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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).

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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 domestic partnership, 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 judicial ruling leading to 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, Norway, portions of Spain, and Sweden. The Netherlands and Belgium, along with Canada, permit same-sex marriage.

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, Columbia, the Czech Republic, Germany, Portugal, the remainder of Spain, and the United Kingdom. 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

Vermont's Civil Union law confers all the rights, benefits, and responsibilities of marriage on same-sex couples.

social sciences >> Overview:  Commitment Ceremonies

Similar to heterosexual weddings, commitment ceremonies of same-sex partnerships are legally recognized in some countries, but generally not in the United States.

social sciences >> Overview:  Family

Many glbtq people reject a fixed definition of family imposed by society, and instead claim the right to define their own families as they choose.

social sciences >> Overview:  Gay Rights Movement, U. S.

The U.S. gay rights movement has made significant progress toward achieving equality for glbtq Americans, and in the process has become more inclusive and diverse, but much remains to be done.

social sciences >> Overview:  Organized Labor

Early in the gay rights movement activists challenged organized labor to broaden its struggle against discrimination to include sexual identity; consequently labor unions became some of the first mainstream organizations to call for equal rights.

social sciences >> Overview:  Same-Sex Marriage

Lesbian and gay couples have been fighting for the freedom to marry since the dawn of the modern glbtq struggle for equality; despite some success abroad, progress toward same-sex marriage in the United States has been slow.

social sciences >> Overview:  Switzerland

Switzerland is a very cosmopolitan nation with a vibrant glbtq community, but it has lagged behind much of Europe, particularly the Nordic countries, when it comes to assuring equal rights.

social sciences >> Overview:  Workplace Discrimination

Although work remains to be done, the expansion of protection from workplace discrimination based on sexual orientation stands as one of the significant accomplishments of the American lesbian and gay civil rights movement.

social sciences >> Empire State Pride Agenda

The Empire State Pride Agenda, which lobbies New York governments at both state and local levels for equal rights, is recognized as among the strongest statewide glbtq political organizations in the United States.

social sciences >> Equality California (EQCA)

Equality California (EQCA) is one of the largest and fastest growing statewide glbtq advocacy and civil rights organizations in the United States.

social sciences >> Human Rights Campaign (HRC)

The largest glbtq political organization in the United States, the Human Rights Campaign has emerged as the leading national organization representing glbtq concerns.

social sciences >> Whipple, Diane

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.


    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 May 18, 2008  
    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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