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Gay Marriage Laws in Missouri

Gay Marriage Laws in Missouri

 

On December 25, 2009, in Missouri, gay highway state trooper Dennis Engelhard was struck and killed by an oncoming vehicle when he stepped out of his patrol car to set up flares for the scene of another accident. The 10-year veteran left behind a life partner of fifteen years, as well as a son. Due to anti-gay Missouri marriage laws, however, which refuse to recognize same-sex domestic partnerships, no benefits will be provided to his partner. If Engelhard had been married, though, or, if his relationship had been legally recognized in the state of Missouri, his partner would have been entitled to benefits from the state pension system, totalling more than $28,000 a year. Benefits, which would have undoubtedly helped the widowed man in raising the son of Engelhard.

Although Missouri may be known as the "Show Me" state, as one can see from such examples, it certainly shows no support whatsoever of equal rights for it's homosexual residents. The Missouri gay community faces an uphill battle in trying to change the discriminatory Missouri law on marriage, especially after a constitutional amendment was enacted on November 2, 2004, which officially bans the marriage of same-sex partnerships.

The state's vote regarding the Missouri marriage laws and Missouri gay rights was the first chance that voters anywhere in the country, had to voice their opinions on the matter since the state of Massachusetts made history months earlier by being the first in the nation to allow gay, lesbian, and transgender couples to legally marry and receive marital rights. Although a majority vote in favor of the Missouri gay marriage ban was indeed expected, the turnout was roughly 400,000 more than anyone expected, especially for a primary election. Roughly 1.5 million residents of Missouri, gay and straight, stepped up to cast their vote on various issues, but the most controversial being the anti-gay Missouri marriage laws.

Since the 2004 passing of the constitutional amendment, Missouri Marriage Laws currently state the following:

It is public policy of the state of Missouri to only acknowledge marriage between between a man and a woman.

Any marriage not between a man and a woman is invalid.

No recorder can issue a marriage license, except to a man and a woman.

A marriage between two people of the same sex will not be acknowledged, for any purpose, in this state of Missouri, even if it is valid where contracted. 

Gay Marriage Laws in Montana

Gay Marriage Laws in Montana

 

In Montana, marriage for same-sex partnerships was officially banned in a constitutional amendment on November 2, 2004. Montana was joined by ten other predominantly conservative Midwestern states that day, and any hopes that the Montana gay community had for same-sex Montana marriage rights quickly came to a standstill when the bill was passed, as predicted, by a 67% majority vote.

Known as Initiative 96, the change to the Montana Constitution includes the addition of a formal definition of a legal Montana marriage, one which states that "only a marriage between one man and one woman shall be valid or recognized as a marriage in this state." This can be found in Article XIII, Section 7 of the state's constitution.

The decision for the ban came just a few months after the state of Massachusetts made history by being the first in the nation to allow gay, lesbian, and transgender couples to legally marry and receive marital rights. Although Montana already had a strong anti-gay marriage outlook and never recognized same-sex marriages or civil unions to begin with, conservatives wanted Montana marriage to be defined as a strictly heterosexual institution in their constitution. The amendment, however, does not necessarily ban civil unions, or, any other legal protections, for that matter.

 And so, in 2009, a domestic partnership bill was proposed that aimed to take certain measures to protect against discrimination based on a person's sexual orientation or gender identity. If passed, the bill would have included basic rights such as hospital visitation and joint property ownership. However, all bills were shot down when they were brought to the state legislature. And so, for now, Montana marriage for same-sex couples is seems to be out of the question, rights for those in same-sex partnerships remain extremely limited.

Despite the hardships that the Montana gay community is forced to face at the present time, there are at least some rights given to the homosexual residents of the state by allowing Montana gay singles to adopt a child within its borders. Adoption by Montana gay couples, however, is still not permitted. If you need legal advice and assistance, contact Montana lawyers.

Gay Marriage Laws in Nebraska

Gay Marriage Laws in Nebraska

 

Although there has yet to be an actual legal advancement made for the Nebraska gay community, at least in regards to homosexual relationships being granted the same privileges as heterosexual Nebraska marriages, there is proof of a decent fight being put up against the state's anti-gay laws. Up until 2005, a federal judge had never struck down a constitutional amendment set on limiting Nebraska marriages to heterosexual couples, especially not one that an overwhelming 70% of Nebraskan voters approved. U.S. District Judge Joseph Bataillon, however, changed all of that. 

On May 12, 2005, after being challenged by the groups Lambda Legal, a gay rights organization, and the Lesbian and Gay Project of the American Civil Liberties Union, who strongly urged the judge to reconsider the provision of the Nebraska constitution, Section 29, which defined marriage as solely being between a man and a woman and prohibited all types of state recognized same-sex partnerships and civil unions (as well as same-sex foster parents), Judge Bataillon voided the same-sex Nebraska marriages ban which was signed in the year 2000, stating that it interfered with the rights of those in the Nebraska gay community. 

He further supported his decision with the Equal Protection Clause of the 14th Amendment of the U.S. Constitution, and said that the ban deprived Nebraska gay and lesbian partnerships of participation in the political process. It was the first time that a state constitutional amendment of the kind, that is one which banned Nebraska marriages for same-sex partners, had been so clearly struck down by a court.

In a way, it can be said that the Nebraska gay marriage debate made history on this judge's decision alone. However, it was a verdict that the majority of Nebraskans were clearly not pleased with, and it did not last long. And so the controversial issue was brought to a higher court, yet again, and due to a very evident popular demand, a U.S. federal appeals court reversed Bataillon's ruling and reinstated the Nebraska gay marriage ban on July 14, 2006. The issue continues to be challenged by equal rights activists, Nebraska gay marriage supporters, and those who question if judicial power can, indeed, be so quickly overturned. If you need legal advice and assistance, contact Nebraska lawyers.

Gay Marriage Laws in Nevada

Gay Marriage Laws in Nevada

 

Although there are no gay marriage laws granting full marital rights for homosexual couples in Nevada, marriage-minded gay partnerships received at least some good news when, in 2009, they were granted legal recognition of same-sex unions in Nevada. Marriage it is not recognized, but at least it's monumental progress in the right direction. 

In Nevada, marriage for same-sex couples was actually legally banned with an astonishing 67% majority vote in 2002, in an amendment to the Constitution of Nevada entitled Question 2. However, despite the ban, the Senate Bill (283) creates a domestic partnership registry that allows those in same-sex relationships to have the same rights as Nevada's heterosexual married couples. The bill makes Nevada the 17th state to legally recognize residents which are in homosexual relationships. 

Although those rights are not nearly the same as those in other states' gay marriage laws, because it does not recognize the partnership as an actual legal marriage. The new bill, similar to California's historic domestic partnership law, does allow gay, lesbian, bisexual, and transgender couples to receive the exact same rights, responsibilities, entitlements, and benefits as those with a Nevada marriage license, such as health care decision–making, insurance rights, information–access rights, and inheritance rights, without actually having a legal Nevada marriage license.

Although the bill was vetoed, as promised, on May 26, 2009, by Republican Governor Jim Gibbons, who opposes the idea of gay marriage laws and has previously said, "I just don't believe in" domestic partnerships, the veto was successfully overturned by both the Senate, in a 14-7 vote, and finally, on May 31, 2009, by The Assembly, in a 28-14 vote. And despite the outlook of the Governor, who was assured that the majority of Nevadans, who were so strongly against gay marriage laws at the beginning of the decade, would likewise not support the new domestic partnership bill, there was indeed, no major opposition or overwhelming outcry from the public, and the law took effect on October 1, 2009. If you need legal advice and assistance, contact Nevada lawyers.

Gay Marriage Laws in New Hampshire

Gay Marriage Laws in New Hampshire

In a lot of ways, it was bound to happen. After being one
of the first states to pass a civil unions bill in 2007, providing rights, such
as the same state benefits accorded to married couples, to those in same-sex
partnerships within the New Hampshire gay community, New Hampshire followed the
lead of four other fellow New England states in furthering equal rights for
all, by legalizing same-sex New Hampshire marriages. 


That action made it the
sixth U.S. state to do so. On June 3, 2009, despite opposing the idea of
legalized New Hampshire marriage rights for homosexual couples in the past,
Governor John Lynch signed a new marriage equality bill (House Bill 436) 
in
support of New Hampshire gay marriage unions, after changes were made and two
other bills were approved to give religious institutions and clergy greater
protections in relation to gay marriage, such as performing the marriages. The
bills became effective on January 1, 2010.


In the months building up to the official signing, the
House of Representatives had technically already approved the New Hampshire
marriage equality bill in question weeks beforehand, but it would not pass
due to certain sensitive issues relating to religious institutions. And so
while the Senate changed the language of the bill, on insistence of the
Governor, two addition bills (HB73 and HB310) were also signed, which affirm
religious freedom protections with regard to marriage. 


These additions state
that religious organizations and societies have “exclusive control”
over religious “doctrines, teachings and beliefs.” Simply put, the
newly adapted New Hampshire marriage laws for same-sex couples are separate
from the laws of marriage in respective religious communities. So if your
religious leader wants to deny you the right to marry within the religion, they
can. Other than attempting to convince a religious leader with valid arguments, by law, couples can’t do anything else about it.


The New Hampshire gay marriage law also recognizes
same-sex marriages from other states, as well as civil unions in New Hampshire.
Gay couples who have such civil unions in New Hampshire, will automatically be
considered  married, as of January 1, 2011.


Although there have been measures taken to try and topple
down these New Hampshire gay rights advancements, including a proposal to
repeal same-sex marriage and civil unions, and another to create a
constitutional amendment that bans same-sex New Hampshire marriage unions, all
proposals were defeated on February 17, 2010. For now, marriage equality for
all in New Hampshire,  gay and straight, remains, and the successful New
England Marriage Equality movement continues to set an example for other areas
of the United States.

Gay Marriage Laws in New Jersey

Gay Marriage Laws in New Jersey

While the fight for gay marriage to be recognized by every state and the federal government is a long way from over, legal New Jersey gay marriages have a chance of being recognized. Currently, New Jersey marriages do not include any gay couples but the state does recognize same-sex unions. 

Same-sex unions give gay couple some of the same state rights that heterosexual New Jersey marriages get. The problem is that there are over 1,000 rights regarding marriage that only the federal government recognizes. So between New Jersey gays having to settle for civil-unions and the federal government not giving them any of the rights that New Jersey marriages benefit from, a fight will continue to win the battle for legal same-sex New Jersey marriages. 

A ban on New Jersey gay marriage is one of those old-school type of laws that may someday seem ridiculous much like segregation. As of now, New Jersey is caught in the middle. While it is not one of the 6 U.S states that recognizes gay marriage, it does offer most the benefits of New Jersey marriages. For many, religion gets in the way of passing a bill that would allow for New Jersey gay marriage. The excuse that “it just is not right” does not fly with supporters of New Jersey gay marriage, which extends beyond the gay community.

    One of the main problems with New Jersey not accepting same-sex marriages is that employers do not recognize civil unions. Gay couples feel they deserve the same health benefits and other benefits that the spouses of different sex marriages enjoy. 

Former Governor Corzine has fought for same-sex couples and has said he would support any bill that was ever passed on to his desk that legalized New Jersey gay marriage. Companies in New Jersey such as UPS claim their contract agreement does not support civil unions when it comes to employee spousal benefits so there is nothing that can be done.

    Unfortunately up to this point, New Jersey gay marriage cases have not been so successful in court. In January of 2010 a bill was shot down by the New Jersey judicial committee that would have made New Jersey marriage laws fair and equal regardless of whether they were same-sex marriages or not. Garden State Equality and Lambda Legal were representing those fighting for equal right in the case and even though they did not win that day they vowed to return to court. It is a fight that will never end because both sides feel they are in the right.

Gay Marriage Laws in New Mexico

Gay Marriage Laws in New Mexico

 

New Mexico gay marriage is not performed or accepted in the state. New Mexico marriages are only between a man and a woman and the do not recognize same-sex unions either. However, the state does give domestic partnership benefits to state employees. 

That causes anger being that the state will only give you domestic partnership benefits is you are working for the state. People who argue for the same-sex marriage do not understand why some people have the right to have a domestic partnership and others can not. 

They feel if some can do it then there must not be a serious backlash against it and all should be allowed to enjoy the benefits of a marriage. New Mexico marriages of course are recognized by the federal government but even if New Mexico gay marriage was accepted the federal government would still not grant any of the benefits that married couples get under federal law. Currently there is no legislation set to be passed that would allow for same-sex marriage in New Mexico.

In 2004 there were nearly 70 same-sex couples that were actually married. A republican senator named Victoria Dunlap claimed that there was no language that specifically banned New Mexico gay marriage. When news broke out of the senator allowing a couple to be married by ministers there was a flooding of couples who applied to be married. It was not even one day before the licenses were deemed invalid by the Supreme court of New Mexico. Senator Dunlap faced a lot of backlash from her party as well as other state officials. 

The happy couples who thought they had been married, were quickly stripped of their happiness. It is interesting to note how quickly the New Mexico senate acted to terminate the New Mexico Marriages that took place due to what Senator Dunlap thought was perfectly legal. In fact it was legal because there was nothing stating that New Mexico gay marriage was illegal.

New Mexico gay couples that seek to be married by means of going to a state such as Massachusetts or leaving the country to Canada to get married may do so. However, New Mexico gay marriage was not required to be accepted by the state. New Mexico marriages are possible, as long it is not done in New Mexico and it will not be recognized as the strong union with benefits that same-sex marriages enjoy in the state. 

As with any other state there is outrage among gay and straight people that gays can not marry. However, there is not as publicized a fight taking place as in other states. With no legislation currently fighting for or against the topic of New Mexico marriage regarding gays, the issue is at a stand still. If you need legal advice and assistance, contact New Mexico lawyers.

Gay Marriage Laws in New York

Gay Marriage Laws in New York

One
of the most liberal states and cities in the country, New york, New York, does
not take part in New York gay marriage. New York Marriages may only take place
between one man and one woman. There is a large number of gay people living in
New York state that would fight everyday for the right to be recognized in a New
York marriage. 


As for now, New Yorkers will have to travel to nearby
Massachusetts if they would like to get married and be a New york gay couple
that has been married in another state. In 2008, New York governor David
Patterson issued a directive requiring that the state recognize all same-sex
that took place in other states. New York state does recognize and give state
benefits to New York gay couples who got married elsewhere. 


Being a state that
gives New York gay couples who have been married somewhere else the same rights
as other New York marriages as far as state rights go, makes New York an
attractive place for gay couples to reside.

The New York Assembly has had no problems passing bills to be passed up
to the Senate regarding gays and their right to have a New York marriage, but
the Senate repeatedly rejects them, most recently in December of 2009. The
state has shown that it is ready to move on and allow same-sex marriage as many
straight people feel it is none of their business or they simply have no
problem with two people of the same sex joining together in marriage. 


The
people in charge however have shown to be stuck in their own ways even though
there is no harm that a same-sex marriage taking place could possibly harm them
in their daily lives. Supporters of New York gay marriage are ready to move
have been ready for change for many years and believe it is about time everyone
is treated as equals.

    As a sign of rebellion, New Paltz mayor Jason West married
25 same-sex couples. The gay New York marriages which were performed all at
once were quickly shot down just like the Senator in New Mexico who married
gays couples. Not only were the marriages ruled invalid but Mayor West was
charged with 19 misdemeanors. Those charges were dropped and then reinstated
only to be fought against in court and dropped again for good. 


It will always
be one of the most outspoken places, especially when it comes to fighting for
gay’s rights to marry. In time it is likely that New York will be one of the
states that offers same-sex marriages or at least their own civil unions.


Gay Marriage Laws in North Carolina

Gay Marriage Laws in North Carolina

North Carolina’s gay marriage laws do not allow for same-sex marriage. North Carolina gay marriage law does not even recognize gay marriage. North Carolina gay marriage law does not recognize any type of same-sex union no matter what state it was legally performed in. 

The people of North Carolina have not been fighting hard enough to pass gay marriage laws, nor getting involved enough in the community to show they are serious about changing the gay marriage laws. DOMA is the legal term for the legislation that bans gay marriage in the state of North Carolina.

There are certain jurisdictions in North Carolina that allow for domestic partnerships such as Chapel Hill and Carrboro. These jurisdictions choose to allows domestic partnerships without any preference as to what the sex of the people joining together are. According to North Carolina gay marriage laws, those domestic partnerships are recognized in those two cities alone. 

North Carolina as a whole, will not recognize the partnership if it is a same-sex couple who got their license in one of those two cities. They would like to be looked at as a normal couple that enjoys the benefits of legally being together.

Gay marriage law in North Carolina shows that the state is unsympathetic to gay rights. They will not even recognize any type of same-sex union even if it was attained legally, in some cases in one of the state’s own cities!   Without any gay marriage law legislation in the works it is difficult to see the state changing it’s stance on the topic any time in the near future. 

Some states may not have the outcry from the volume of people necessary to make change on the subject. The current gay marriage law in North Carolina could very well be what the majority of the people living there want. While gay couples in North Carolina will have to either deal with the problem or leave, there most likely won’t be many gay couples thinking of North Carolina as an option for a future home.    

Gay Marriage Laws in Maine

Gay Marriage Laws in MaineIn Maine,
gay marriage is not currently legal. Although a bill was passed in April 2009,
that would have legalized gay marriage, the bill was overturned. However,
domestic partnership is legal in Maine. While Maine has enacted the Defense of
Marriage Act, a state constitutional amendment that would have banned gay
marriage failed to pass. However, registering as domestic partners, remains
legal.



In Maine, marriage is defined as a union between an opposite sex couple.
However, gay marriage was briefly legalized in Maine. A bill was signed into
law in 2009 that would have approved the right to gay marriage in Maine.Marriages
were never performed however, because a referendum on the bill was lost. After
the Senate and House of Representatives approved the bill, the governor signed
it into law. 


In fact, Maine was the first state to sign such a bill into law
with out a court decision that forced them to do so. However, the citizens of
the state collected signatures to force a referendum in Maine. Gay marriages
were not to be legally allowed in Maine because the bill was overturned during
a vote by the public.

However, Maine’s Domestic partnership laws still allow for some legal
recognition of same sex relationships. In Maine, marriages afford couples many
more rights than domestic partnerships do. However, domestic partnerships at
least allow for some rights normally reserved for marriages. In Maine, gay
couples that register as domestic partners, are considered to be the closest
next of kin for their partner. 


In addition, partners can be inherit property in
the absence of a will and may make all funeral arrangements. In Maine, gay couples
can also be named as health care representatives, thereby being legally able to
make medical decisions, including issues relating to organ transplants. In
addition, In Maine, marriages and domestic partnerships entitled individuals to
protection under the domestic violence laws of the state.

In Maine, gay marriage is still illegal. However, couples can register as
domestic partners after living together in Maine for one full year. In Maine,
marriage creates an inability for an individual to register as a domestic
partner. In addition, couples cannot legally be a part of more than one
domestic partnership. Domestic partnerships can be made void by either parties
consent, as long as the other person is properly notified.

In addition,
domestic partnerships are automatically void if either party gets married. In
essence, domestic partnerships in Maine can provide rights and responsibilities
to same sex couples, that are not afforded by other states. Maine is obviously
aiming to create a state with equal rights for all citizens.
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