions between a man and a woman. Gay
marriage laws only have the strength of their wording. In fact, states that do
not expressly forbid gay marriage, are more likely to allow couples at least
some of the rights of marriage. Colorado is a good example of that. In fact, it
appears that gay marriage laws are in the process of changing thanks in part to
Bill 1260 and the current ballot measure.


Gay Marriage Laws in Wyoming

Gay Marriage Laws in Wyoming

In Wyoming, marriage is defined as a union between a man and a woman. In fact, Wyoming marriage laws predate the Defense of Marriage Act, which effectively prohibits the legal recognition of the marriage of a same sex couple because of the language contained within it. However, Wyoming marriage laws also allow for the legal recognition of marriages that were performed in another state, regardless of gender. 
As long as a same sex marriage was legally performed in another state, Wyoming marriage laws hold that marriage to be legally valid. While Wyoming marriage laws do not allow for same sex marriages, they will recognize one that legally took place in another state.
In Wyoming, marriage is only legally recognized when it is a union between an opposite sex couple. However, same sex couples are free to go to another state that legally recognizes gay marriage and get married in that state. That couple can then return to Wyoming and have their marriage legally recognized by the state.
In this way, same sex couples can enjoying the benefits of marriage by having their relationship legally recognized in Wyoming. Marriages between same sex couples, can be entitled to all of the rights and benefits associated with all marriages in the state of Wyoming. Marriages and same sex relationships, can enjoy equal rights in Wyoming as long as both were legally performed.
In Wyoming, marriage laws prevent same sex couples from legally recognizing their relationship unless that marriage was legally performed in another state. In addition, Wyoming currently has no laws against discriminating against individuals based on sexual orientation or gender identity. However, The Matthew Shepard Act was recently signed into law by the President. The events that led to the Act, took place in Wyoming. Matthew Shepard, who identified himself as gay, was beaten into a coma by two men. He later died as a result of his injury’s. 
Later, it would be revealed that the men searched for a gay man to attack and their crime was said to be a hate crime. Due to the extreme nature of the crime, residents of Wyoming are more aware of the issues that members of the LGBT community are faced with. In fact,many believe that Wyoming may be open to allowing the recognition of same sex relationships because of the discrimination that is associated with forbidding them. 
Like many states, the battle for equal rights continues for the LGBT community in Wyoming. Marriage, or the recognition of a same sex relationship, would be a giant step towards equality.

Gay Marriage Laws in Tennessee

Gay Marriage Laws in Tennessee

 In
Tennessee, gay marriage is not currently legal. According to state laws in Tennessee,
marriage consists of a union of one man and one woman. In fact, Article XI
states that “any law, policy or judicial interpretation,” of marriage
as anything other than a legal contract to join one man and one woman, is
contrary to public policy and should void and therefore, not legally
recognized. In addition, the state does not recognize legal same sex marriages
performed in another state. In Tennessee, marriage is strictly defined by state
laws and the state’s constitution.

In Tennessee, gay marriage is also forbidden by Title 36, which says that
family is essential to society and that any other definition of marriage puts
society at risk. In fact, Tennessee law states that marriage is unique in its
rights and responsibilities and any alteration of the definition is detrimental
to society. In essence, families are run by one man and one woman and any
variation of that, will pose a danger to the natural order of society. The
union of one man and one woman, is the only acceptable definition of marriage
in Tennessee.  

Gay marriage in explicitly forbidden in several aspects of
the laws in Tennessee. Marriage of same sex individuals is contrary to the
public policy of Tennessee. In addition, lawmakers believe that marriage is the
link that holds families together in Tennessee. Gay couples are explicitly
forbidden form enjoying any of the rights or benefits of marriage.

Tennessee is
one of a few states to include such strong language in their laws relating to
marriage. In fact, their laws contain language that question the morality of being
a part of a same sex couple. The laws state that opposite sex couples add to
the bond in society in Tennessee. Marriage is claimed to be the bond that holds
families together.



The laws in Tennessee are currently prohibitive to the legal recognition of
same sex couples. However, the Federal government is likely to address the
issue in the immediate future. For the most part, the argument is that most
people believe that marriage, or the legal recognition of a same sex
relationship, is an equal right. 

In essence, many people believe that same sex
couples are entitled to the same rights as opposite sex couples. In Tennessee,
gay rights are clearly violated not only by the laws, but by the language of
the laws. Laws and their language must be addressed in Tennessee. Marriage must
be available to all individuals in order to ensure equal rights.



Gay Marriage Laws in Texas

Gay Marriage Laws in Texas

In Texas,
marriage is defined as a union between an opposite sex couple. In addition, no
form of a same sex relationships are recognized in Texas. Gay marriages are
strictly forbidden for two reasons. First, the state enacted the Defense of
Marriage act, which defines marriage as a union of a man and a woman. 

In
addition, the state passed a constitutional amendment banning same sex marriage
in 2005. However, there have been some legal challenges to the amendment and to
the wording of the amendment. In the meantime, Texas marriage consists of a
union between a man and a woman and all other unions are legally prohibited.



The first challenge towards the definition of marriage in Texas is that it
violates individual civil rights. By prohibiting individuals from getting
married, they prohibit them form obtaining the rights of marriage. In essence,
LGBT individuals lose their right to marry and they lose any rights and
responsibilities associated with marriage in Texas. 

Gay couples currently have
no legal recourse in order to obtain the rights offered to other
individuals.  In addition, the wording of the amendment is claimed to have
made marriage illegal in Texas. Marriage is clearly defined and followed by
forbidden acts such as issuing a marriage license to a same sex couple. 

The
amendment also includes wording that forbids state and local governments from
recognizing any union that resembles marriage. In essence, marriage resembles
marriage and some people claim that the law prohibits all couples from getting
married. Legal challenges are currently in progress in Texas. Gay marriage
advocates are excited that the state may very well have outlawed marriage and
in fact, provided equal rights for everyone by doing so.


In Texas, gay marriage is currently illegal. In fact, some claim that marriage
is illegal all together in Texas. Marriage has been clearly define by laws in Texas.
Gay marriage was banned by the recent enactment of laws that strictly define
marriage as a union between opposite sex couples. However, the language
contained within the laws is currently being challenged on several fronts. In Texas,
marriage may not currently be legal for any couple. Legal challenges may force
Texas to repeal the law and begin the process all over again. Many are hoping
that they will reconsider their current ban on gay marriage.


Gay Marriage Laws in Utah

Gay Marriage Laws in Utah

In Utah,
marriage is strictly defined as a union between one man and one woman. In fact,
the state does not recognize any legal rights regarding any same sex
relationships. In addition to the Defense of Marriage Act, Utah passed
constitutional amendments banning gay marriage. In many states, the
constitutionality of banning gay marriage is being challenged in the courts. 

Many claim that such a ban is a violation of an individual’s constitutional
rights. In Utah, gay marriage is explicitly forbidden by the law’s of the
state. By banning gay marriage, the state violates individual rights on several
fronts. First, the state is preventing  couples access to their right to
marry. In addition, the couples are not entitled to the rights and
responsibilities acquired through marriage. In Utah, gay couples cannot receive
any rights or responsibilities that relate to their relationship.

In Utah, marriage is currently viewed as a unique relationship between a man
and a woman.  However, in 2005, a bill was introduced that would have
allowed same sex couples to enter into a reciprocal benefits agreement in Utah.
Gay couples would have been able to enter into an agreement that would have
offered them some of the legal benefits of marriage. However, the bill was
defeated by the Senate. 


In Utah, marriage is currently only allowed for a
couple that consists of one man and one woman. In addition, same sex couples
have no access to any legal  recognition of their relationship. Because of
the lack of legal recognition, couples have no protection granted for the
rights that should be afforded to any couple in Utah. Gay rights advocates
state that the rights of marriage include things such as inheritance, shared
property, and the right to make health car decisions for partners. In Utah, gay
couples are unable to enjoy any of those rights.


In Utah, gay marriage is prohibited. In addition, there is no legal recognition
afforded to same sex relationships in any form. Same sex couples have no legal
recourse if a partner should die, or if the couple should separate. It can be
very difficult for a partner to prove ownership of property or assets, if there
is no written documentation. 


In addition, no written documentation pertaining
to their relationship will be legally  allowed and therefore, an
individual will have no proof of ownership. In Utah, marriage is the only
legally enforceable relationship contract.  In fact, in Utah, Marriage is
considered a sacrament of the church and the church does not condone same sex
relationships. The separation of church and state, is seriously lacking in the
marriage law’s of Utah.

Gay Marriage Laws in Vermont

Gay Marriage Laws in VermontIn Vermont,
gay marriage is currently legal. In fact, Vermont was the first state to
legally recognize civil unions and they did so without a court ruling in 2000.
In Vermont, gay marriages and civil unions are both afforded the same rights as
marriage. In 1999, the state Supreme Court ruled that the right to marry, was an
entitlement offered to all individuals, regardless of gender. 


The courts ruled
that prohibiting a legal recognition of same sex relationships, was a violation
of the states constitution which ensures equal rights. In Vermont, marriage is
a union of two people and marriage is not defined by gender. However, civil
unions performed in Vermont, may not be recognized outside of the state unless,
the other state has similar laws regarding civil unions. In addition, same sex Vermont
marriages may only be recognized in other states that have legalized gay
marriage.

In Vermont, gay marriages and civil unions are offered all of the same rights
generally reserved for marriage. In fact, Vermont allows its residents to
dissolve civil unions in the same way that a divorce legally ends a marriage.
For instance, couples are legally able to distribute assets and property after
a relationship ends. In addition, individuals can collect alimony or separation
payments.  However, couples must be residents of Vermont in order to have
their divorce legally recognized by the state. For instance, a couple cannot
marry in Vermont, move to Kansas for ten years and then get divorced in Vermont. 


Marriages must legally end in a state that has jurisdiction over the union. In
other words, a couple that has moved to another state, may have no legal
recourse regarding their divorce, unless their state of residency, recognizes
the marriage.  In addition, the law also states that no individual should
marry in Vermont and purposely move to state where gay marriage is illegal. If
in fact, a couple tries to knowingly take advantage of Vermont’s marriage laws,
the marriage is considered void.

In Vermont, gay marriage laws were prohibitive and it took great efforts to
change them. In fact, the governor vetoed the original bill that would have
legalize gay marriage. However, the veto was overturned by the legislature. It
did however, take two years from the bills introduction, for gay marriages to
be legally permitted in Vermont.  Gay marriages are legally recognized as
of, September 2009. In Vermont, marriage is a union of two people, regardless
of gender.

Gay Marriage Laws in Virginia

Gay Marriage Laws in VirginiaIn Virginia,
marriage is strictly defined as a union between one man and one woman.There is
no legal recognition of gay marriage, civil unions or domestic partnerships in
Virginia. Marriage attorneys are set to challenge the constitutionality of the
the state’s legal definition of marriage in Virginia. 



Marriage was defined in
the  Marshall-Newman Amendment which was ratified and added to the state’s
constitution in 2006. The amendment explicitly defines marriage as a union of
an opposite sex couple. In Virginia, marriage attorneys are set to challenge
the validity of the law and its implications on equal rights for the LGBT
community.

The Marshall-Newman Amendment explicitly denies legal recognition for same sex
relationships in Virginia. Marriages and any agreements that result form a
marriage, must be between opposite sex couples to ensure legality. In fact, the
amendment is under fire for containing language that bans any legal contracts
between same sex couples. 



Many claim that the amendment removes many rights
from same sex couples that they are otherwise afforded in many other states. In
addition to prohibiting same sex marriages, the state also prevents legal
recognition for any documentation that results form a same sex relationship.
Perhaps, as many claim, the amendment prevents couples from entering into any
legal contracts whatever. 


These contracts could include wills, medical and
legal powers of attorney, and ownership of joint property or assets. However,
the law is not yet clear and is set to be challenged by several Virginia
marriage attorneys. If in fact agreements between same sex couples are held to
be invalid, The United States Supreme Court will certainly be asked to
intervene.

Because of unclear laws, Virginia marriage attorneys may be hesitant to help
same sex couples enter into any legal contracts at all. In fact, those
contracts may be invalidated by the courts, based on the Marshall-Newman
Amendment and attorneys may not wish to be involved in contracting agreements
that will not be upheld by the courts.


In Virginia, marriages between same sex
partners are prevented from being legally recognized, and any documentation
that results form that relationship has the potential of being invalidated by
the courts. Virginia marriage attorneys may advise same sex couples that their
relationship is afforded no legal rights at all in Virginia. Marriages
performed legally in other states, will also not be recognized in Virginia,
unless they adhere to Virginia’s laws. Currently, there is noting that
resembles equal rights for the LGBT community in Virginia. However, legal
challenges are likely to change that.

Gay Marriage Laws in Washington

Gay Marriage Laws in WashingtonCurrently,
Washington state offers no legal recognition for gay marriage. The state
enacted the Defense of Marriage  in 1998 and the act was upheld by the
courts. In fact, the State’s Supreme Court decided that the state did indeed,
have the power to limit marriage to opposite sex couples. Yet, the language of
the law only forbid same sex marriage, not recognition of other same sex
relationships in Washington. 



Marriage was seen as unique by its definition,
However, Washington state marriage laws do allow for the recognition of
domestic partnership as long as it is defined as such. With this legal recognition,comes
the right, benefits and responsibilities generally reserved for marriage in Washington
state. Marriage’s only benefit over domestic partnership, is the right to call
the union a marriage.

In Washington state, marriage is sill defined as a union between one man and
one woman. However, domestic partnerships entitles same sex couples to many
rights that they do not have in many states. For instance, same sex couples are
able to inherit property from each other, even in the absence of a will. In addition,
they can own property and assets jointly. Domestic abuse laws also apply to
domestic partners, when they do not apply in many other states. One aspect of
marriage that many people fail to think about, is the right to not testify
against a spouse. 



In Washington state, marriage and domestic partnership
entitled partners to the right to avoid testifying against their partners in a
court of law. In addition, domestic partners are entitled to a legal
dissolution of their relationship. 


While there are a few restrictions, couples
are entitled to the same rights as divorce. For example, one partner may be
entitled to alimony payments or child support. In addition, the property and
assets will be distributed according to the rules of the court, as they would
apply to divorce in Washington. Marriage receives no special considerations
over domestic partnerships.

In Washington, marriage is defined as a union between an opposite sex couple.
However, domestic partnership entitles couples to the same rights as a married
couple in Washington State. Marriage and domestic partnerships are seen as
equal by the courts when they begin and in the even that they end.


Couples in
both relationships, are entitled to a legal recognition for their relationship,
in addition to a legal recognition should the relationship end in Washington.
Marriage is seen as a separate relationship from domestic partnerships, but
both relationships enjoy the same rights and responsibilities.

Gay Marriage Laws in West Virginia

Gay Marriage Laws in West Virginia

 

West Virginia marriage laws only allow for one man and one woman to enter into marriage. In, West Virginia marriage was clearly defined with the enactment of the Defense of Marriage act. However, a bill that would have amended the constitution to ban same sex marriage, was voted down in 2009. In fact the amendment was reintroduced and voted down again. Yet, there are no laws preventing discrimination based on sexual orientation or gender identity.

In West Virginia, marriage laws are the only laws that currently apply to the LGBT community. They are prevented form getting married, but unable to legally protect themselves from discrimination. Perhaps, discrimination laws would be utilized to fight the ban on gay marriage and that is why there are none in place.

West Virginia law on marriage explicitly forbid the legal recognition of same sex marriage. However, the state's constitution is without an amendment that bans gay marriage. In fact, a proposed amendment that would ban gay marriage, was voted down twice. 

Law makers have claimed that there are much more pressing issues that should be dealt with before they decide on the legality of gay marriage in West Virginia. Marriage is already defined by the Defense of Marriage Act and lawmakers feel that it deserves no further protection.

Conversely, there are no legal protections against discrimination in the LGBT community. However, the state's laws regarding domestic violence, protect all couples, regardless of gender in West Virginia. Marriage laws however, do not allow for any legal recognition for same sex couples. In fact, same sex couples are not entitled to any of the rights, benefits or responsibilities afforded to married couples in West Virginia. 

Marriage is seen as a unique relationship, that is entitled to special rights and protections, that are not afforded to any other relationship, same sex or otherwise. However,many law makers in West Virginia, believe that banning gay marriage in the constitution, would be akin to making discrimination legal. Therefore, there does not seem to be a rush to ban gay marriage in West Virginia. 

Marriage should not be banned for the LGBT community because it is a form of discrimination by preventing equal access to the benefits of marriage. Perhaps, that is why the state offers no legal protection form discrimination in West Virginia. Marriage laws should be changed to offer some legal recognition for same sex couples, so that they can enjoy equal rights.

Gay Marriage Laws in Wisconsin

Gay Marriage Laws in Wisconsin

Currently, Wisconsin marriage laws forbid the legal recognition of same sex marriages. However, the state has not yet enacted the Defense of Marriage Act. Yet statutes define marriage as a union between a man and a woman in Wisconsin. Marriage was defined in early statues and in a constitutional amendment in 2006. 

However, as of August 2009,  domestic partnerships are legally allowed in Wisconsin. Marriage laws prevent domestic partners from having the designation of marriage, but they are entitled to the rights of marriage in Wisconsin. Marriage rights are granted equally to couples in the state. In fact, the state also allows for a legal termination of a domestic partnerships in the same way that it allows for divorce.

Domestic partners are entitled to all of the rights and responsibilities, normally reserved for marriage. In fact, domestic partners are covered under the state's family leave act. In many states, same sex couples are not afforded the right to take leave from work in order to care for each other. However, Wisconsin law on marriage mirror the laws that domestic partnerships abide by, and therefore, partners can take paid leave from work. 

In addition, domestic partners are entitled to shared property and assets, as well as the right to inherit said property, in the absence of a will in Wisconsin. Marriages and Domestic partnerships also entitle partners to visit each other in the hospital and in prison. Domestic partners can also be entitled to make any medical decisions regarding their partner in Wisconsin.

Marriage laws generally reserve those rights for spouses and relatives in other states.  This can be an important designation, because without the domestic partnership, there would be no recognition of the relationship and partners would not be considered family. 

In addition, domestic partners are able to dissolve the relationship in the same way that a divorce takes place. In order to dissolve the relationship, couples must get certification from the state that says the relationship has ended. In Wisconsin, marriage and domestic partnerships, receive equal legal consideration.

In 1982, Wisconsin became the first state to forbid discrimination based on sexual orientation. In fact, it would be almost a decade before any other state took such action and almost thirty years before a federal law addressed the issue.In addition, Wisconsin marriage laws did not explicitly forbid legal recognition of same sex relationships. 

Therefore, domestic partnerships became legally recognized, providing equal access to the rights normally reserved for marriage. By allowing domestic partnerships, Wisconsin marriage laws avoid discriminating against individuals based on their sexual orientation.

1234...6Page 3 of 6
Advertisement
Facebook

EVEN MORE NEWS

POPULAR CATEGORY

©

Attorneys, Get Listed: 30% off

Get FREE Coupon
X