Same sex marriage articles Wilmington times
31.07.2020 | by Dozahn
The Stone is a forum for contemporary philosophers and other thinkers on issues both timely and timeless. When proponents of same-sex marriage offer theoretical arguments in favor of their position, they often rely on a legalistic view: they frame marriage as fundamentally a package of legal rights, benefits and obligations — which include hospital visitation rights and immigration rights for the foreign spouses of citizens, among others.
This position insists on a basic condition of justice — legal parity and equality for men and women who choose a long-term partner of the same sex. Many opponents of same-sex marriage counter by arguing that this legalistic view omits the most important element of marriage — the social. In their view, marriage is fundamentally a traditional way of life that possesses a certain social meaning. This social meaning consists of the web of shared understandings and expectations that have built up over centuries.
Of course, the law is needed to reinforce and support this social meaning; and more crucial to supporters of traditional marriage, certain changes to the law could undermine or even destroy it.
While the argument in favor of same-sex marriage is compelling, its opponents have a point: while the legalistic view captures certain aspects of marriage, it is also limited. It is the second view, the one that encompasses both legal and social dimensions, that is the more plausible, and most accurately reflects our common reality. Marriage is indeed fundamentally a traditional way of life imbued with social meaning, held in place by law.
Ironically, however, this view does not support the ban on same-sex marriage. On the contrary, it supports the liberal conclusion that it is seriously unjust to deny marriage rights to same-sex couples. Marriage is above all a familiar institution: almost all members of society — even young children — have heard of it and have some notion of what it involves. So what exactly is this meaning? Since it consists of generally shared understandings and expectations, it can not include any controversial doctrines such as the traditional Christian belief that marriage symbolizes the union of Christ and His church.
It must consist in more mundane and less controversial assumptions about what married life is normally though not always like.
At least until quite recently, it was also part of this social meaning that every marriage was the union of one man and one woman. Which elements of this social meaning are most important?
To answer this question, we need to see what benefits are created by institutions that possess a social meaning of this kind. I propose that the crucial benefit is roughly this: by marrying, a couple can give a signal to their community that they wish their relationship to be viewed in the light of these generally shared assumptions about what married life is like.
This is important because people do not only care about tangible benefits such as money or health care or the like ; they care about intangible benefits as well. In particular, people care deeply about how they are regarded by others — which inevitably depends on the information about them that is shared in their community.
If these are the crucial intangible benefits created by the social meaning of marriage, the assumption that marriage is the union of one man and one woman has no real importance. For virtually every adult member of society, it is already a publicly known fact whether that adult is a man or a woman.
So, when a man and a woman get married, the fact that they are a man and a woman was already known before they were married; the fact that marriage is only available to opposite-sex couples does not help them to communicate any information that was not already publicly known.
It seems clear that, while the theoretical arguments for same-sex marriage often focus on legal claims, the actual conception of many same-sex couples is broader and includes this social meaning.
This broader conception lies behind the emotional appeals that same-sex marriage proponents have so often made, but there is also a more theoretical case to be made as well. Many same-sex couples have the very same interest in having access to an institution that has this social meaning as opposite-sex couples have, affording them the intangible benefit of being able to signal to their community that they wish their relationship to be interpreted in the light of these generally shared assumptions.
Given that, it must be unjust for the state to deny same-sex couples the right to marry when this right is made available to other couples who have precisely the same interest in having it. Admittedly, allowing same-sex couples to marry will change the social meaning of marriage it will no longer be part of this social meaning that every marriage is the union of a man and a woman ; and for marriage to bring these intangible benefits, it needs to have a relatively stable and well-understood social meaning.
However, there is no evidence that the introduction of same-sex marriage will change any other elements of this social meaning. Moreover, this social meaning has already changed radically over the years.
Marriage used to be generally understood as an unequal partnership, with the wife being subordinated to her husband, whereas now — at least in law and in most of mainstream culture — marriage is viewed as a partnership of equals. In general, the social meaning of marriage must change whenever such changes are necessary to avoid injustice; so this social meaning must now be changed so that it no longer excludes the participation of same-sex couples.
There is a lesson here for moral and political philosophy. In much of political philosophy, social institutions are conceived legalistically, as rules for the distribution of tangible benefits and burdens such as money, health care, employment opportunities, and the like.Same-sex marriage has been legalized in twenty-eight countries, including the United States, and civil unions are recognized in many Western democracies. Civil Society. Javier Corrales, a professor at Amherst College who focuses on LGBT rights in Latin America, points to income levels and the influence of religion in politics, as well as the overall strength of democracy, to explain regional divergences [PDF].
While same-sex marriage has made the most gains in Western democracies, antidiscrimination laws are gaining traction worldwide.
Inseventy-three countries, including some that retain sodomy laws, had protections against employment discrimination [PDF] based on gender identity or sexual orientation. Activists in the international arena have focused on antiviolence and antidiscrimination campaigns rather than same-sex marriage.
She adds that not all countries that allow same-sex marriage allow couples to jointly adopt and cautions against equating the right to marry with freedom from discrimination.
The U. Supreme Court ruled on June 26, [PDF], that the Constitution grants same-sex couples the right to marry, effectively legalizing same-sex marriage in the thirteen states where it remained banned.
The five-to-four ruling, which extends to U. By61 percent of Americans polled approved of same-sex marriage, up from 27 percent in The ruling came less than two decades after President Bill Clinton signed the Defense of Marriage Act DOMAwhich defined marriage as a union between a man and a woman, thereby denying same-sex couples federal marriage benefits, such as access to health care, social security, and tax benefits, as well as green cards for immigrant spouses of U.
Despite these Supreme Court rulings, a debate continues in the United States between advocates of legal equality and individuals and institutions that object to same-sex marriages on the basis of religious belief.
In Junethe court ruled that a civil rights law prohibiting sex discrimination in the workplace also applies to discrimination based on sexual orientation or gender identity.
More than half of the countries that allow same-sex marriage are in Western Europe.
Italy is the largest Western European country where same-sex marriage is not legal; its parliament, however, approved civil unions for same-sex couples in Support for same-sex marriage is weaker in Eastern Europe. A Pew Research Center poll found that support for legal recognition of same-sex marriage is 16 percent in Belarus and just 9 percent in Ukraine. Support in Poland and Hungary, which both have constitutional bans on same-sex marriage, is 32 percent and 27 percent, respectively.
At least ten other countries in Central and Eastern Europe have such prohibitions. Hungary and the Czech Republic, however, do recognize same-sex partnerships; ina Budapest court ruled that same-sex marriages performed abroad must be recognized as partnerships. Estonia also allows civil unions, though popular support for same-sex marriage in the Baltic states is low. In Chechnya, a semiautonomous republic within Russia, dozens of men suspected of being gay have been detained, tortured, and even killed in two separate official crackdowns since Despite growing support for same-sex marriage in many European countries, divisions remain.
While in Ireland became the first country in the world to legalize same-sex marriage through popular referendum, lawmakers in Northern Ireland defeated bills to legalize same-sex marriage five times.
InCanada became the first country in the Western Hemisphere to legalize same-sex marriage. Support for same-sex marriage varies across the region. In Central America, support is much lower: 33 percent of Costa Ricans, 28 percent of Nicaraguans, and 27 percent of Ecuadorians support same-sex marriage. Inthe Inter-American Court of Human Rights ruled in favor of same-sex marriage, but the decision has not spurred much action among member states.
The only Central American country to recognize same-sex couples is Costa Rica, though some others in the region have limited antidiscrimination protections. Support for same-sex marriage also remains low in the Caribbean, at just 16 percent in Jamaica and 23 percent in the Dominican Republic. Bermuda, a British territory, legalized same-sex marriage inbut for years the government has fought to reissue a ban. Chile allows same-sex civil unions.
The governments of Bolivia, Honduras, Nicaragua, and Paraguay have enacted constitutional bans on same-sex marriage. Cuba, where homosexuality was once punished by internment in forced-labor campshas changed markedly in recent years. The National Assembly passed an antidiscrimination law inand a new constitution in removed language defining marriage as between a man and a woman.
However, same-sex unions are still not recognized. Australia and New Zealand are the only Pacific Rim countries in which same-sex marriage is legal. Same-sex marriage became legal in Taiwan in Mayas the legislature implemented a ruling the top court issued two years earlier.Momentum is building to start serious discussions about legalizing same-sex marriage, a concept not officially recognized in Japan.
A series of lawsuits have been filed by gay and lesbian couples seeking damages from the government, charging that refusal to grant same-sex marriage runs counter to the freedom of marriage and equality as guaranteed by the Constitution. A court ruling on a separate case earlier this month determined that domestic partners of the same sex should be covered, to a certain extent, by the same legal protections afforded to common-law marriages in this country.
However, lawmakers remain slow to even talk about whether same-sex marriage should be legalized. The government maintains that same-sex marriages are not assumed to take place under the Constitution. But as forms of families diversify, social values and common ways of thinking change. Same-sex couples meanwhile face a host of disadvantages because their partnerships are not legally recognized as marriage. Since the Netherlands became the first nation to recognize sex-same marriage inroughly 30 countries around the world, mainly in Europe, have come to legalize marriage between couples of the same sex.
In May, a gay couple in Taiwan registered their marriage as the first in Asia after the island legalized same-sex marriage. It has maintained that position in rebutting the charges by same-sex couples in their damages suits. A recent ruling by the Mooka branch of the Utsunomiya District Court challenged that interpretation of Article In awarding damages to a woman in her 30s who broke up with her same-sex partner because of infidelity, the branch court recognized that their relationship — they lived together sinceobtained a marriage certificate in the United States and had a wedding ceremony in Japan, until they broke up in — effectively amounted to common-law marriage even though same-sex marriage is not legalized in this country.
Therefore, the court ruled, their relationship deserved legal protection similar to that granted to a common-law partnership. In a recent survey by the National Institute of Population and Social Security Research, roughly 70 percent of some 6, married women said they support same-sex marriages, and 75 percent of the respondents agreed that some form of legal protection should be accorded same-sex couples.
Social recognition of sexual minorities is growing. According to an earlier survey of 60, people by major advertising agent Dentsu Inc.
Moves are afoot by local governments and businesses to grant recognition to same-sex couples. Today, more than 20 municipalities across the country issue partnership certificates to same-sex couples that call for them to be treated the same as married couples.
But such a certificate has no legally binding power and those municipalities remain a tiny minority. Still, same-sex couples face various disadvantages because they cannot legally marry. They are not given the same inheritance rights granted to married couples when a partner dies, or covered by spousal tax deductions. They cannot sign papers consenting to medical procedures for their partners and may be denied hospital visits because they are not legally a family member.
Despite being a British overseas territory, the Cayman Islands does not recognise same-sex marriages, which have been legal in the UK since four years ago. Considering themselves islanders, one couple want to get married there, but fear for their lack of rights.
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Same-Sex Marriage, Civil Unions, and Domestic Partnerships
Lockdown Guide. UK Politics. Lib Dems. Green Party. Boris Johnson. Jeremy Corbyn. US Politics. Help The Hungry. Shappi Khorsandi. Mary Dejevsky. Robert Fisk. Mark Steel. Janet Street-Porter. John Rentoul. Matthew Norman. Sean O'Grady. Tom Peck. Andrew Grice. Stop the Wildlife Trade. Rugby union.
US sports. Miguel Delaney. Streaming Hub. Geoffrey Macnab. Clarisse Loughrey. Ed Cumming. Royal Family. Tech news. Tech culture. The Competition. Money transfers.Taiwan has legalised same-sex marriage, the first of any Asian state, with the passage of legislation giving gay couples the right to marry. Thousands of gay rights supporters gathered in heavy rain outside parliament in the capital, Taipei, to watch a live broadcast of the proceedings.
Now the law says everyone should be treated equally no matter who you are, who you love. Judges had given the government until next Friday to pass legislation. As the deadline approached, three bills were introduced for voting on on Friday, the International Day Against Homophobia, Transphobia and Biphobia. Same-sex couples cannot co-adopt. Lawmakers were still debating adoption rights on Friday. Hsu said she and her partner had made plans to register as a married couple as soon as the law went into effect on 24 May, at the same office that rejected their attempt to marry five years ago.
The department of civil affairs said that, as of Thursday, couples had made appointments to register on that day. Taiwan, whose annual gay pride parade is the largest in the region, has long been a hub for LGBT activism.
Advocates called for other Asian nations to follow its lead. Instead of amending the existing civil code, the bill creates a new law under which same-sex marriages will be regulated. Others warned of a backlash. Activists said they would continue to push for more rights, such as recognition of transnational same-sex marriages, where one partner is from a country that does not recognise gay marriage. Topics Taiwan. Reuse this content. Most popular.Supreme Court ruling that required all states to grant same-sex marriages.
But eventually, things slowed down and life began to feel normal. In those five years, studies estimate that aboutsame-sex couples have been married nationwide.
5 years after same-sex marriage ruling, his fight continues
That more than doubles the number of same-sex marriages in the U. That case was one of six argued together before the high court. Obergefell was the lead plaintiff, meaning the case bore his name, though he was joined by dozens of other plaintiffs. The whirlwind of that suit meant Obergefell was never alone with his thoughts. In Aprilwhen the Supreme Court justices heard oral arguments, Obergefell and his fellow plaintiffs were treated more like celebrities than litigants.
People hoping to get coveted seats for the arguments camped out for hours outside of the stately building. Those who made it inside heard impassioned, nuanced arguments. One of the main debates was whether the courts should enter the same-sex marriage fray or let voters decide. The majority often pushes marginalized people to the side. Gerhardstein recalled being in Washington, D.
He called Cincinnati Mayor John Cranley with the news. The four justices appointed by Democratic presidents were joined by Justice Anthony Kennedy, a Republican appointee. According to U. Census estimates, there are more thanmarried same-sex couples in the country. The impact of those unions has been more than cultural. But the ruling has never been welcomed by all.
In Kentucky, a county clerk defied it and refused to issue marriage licenses to same-sex couples. Two of those couples are suing Kimberly Davis, who lost her Rowan County reelection bid in An appellate court ruled last year that Davis could not claim qualified immunity to duck being sued because the right she violated had clearly been defined.
The suit is still pending. The Supreme Court ruling has been pelted by these and countless other minor challenges, but so far, none has seriously threatened it.
In fact, earlier this month the high court ruled in Bostick v. Douglas Hallward-Driemeier, a D. The biggest hurdle still facing is rooted in religion: Several lawsuits in various states charge that people who religiously oppose same-sex relationships should not have to follow the anti-discrimination laws designed to protect the LGBTQ community. Gerhardstein said he wants to see that loophole closed.
President Barack Obama called with congratulations. Nonprofits and various businesses began hiring him for speaking engagements. I like boys. He thinks back to his childhood, he said, back to the days he felt he had no allies and had to hide that he was gay, and is amazed by how much has changed in his 53 years alive.A half hour after the Senate vote, Gov.
Jack Markell signed the legislation into law on the main stairs in the lobby of Legislative Hall. Democratic Sen. Bethany Hall-Long and Republican Sen.
Catherine Cloutier provided the swing votes in favor of the legislation. Cloutier was the lone Republican yes vote in the Senate and one of two in the General Assembly as a whole. According to the bill, Delawareans will be able to enter into same-sex marriages effective July 1. The law provides a mechanism for converting existing same-sex civil unions established in Delaware to marriages.
Gay rights activists and their supporters in the chamber erupted in cheers after the Senate vote. Delaware's same-sex marriage bill was introduced in the Democrat-controlled Legislature last month, barely a year after the state began recognizing same-sex civil unions.
A Civil Contract: Same sex relationships and marriage
The bill won passage two weeks ago in the state House on a vote. While it doesn't give same-sex couples any more rights or benefits under Delaware law than those they already have in civil unions, supporters argued same-sex couples deserve the dignity and respect of married couples.
They also noted that if the U. Supreme Court strikes down the federal Defense of Marriage Act, which bars married gay couples from receiving federal benefits, civil unions would not provide protections or tax benefits under federal law to same-sex couples in Delaware.
Opponents, including scores of conservative religious leaders from across the state, argued same-sex marriage redefines and destroys a centuries-old institution that is a building block of society.Which Countries Allow Same-Sex Marriage?
Under the bill, no new civil unions will be performed in Delaware after July 1, and existing civil unions will be converted to marriages over the next year. The legislation also states that same-sex unions established in other states will be treated the same as marriages under Delaware law.
The bill does not force clerics to perform same-sex marriages that conflict with their religious beliefs. But under an existing Delaware law banning discrimination based on sexual orientation, business owners who refuse to provide marriage-related services to same-sex couples for reasons of conscience could be subject to discrimination claims. Delaware joins neighboring Maryland and the nearby District of Columbia as jurisdictions that have approved gay marriage.
Last week, Rhode Island became the 10th state to allow gay and lesbian couples to wed, with independent Gov. Lincoln Chafee signing the bill an hour after its final passage. The navigation could not be loaded.
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