1. A States' Right Issue
Same sex marriage laws have been granted jurisdiction on a state level, despite it technically being a federal sanction that prevents same sex union. However the Supreme Court deemed that such laws would be delegated to the states; thus a few states recognize same sex unions as legal. Hawaii is a popular state for gay and lesbian couples to find legal recognition of their relationship. Connecticut, Massachusetts, New Jersey, New Mexico, New York, and Rhode Island have no provision on same sex marriages. However these marriages are only recognized in those respective states. Many other states have enacted legislation that does not recognize same sex marriages, despite lack of a specific federal ban on same sex unions.
2. Civil Union Options
Many same sex couples choose to pursue a civil union, which offers a legal alternative to marriage in some states where same sex marriage is not legally recognized. However the amount of states that offer civil unions to its citizens are few in number. Vermont, New Jersey, New Hampshire, and Connecticut are the major states that recognize the validity of a civil union. A civil union is basically legal protection for committed same sex couples that would not be offered otherwise. However, many critics of civil unions state that the civil union doesn't provide any more legal protection or justice since it doesn't extend beyond a state's borders. In addition, separation laws are not clearly defined so cases have many financial and property issues. While offering an alternative to a standard legal marriage, civil unions are still grossly insufficient in providing equal protection for same sex couples.
3. Domestic Partnership Alternative
Domestic partnerships are yet another alternative to same sex couples seeking legal protection and acknowledgment of their union. A domestic partnership is essentially like a civil union; however a domestic partnership merely states that a semblance of a relationship between two individuals exists but are neither joined by marriage or a civil union. Therefore the legal protection and standards are even more limited than they might be for a civil union and certainly less comprehensive than a marriage. In some jurisdictions, the length of a domestic partnership is often recognized as a common law marriage but this ruling varies from state to state. If considering a domestic partnership, then check with your states or even your city's laws concerning the legal standards for the partnership. California recognizes many domestic partnerships as equal to marriage and was developed to circumvent legislative restrictions on what constitutes a "marriage". However because of the often shaky nature of the legislation, you should check with an attorney on what is legally recognized before settling on a course of action.
Member Comments