Monday, January 23, 2012

The legal stuff

When we tell people that we're getting married, the immediate response is usually "Congratulations!" or "Mazel tov!" or "Are you going out of your minds with all of the planning?" Sometimes, especially if the person isn't from the DC area, this is followed by a question - "Is it legal?"

The short answer is yes, at least in DC. The longer answer is yes, but the rights, privileges, and responsibilities of marriage do not apply equally in all cases and all places.

As of today, six states (Connecticut, Iowa, Massachusetts, New Hampshire, New York, Vermont) and the District of Columbia grant marriages between partners of the same sex. [3/2/12 UPDATE: The governors of Washington and Maryland have signed marriage equality into law, but the measures have not yet taken effect. In New Jersey, despite passage by both chambers of the legislature, the governor vetoed the legislation - although work is underway to override this veto.] Several other states offer some level of recognition to same-sex couples, generally civil unions or domestic partnerships, but these ultimately fall short of marriage. A few states recognize marriages, civil unions, and domestic partnerships granted by other states, even though they have not yet enacted laws allowing these unions to be performed within the state.

Sadly, more than half of the states in the US, including Emily's home state of Michigan, have constitutionally banned same-sex marriage and partnerships. At the federal level, the 1996 Defense of Marriage Act prevents over 1,000 benefits, rights, and privileges granted to opposite-sex married couples from being extended to same-sex couples. This means that while we'll pay taxes as married in DC, we have to file as single for our federal taxes; we can't access each other's social security benefits; and if we move to another state our marriage might be viewed as invalid.

We are quite lucky to live in a district where all couples have equal rights to marry. However, there is a long way to go before civil marriage is recognized in all states and across the country. If you are interested in learning more about the progress being made toward marriage equality, we encourage you to visit Freedom to Marry or Human Rights Campaign.

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