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No U.S. state has legalized marriage for same-sex couples. But it's right around the corner. In November 2003, the Massachusetts Supreme Court found that gay couples must be given equal marriage rights under the state constitution. Same-sex marriages will be legal in Massachusetts in May 2004. In February 2004, San Francisco Mayor Gavin Newsom directed the county clerk to issue gender-neutral marriage licenses. Newsom said that California's equal-protection and non-discrimination provisions give gays equal access to marriage. Del Martin and Phyllis Lyon were the first
same-sex couple in the U.S. to tie the knot. The lesbian activists have been together for over 50 years. When we sat down to write this, more than 3,000 gay and lesbian couples have married in San Francisco. Later that same month, a New Mexico county clerk began issuing marriage licenses to gay couples. The clerk and the county attorney noted that state law was unclear and did not specify genders for marriage. The legality of the San Francisco and New Mexico marriages will undoubtedly be debated in the courts.
Even before these developments, states tried to extend some rights associated with marriage to all couples. In 2000, Vermont legalized civil unions giving gays and lesbians all the state benefits and responsibilities of marriage. California, Hawaii, and New Jersey give same-sex couples some spousal rights under their domestic-partner laws. Eight states and the District of Columbia allow bereavement and family-illness leave for domestic partners. Some of these states offer select benefits for domestic partners of government employees. However, even states that recognize domestic partnerships don't allow the term "marriage" for gay unions. In fact, 38 states
have laws banning same-sex marriage. While the specifics of marriage are left to state laws, the U.S. Congress weighed in on the matter with the 1996 passage of the Defense of Marriage Act. This law says that no U.S. state has to recognize a same-sex marriage performed in another state. It also defines marriage as between a man and a woman for the purposes of the federal government. This effectively bars same-sex couples from enjoying the 1,049 federal
benefits and responsibilities of marriage. These benefits include hospital visitation rights, making medical decisions for a spouse, filing joint tax returns, inheritance rights, and Social Security survivor benefits.
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