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social sciences

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Domestic Partnerships  
 
page: 1  2  3  

Although many religious denominations refuse to allow same-sex marriages, some denominations do allow their clergy to perform marriages, or at least "holy unions" (the religious equivalent of a domestic partnership). The United States government, whether state or federal, has no authority to prohibit same-sex religious marriages, but is also not obliged to recognize such marriages.

Civil marriage requires a ceremony with an officiant, but it is devoid of religious content. This is the type of marriage that same-sex marriage activists tend to advocate. But common law marriage is another option as well. Common law marriage does not require a marriage certificate or any sort of ceremony but instead provides the benefits of marriage to any couple who has lived together and been jointly financially responsible for a certain number of years (the number varies by jurisdiction).

Sponsor Message.

Under common law marriage, many same-sex couples should be considered married, but are not, simply because of their gender. Recognition of these relationships as marriages would be a great advance from most domestic partnerships, though neither quite as beneficial nor quite as controversial as legalizing civil marriages.

Domestic Partnerships outside the United States

The domestic partnership was common in some Canadian provinces until the recent attainment of marriage equality in that country. Other countries that offer extensive domestic partnership benefits, or indeed arrangements more beneficial than domestic partnership, include Denmark, France, Greenland, Hungary, Iceland, portions of Italy, and Norway. The Netherlands, Belgium, Canada, Spain, Sweden, and Norway permit same-sex marriage. The United Kingdom offers civil partnerships that are equivalent to marriage in rights and responsibilities, but lack the religious element that is an option for heterosexually married couples.

Argentina, Australia, Israel, New Zealand, and South Africa require that employers offer some benefits for domestic partners. More limited domestic partnership benefits are available in Austria, Belgium, Brazil, Colombia, the Czech Republic, Germany, and Portugal, As the European Union moves to require its member states to enforce its guarantees of equal rights, the number of states that recognize domestic partnerships is likely to grow.

Mikaila Mariel Lemonik Arthur

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social sciences >> Overview:  Civil Union

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social sciences >> Overview:  Commitment Ceremonies

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social sciences >> Overview:  Same-Sex Marriage

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social sciences >> Overview:  Switzerland

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social sciences >> Overview:  Workplace Discrimination

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social sciences >> ACLU LGBT & AIDS Project

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social sciences >> Defense of Marriage Act (DOMA)

The Defense of Marriage Act (DOMA) authorizes states to refuse to recognize same-sex marriages or domestic partnerships or civil unions and it requires that federal bureaus and agencies recognize only opposite-sex marriages.

social sciences >> Empire State Pride Agenda

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social sciences >> Equality California (EQCA)

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social sciences >> Human Rights Campaign (HRC)

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social sciences >> National Center for Lesbian Rights

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social sciences >> Ride, Sally

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Diane Whipple, the coach of the women's lacrosse team at Saint Mary's College in California, was killed in a dog-mauling; the response of her partner helped establish the right of same-sex partners to equal treatment with heterosexuals.

social sciences >> Wolfson, Evan

Evan Wolfson has participated in some of the crucial legal battles in the struggle for glbtq rights, and has been particularly visible in the quest for marriage equality.


    Bibliography
   

Andens, Mass Tnnesson and Robert Wintemute. The Legal Recognition of Same-Sex Partnerships: A Study of National, European, and International Law. Oxford: Hart Press, 2001.

Hollingdale, Linda. Creating Civil Union: Opening Hearts and Minds. Hinesburg, Vt.: Common Humanity Press, 2002.

Khon, Sally. The Domestic Partnership Organizing Manual for Employees. www.ngltf.org/library/dp_pub.htm.

Renzetti, Claire, and Charles Harvey Miley. Violence in Gay and Lesbian Domestic Partnerships. Binghamton, N. Y.: Harrington Park Press, 1996.

Strasser, Mark. On Same-Sex Marriage, Civil Unions, and the Rule of Law: Constitutional Interpretation at the Crossroads. Westport, Conn.: Praeger, 2002,

Whitacre, Diane. Will You Be Mine? Domestic Partnership San Francisco City Hall, February 14, 1991. San Francisco: Crooked Street Press, 1993.

 

    Citation Information
         
    Author: Arthur, Mikaila Mariel Lemonik  
    Entry Title: Domestic Partnerships  
    General Editor: Claude J. Summers  
    Publication Name: glbtq: An Encyclopedia of Gay, Lesbian, Bisexual,
Transgender, and Queer Culture
 
    Publication Date: 2004  
    Date Last Updated September 1, 2009  
    Web Address www.glbtq.com/social-sciences/domestic_partnerships.html  
    Publisher glbtq, Inc.
1130 West Adams
Chicago, IL   60607
 
    Today's Date  
    Encyclopedia Copyright: © 2002-2006, glbtq, Inc.  
    Entry Copyright © 2004, glbtq, inc.  
 

 

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