The Arguments and the Divided Opinions

Update (June 17, 2008): Same Sex Marriages Commenced in San Francisco on June 16, Rest of State on June 17

A Supreme Court ruling decreed that same sex marriages could begin at 5 p.m. on June 16, as it did in San Francisco, though most counties waited until June 17. Since California doesn't have a residency requirement (you don't have to live in California to get married there), it is expected that thousands of non-resident gay couples will travel to the state to get married in the coming months.

Update (May 28, 2008): California Counties can Start Issuing Marriage Licenses to Same Sex Couples June 17

"Barring a stay of a historic California Supreme Court ruling, same-sex couples will be able to wed in the state beginning June 17, according to a state directive issued Wednesday. The state said it chose June 17 because the state Supreme Court has until the day before to decide whether to grant a stay of its May 15 ruling legalizing gay marriage. Gay-rights advocates and some clerks initially thought couples would be able to wed as early as Saturday, June 14. The court's decisions typically take effect 30 days after they are made." Source: iht.com

Update (May 15, 2008): California Courts Rule Ban on Same Sex Marriage Unconstitutional

The California Supreme Court has struck down the State’s ban on same-sex marriage. In a 4-3 opinion, the court held, “[u]nder these circumstances, we cannot find that retention of the traditional definition of marriage constitutes a compelling state interest. Accordingly, we conclude that to the extent the current California statutory provisions limit marriage to opposite-sex couples, these statutes are unconstitutional.” Referring to California Family Code section 300, the Court ordered that “the language of section 300 limiting the designation of marriage to a union ‘between a man and a woman’ is unconstitutional and must be stricken from the statute, and... the remaining statutory language must be understood as making the designation of marriage available both to opposite-sex and same-sex couples."

• Read the Court's full opinion
• Read the Court's press release
  

Same-sex marriage is a term used to describe legal unions between gay and lesbian couples . And although it may sound pretty straightforward, this term actually encompasses a wide variety of alternate arrangements such as civil unions and domestic partnerships.

The reason for these variations in the meaning of "marriage " is the lack of laws providing same sex couples with rights and benefits equal to that of their heterosexual counterparts. In fact, quite the opposite is true - most states have laws in place that specifically prohibit and invalidate a traditional marriage ceremony for same sex couples. This invalidation is reinforced by the Defense of Marriage Act (DOMA) which defines marriage as a union between one man and one woman, thereby preventing same sex couples from qualifying for any rights or benefits granted to married couples at the federal level.

This causes a variety of problems for same sex couples. In addition to general discrimination and public exclusion, same sex couples also face unique difficulties in the adoption process as many states require adopting parents to be "legally married". Same sex couples are also not entitled to the various tax exemptions and credits that are normally afforded to married couples nor can they add their spouse to their health insurance policy.

Same sex couples are also not consulted during medical emergencies as they are not considered to be the legal next of kin and are normally not able to inherit property after death unless a will is present. These laws also affect a gay couple's ability to divorce as the parties are not considered to be legally entitled to normal property settlements and/or spousal support .

Currently, only 9 states allow some form of civil unions or domestic partnerships - Connecticut, New Jersey, Vermont, New Hampshire, Oregon, Maine, California, Washington and Hawaii. In addition, the Supreme Court of Massachusetts has upheld same-sex marriage without restriction - it is the first state to do so. California courts ruled in May, 2008 that the ban on same sex marriage was unconstitutional; the outcome of this ruling remains to be seen.

Same-Sex Marriage FAQ's:

Do States That Allow Same Sex Marriages Require Clergy to Perform the Ceremonies?

How Do Same Sex Marriages Affect Immigration Laws?

Should Gay and Lesbian Married Couples Also Have A Domestic Partnership?

Does The Federal Government Have To Honor Legal Same-Sex Marriages?