So when we pledge our allegiance
to the flag of the United States, we are claiming liberty
and justice for all. But this is, in fact, quite a fallacy.
The gay marriage issue is still a topic, with the city
of San Francisco and two Oregon counties recently joining
the states of Massachusetts and Vermont in recognizing
gay marriages as legal unions. California Gov. Arnold
Schwarzenegger, known in his past life as ìThe Terminator,î
is opposed to same-sex marriages, however, and he will
do everything in his power to ban them in the state.
Despite the opposition however, San Franciscoís traditionally
conservative Mayor Gavin Newsom is catering to this
gay-friendly mecca by fully supporting same-sex marriages
in his city.
Vermont and Massachusetts were not the first regions
in the world to recognize same-sex marriages. In 1999,
the Canadian Supreme Court granted same-sex couples
the same legal rights as their heterosexual counterparts.
In 2001, the Netherlands was the first country to allow
civil marriages between gay couples, and also allowed
gay couples to adopt children. In January 2003, Belgium
became the second nation to recognize same-sex marriages,
although in Belgium gay couples are not allowed to adopt
children. Most European countries recognize some degree
of registered partnership between same-sex couples,
but in most of these countries, including Denmark, Norway,
Sweden, Finland and Iceland, these couples still are
not legally married.
Although Canada and Vermont do not require
residency for same-sex unions, if a gay couple were
to go to either Canada or Vermont to get married, their
union would not be recognized outside of that region.
It is a different scenario than if, for instance, a
heterosexual couple were to fly to Las Vegas and elope
under an Elvis altar one weekend. That heterosexual
marriage would be recognized in all 50 states, since
federal law recognizes heterosexual marriages, no matter
in which state they occur. Unless a constitutional amendment
is written that recognizes and affirms same-sex marriages,
which I can safely say never will happen in the current
Christian climate of our country, all same-sex marriages
are recognized only on the state level. For instance,
in my home state of California, the following rules
apply to all California marriages:
Appointment Suggested: It is recommended that you call
the county or city clerk's office to see if they suggest
setting an appointment. You could find yourselves in
a long line with as much as a two-hour wait without
an appointment in some locales.
ID Requirement: Photo identification, such as a driver's
license, is required. Some counties recommend bringing
certified copies of your birth certificates. Know your
parentsí names, mothers' maiden names and places of
their birth.
Application Requirement: Both the bride and groom must
appear in person at the time of applying.
Residency Requirement: Do not have to be a resident
of California.
Waiting Period: None. Previous Marriages: You must
show proof of divorce, death or annulment. You need
to bring a copy of your final divorce decree.
Fees: $80; some counties only will accept cash.
Other Tests: None.
Under 18: If either the bride or groom is under 18,
at least one of the minor's parents or legal guardians
must appear with the couple. Certified copies of birth
certificates then are required. The couple must also
schedule an appointment with a counselor and appear
before a judge.
Proxy Marriages: No.
Cousin Marriages: Yes.
Common Law Marriages: No.
Same-sex Marriages: No. However, domestic partnership
certificates are available in San Francisco and Marin
County. One partner must live or work there and both
must have photo ID.
Officiants: Any priest, minister or rabbi of any religious
denomination, of the age of 18 years or older, may perform
marriages. Ministers must complete the marriage license
and return it to the county clerk within four days of
the marriage.
Valid: License is valid for 90 days. The license only
cab be used within California.
Confidential License: A regular marriage license is
a public record. A license and certificate of confidential
marriage is only accessible by the husband, wife or
by decree signed by a superior court judge. At least
one witness is required to observe the solemnization
for a regular public ceremony. No witnesses are required
to observe a confidential marriage ceremony. A regular
license may be used throughout the state. However, the
confidential license may be used only in the county
of issue. The confidential license also costs $80.
Solemnization Authority : Marriage may be solemnized
by any of the following who is 18 or older: A priest,
minister or rabbi of any religious denomination.
A judge or retired judge, commissioner of civil marriages
or retired commissioner of civil marriages, commissioner
or retired commissioner, or assistant commissioner of
a court of record in this state.
Each county offers civil ceremonies performed by a
judge or commissioner. The cost is approximately $40.
~
The marriage situation in my state, particularly in
San Francisco, gets a bit tricky under the same-sex
marriage clause, which species that the counties of
San Francisco and Marin (located just North of San Francisco,
directly over the Golden Gate bridge) DO recognize domestic
partnerships between same-sex couples. This is an instance
in which local or county laws conflict with state law.
So the battle continues.
Just like to the infamous Roe v. Wade ruling in 1973,
there are fierce opponents to recognizing same-sex marriages
in the United States. In fact, opponents of same-sex
marriages have proposed a 28th Amendment, titled the
Federal Marriage Amendment, which essentially would
ban all same-sex marriages in the United States.
Page
Two > >
For
an archive of Jessica's columns, visit her archive page
at http://www.rawstory.com/exclusives/martin/.
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