Being a smart Queerty reader, you already knew that 29 state constitutions ban marriage equality and that Minnesota and North Carolina could join that number if voters decide to. You might have also known that 18 of the states with constitutional bans also ban domestic partnerships or civil unions, and that an additional 12 states ban marriage equality by statute. But even if you knew all that, it’s still nice to have this handy map from The New York Times illustrating the Unequal States Of America in all is depressing purple ignominy. Ponder this map keeping in mind DOMA-defender Paul Clement’s claim that gays have not historically faced discrimination.
christopher di spirito
Our “fiercest advocate” has done little to change any of this. Neither has the Human Rights Campaign.
Jim Hlavac
No state “bans” gay marriage — they merely refuse to recognize it under Family Law, which in most states is Title 2. Gay folks can get “married” — even use the words “we’re married.” They can get hitched in any commitment ceremony they wish. Even in states that don’t legally recognize the marriages as such, still don’t “ban” any religious group from officiating at a “marriage” ceremony. The word “ban” is wrong here.
Strangely, all states recognize gay couples in commercial law. For instance, a gay couple who buys a house and want to do so together can set up a company, partnership, limited liability corporation or other commercial legal device, and presto, the government recognizes this.
That our erstwhile leaders don’t make this argument that states already recognize gay relationships, though under a different Title of Law, I don’t know.
But weirdly, even DOMA doesn’t say we can’t use the word “Marriage” and hold commitment ceremonies. DOMA actually only bans governments from recognizing gay marriages — not anyone else.
Which is the weird place gays have always been in in relationship with the law.
tinkerbell
That’s BS semantics…we can call ourselves “married” yet have no benefits of it??? Yeah, we can gain a couple of the thousands of automatic heterosexual marriage rights by hiring a lawyer and drawing up expensive contracts, only to be challenged and overturned in southern states??? You gotta be kidding me in telling me that I am a first class citizen in my state of Tennessee…come down here, kid and walk in my shoes in the south. In your words “weirdly, even DOMA doesn’t say we can’t use the word “Marriage” and hold commitment ceremonies. DOMA actually only bans governments from recognizing gay marriages — not anyone else.
Which is the weird place gays have always been in in relationship with the law.” If you experienced the marriage ban down here, you wouldn’t think it was weird, it’s FUCKING HATEFUL.
Scott
This headline is completely misleading. The entire west coast affords same-sex couples all of the rights of marriage under state law except for the name (yet). It’s not equality of marriage , but it certainly isn’t “no protections”. Why is this even a story?
Leon Kirby
to No. 4 – Scott:
You ask “Why is this even a story?” I can only speak from my perspective, but separate but equal isn’t.
To gain the protections automatically afforded to straight married couples takes expensive legal manipulations that even then don’t insure that your wishes would be respected. Why should gay couples have to go to that effort? And in this economy who has several thousand dollars just lying around waiting to be handed over to a lawyer?
I’m a proud American. I was born here. My mother is part Native American. My dad is a bonafide war hero. No one is more (or less) entitled to the rights and privileges of being an American than I am. But the man I love isn’t a citizen, so I now find myself in the incredible position of having to leave the country to be with him.
By the way, I’m in no way attacking your position or doubting your good intent, just answering your question to the best of my ability as to how it affects me.
All the best.
Scott
@Leon, I just meant that this infographic has been available from the NYT for at least several years, I don’t know why all of a sudden queerty thinks it’s news..