In case anyone cares at exactly how unequal civil unions are and exactly how unfair the proposed federal constitutional amendment is this article makes some noteworthy points:
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Marriage far outstrips civil unions in benefits
Question: What do marriages offer same-sex couples that civil unions don't?
Answer: There are more than 1,100 federal benefits and protections tied to marriage that are denied to people in civil unions. Here are some of the differences:
• Husbands or wives who survive their spouse are eligible for Social Security benefits, but that is not true of surviving partners of a same-sex relationship.
• U.S. citizens who marry someone from another country may petition for their partner to immigrate, but that is not true of U.S. citizens who enter into a civil union with someone from another country.
• A husband or wife who inherits property from a deceased spouse does not have to pay estate taxes on the property, but that is not true of the surviving partner in a civil union.
• Heterosexual couples who want to get married may do so in any state, and their marriage will be recognized throughout the country. But civil unions are not available in every state and the legal rights attached to such unions are not recognized throughout the country. Only one state — Vermont — grants civil unions to same-sex partners.
Q: At what age can two people legally marry?
A: A man and a woman can marry without parental consent at age 18 in almost every state, according to the Legal Information Institute at Cornell Law School. The exceptions are Mississippi, where boys can marry at age 17 and girls at 15, and Nebraska, where the minimum age is 19.
Girls can marry as young as age 12 in Kansas and Massachusetts with parental consent or permission from a judge. And boys as young as 14 can get married in those states with their parents' permission. Most other states allow children to marry at age 16 or 17 with their parents' approval.
Q: Where else in the world can same-sex couples legally marry?
A: In 2001, the Netherlands became the first country to extend full marriage rights to same-sex couples. Belgium has since passed a similar law. Last year, Ontario and British Columbia became the first Canadian provinces to open up marriage to gays and lesbians.
Beginning May 17, same-sex couples residing in Massachusetts will have the right to marry while lawmakers and voters consider a referendum and a constitutional amendment to ban it. These legal recourses could take two years to complete.
Q: If the Constitution is amended to ban gay marriage, can future generations reverse that decision?
A: The country overturned a constitutional amendment in 1933, when it repealed Prohibition. But sponsors of the Federal Marriage Amendment crafted their measure as the final word on the matter. The proposed amendment specifically states that no constitution — federal or state — shall be later construed to give gays and lesbians the right to marry.
Critics say it's unfair to hog-tie the deliberations of future generations.
Q: Are fewer American children living in a two-parent home?
A: Yes. In 1960, 88% of American children lived in a two-parent home. By the 2000 census, that had dropped to 69%.
In addition, the percentage of children living apart from their biological fathers has doubled since 1960, from 17% to 34%. And the percentage of children living with a single parent has tripled, from 9% to 28%, according to the National Marriage Project, a nonpartisan research institution at Rutgers University.
Q: Are more unmarried American couples choosing to raise children?
A: Yes. The number of unmarried heterosexual couples living with children rose from 197,000 in 1960 to 1.7 million in 2000 — an 850% increase. It's estimated that 40% of American children today will spend some of their childhood in a cohabiting household, according to the National Marriage Project's report, State of Our Unions 2003.
Q: What does President Bush's "Healthy Marriage Initiative" propose?
A: The proposal, part of legislation to renew the 1996 welfare law, would spend $300 million in grant money each year teaching communication skills to people in low-income neighborhoods to reinforce existing marriage education programs.
Participation would be voluntary. The plan is to bolster and offer competitive grants to state and local governments, and to qualifying nongovernment organizations. The welfare bill is currently being debated on Capitol Hill.