Wednesday, March 18, 2009

What's the legal status of gay marriage efforts?

What's the legal status of gay marriage efforts?
Copyright © 2009, Chicago Tribune
March 18, 2009
http://www.chicagotribune.com/news/local/chi-gay-marriage-qa-18-mar18,0,4886613.story

Here are some details on the debate over Proposition 8, which bans same-sex marriages in California, and on the current state of civil unions in Illinois:

QHow did Proposition 8 come about?

AIn March 2000, California voters approved Proposition 22, specifying that only marriages between men and women would be recognized. Then, in 2004, San Francisco Mayor Gavin Newsom decided to allow gay marriage in his city, setting off a legal battle.

After twists and turns, the California Supreme Court ruled in May 2008 that same-sex couples have a "right to marry" and that Prop. 22 was unconstitutional. Gay marriages went forward. By November, the other side was back with Prop. 8, a voter initiative that would limit marriage to a man and a woman—but as an amendment to the state constitution. It passed and is being challenged.

QWhen will the California Supreme Court rule on Prop. 8?

A The court heard arguments this month and promised a decision within 90 days.

QWhat is the legal argument of those who defend Prop. 8?

AThey say that the people have spoken.

QWhat does the other side say?

AThey argue that the freedom of gay people to marry is a fundamental right under the California Constitution that can't be denied just because a majority of California voters want to.

QWhat is the status of same-sex marriages in California?

AThey are suspended, pending the outcome in court.

QWhat about same-sex couples who wed during the time the marriages were legal?

AIf Prop. 8 is upheld, the court has promised a decision on retroactivity.

QWhat kind of legislation involving the rights of gay and lesbian couples is being considered in Illinois?

AThis month, the Civil Unions Act sponsored by Rep. Greg Harris (D-Chicago) cleared a committee on a 4-3 party-line vote. Harris believes the act has a good chance of being passed in the House this year, but it is likely to face a stiffer challenge in the Senate. The bill would grant same-sex and unmarried opposite-sex couples rights to hospital visitation, health- care decisions and certain probate rights.

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