In Part 4 of this series, we were able to explore the some of the notable points in the history of sexuality and how it became absorbed in the cultures of Japan, China and other countries. In this installment we will take a look at the impact of the gay rights movement to society, and how governments responded to their demands. In this segment, we will take a look at the progress of the movement, the status of their demands for equality and which states in the United States allow and/or prohibit same sex marriages, civil unions and same sex relationships.
Still waiting for universal recognition
While it had been established that continued representations and lobbying provided the gay movement more rights and freedoms, and these are true around the world, there are still many things to be done for gay rights to be totally and universally recognized. True, there will always be oppositions in one form or another along the way. However, it cannot be discounted that more positive results are forthcoming. This makes their victory that much sweeter. What rights are they fighting for? These include the recognition of same sex sexual activities, recognition of same sex relationships, same sex marriage, adoption rights of same sex individuals, the right to serve in the military, a ban on discrimination against gay people and creation of laws concerning gender identity and expression.
Most countries around the world consider same sex activities as legal either as part of their constitution or by virtue of a UN declaration. In some areas, the only legal same sex activities are those between women. There are already several countries where gays are allowed to serve in the military and have established discrimination laws that protect gay people and transgenders from discrimination and legally changing their name and their legal genders, although some require sex reassignment. A few countries have also allowed adoption by single gay persons.
Although the United States still have not formally established anti-gay and anti-transgender discrimination laws to give them full protection, the country is slowly catching up with the rest of the world in the treatment of LBGTs. One fine example is the turnover of the military compromise dubbed “don’t ask, don’t tell” for gays serving in the military. That was in force from late in December 1993 until late September 2011. Today, gay men and women can freely serve in the military in the United States and its territories, including Puerto Rico and the U.S. Virgin Islands.
Same sex marriage within the United States
In 2004, Massachusetts became the first U.S. state to legalize same sex unions. From this historical decision, other states made amendment to their marriage laws in varying degrees. Thirty-two states still ban unions between the same sex while nine states and the District of Columbia recognize same sex marriages and ten states recognize domestic partnerships and civil unions between people of the same sex.
Marriages, civil unions and domestic partnerships are the three types of homosexual relationships existing in the United States. These are still banned in the following states:
• Alabama
• Alaska
• Arizona
• Arkansas
• Florida
• Georgia
• Idaho
• Indiana
• Kansas
• Kentucky
• Louisiana
• Michigan
• Minnesota
• Mississippi
• Missouri
• Montana
• Nebraska
• New Mexico
• North Carolina
• North Dakota
• Ohio
• Oklahoma
• Pennsylvania
• South Carolina
• South Dakota
• Tennessee
• Texas
• Virginia
• West Virginia
• Wisconsin
• Wyoming
Conditional status exists in some states. In California, same sex unions are banned, although the ban is conditional. Civil unions are allowed, where couples are accorded the same duties and responsibilities and legal rights like regular marriages in the state. Domestic partnerships have a conditional status in Nevada. Civil unions are conditional likewise in Oregon. Rhode Island recognizes same sex marriages that were performed outside of Rhode Island although the state has allowed civil unions since July 1, 2011. New Jersey no longer allows civil unions but recognizes those that have been formed earlier.
Civil unions had been recognized in Connecticut since 2008. These were converted into civil marriages starting in October 2010. Civil unions are recognized in Delaware since January 1, 2012. The District of Columbia recognized domestic partnerships since 1992. Same sex unions became legal in the state in December 18, 2009 and took effect on March 9, 2010. Same sex marriage is still banned in Hawaii although the state allows same sex civil unions since January1, 2012. Civil unions were allowed in Illinois since June 1, 2011. The Supreme Court in Iowa allowed the legalization of same sex marriage in Iowa although the Republicans (anti) and the Democrats (pros) will continue to hold debates on the issue.
Maine has legalized domestic partnerships and same sex marriages since July 30, 2004. Effective January 1, 2013, it is legal to have civil unions and same sex marriages in Maryland. Civil marriages were legalized in New Hampshire since January 1, 2010.
Massachusetts is a special case. Marriages between people of the same sex started in the state in May 2004. It was the first state to issue marriage licenses to homosexuals. But marriages were prevented from being recognized by the federal government because of the DOMA (Defense of Marriage Act). The DOMA was ruled unconstitutional by the First Circuit Court of Appeals in May 2012. Enforcement of the decision was stayed by the Court as it waits for a Supreme Court appeal.
New York approved same sex marriages effective July 2011 while Vermont likewise legalized it but the Governor could override the decision. The state also recognizes the civil unions that were formed from 2000 to 2009, as well as the valid ones in the present. Civil unions are no longer allowed in the state. Washington had legalized same sex marriages effective December 6, 2012. Domestic partnerships will be converted into civil unions by January 1, 2014.
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