What Is the Difference Between Heterosexual and Homosexual Marriage Rights?
Because it is a federation of states, America has many laws that only apply to specific states. This is also true of marriage rights for homosexuals. This is unique in that most other nations have laws on this matter that are enforced countrywide. Therefore, marriage rights of homosexual couples vary between states while those for heterosexual couples are uniform.
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Differences in the United States
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Differences between marriage rights vary in the U.S. and depend upon which state you plan to get married in. Some states have explicitly banned gay marriages in amendments to their constitutions whereas other states have made changes that state that only unions between people of the opposite sex are recognized. For example, Massachusetts, Connecticut, California, Iowa, Vermont, New Hampshire, New York and the District of Columbia have issued marriage licenses to same sex couples. However, California amended its constitution in 2008 to define a marriage as between one man and one woman. The situation remains stayed, as of September 2011, pending the state appeals process, but marriages prior to the constitutional amendment remain valid.
Differences for Immigrants
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The rights for same sex marriages between couples who marry overseas and then come to the United States are also unclear. For example, apart from Canada, other nationals who wish to settle in America require a green card, but under federal law the marriage residency requirement cannot be used by same sex partners to live there. Furthermore, once residency has been established, the recognition of a same sex marriage will be determined by the laws of the particular state.
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Differences in the United Kingdom
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Since December 2005, homosexual couples have been allowed to enter into what are known as civil partnerships in the UK. These carry the same legal rights as marriages between heterosexual couples. However, they cannot be performed in churches or other places of religious worship. Nor can heterosexual partners enter into unions that are civil partnerships. The advantage of civil partnerships is that couples can make a lifetime commitment to each other without being married, which some heterosexual couples may also prefer.
Proposed Changes in the United Kingdom
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The Equalities Minister disclosed in 2011 a government intention to consult over marriage laws. It is proposed to change the laws concerning marriage and civil partnerships so that either type of union can be entered into, regardless of sexual orientation, and that ceremonies can be conducted on religious grounds. According to Alan Travis of "The Guardian" newspaper, the individual church will retain the right to determine whether it will conduct such services. For example, the Catholic Church and Church of England are not enthusiastic while the Quakers, liberal Jews and Unitarians have welcomed the move.
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References
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