1. The Marriage Debate
The institution of marriage is a combination of civil and often
religious elements. On the civil side, hundreds of legal rights,
privileges, and responsibilities are associated with marriage at the
state level; over one thousand rights, privileges and responsibilities
exist at the federal level.
In 2003, Massachusetts’ highest court ruled that, based on that
state’s constitution, same-sex couples could not be denied marriage
licenses. Currently, Massachusetts is the only state where same-sex
couples can legally marry. Several
other states now license “civil unions” or “domestic partnerships,”
which provide same-sex couples some or all state-law rights of marriage.
They are not, however, marriages, and may not be recognized in other
states or by the federal government.
Over thirty states, including Minnesota, have passed laws, often
called “Defense of Marriage” or DOMA laws, prohibiting same-sex
marriages, refusing to recognize other states’ same-sex marriages, or
both. Additionally, most states have amended their constitutions to bar
marriage and, in many cases, civil unions or domestic partnerships as
well. While
Canada and other countries have authorized same-sex marriages,
their legal status in the United States is uncertain.
Many organizations in Minnesota, including OutFront Minnesota,
support the right of same-sex couples to full equality under the law. Marriage is one form that could take; others include
relatively broad concepts like civil unions or domestic partnerships.
Some legal protections are
available now, though they don’t come “automatically” to same-sex
couples as they would to different-sex couples through marriage. This
puts an extra burden on same-sex couples to make sure these details are
attended to – and even then, they won’t provide all the protections of
marriage. Still, until the law is improved as it relates to same-sex
couples, these are critical steps for same-sex couples to consider for
their own protection.
Follow the links above for information on some steps that same-sex
couples can take to protect their families.
This information is not intended to constitute or replace legal
advice: always consult your attorney before drafting or signing
documents which affect your legal rights. If you need a referral to a
GLBT-friendly attorney in your area, please contact the OutFront
Minnesota Legal Program at 612-822-0127 ext. 230 or .
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