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What’s really going on with Wisconsin’s Marriage Protection Amendment?
by Sister Ifama
I am really big on terminology and trying to determine what is REALLY GOING ON!!
Is it about protecting the sanctity of marriage or efforts on behalf of gays to have the right to be married to each other in the state of Wisconsin?
On a personal note, I am not against consenting adults forming a legal union, let me make that clear up front.
I don’t think ANYONE has the right to declare what two consenting, FREE adults can do in this country, with each other.
However, I do recognize that certain religions have in their tenets wording against same gender type of relationships.
It is not for ME to be their judge, that is up to them and their relationship with their belief system.
I really don’t care about that, what I do care about is “the hidden hand.”
Whose really behind the initiative and why?
In addition to this, I am also curious to know and understand the EXACT benefits of being married (I am married, by the way) outside of the religious context and a commitment made before GOD, as I have found many laws that govern personal property and so forth.
I think that it is extremely important that we really understand the meaning of terms that are being used in this controversial issue as related to the wording of Wisconsin’s Marriage Protection Amendment as well as looking at this issue nationally.
What we need to consider is WHY does Wisconsin feel that marriage needs protection in this state?
But first let’s look at the wording of the amendment to refresh our memories and then we can look at other legally governing terminologies that define various relationships be they between man and woman, same-gender or other unions (i.e. grandparent and grandchild, etc.):
“Shall section 13 of article XIII of the constitution be created to provide that only a marriage between one man and one woman be valid or recognized as a marriage in this state and that a legal status identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized in this state?”
Take a moment and digest those words before you proceed on.
Can two people (unmarried--male-female, same gender) will property to each other, visit or make medical decisions on behalf of each other, make each other their beneficiaries, etc., if and when they put it in writing (being that they both are sound in mind) and have it notarized?
Can a grandparent will ALL of his or her estate to ONE grandchild and have it legally binding, if in writing? As we look at other types of unions, we must ask, does Wisconsin already have laws governing these?
In light of our various belief systems, perhaps we should be looking into these instead, I don’t know, you must be the judge, my goal is not to persuade you one way or other the other, but to think for yourself. I simply warn you against others putting their will in your mind.
In an effort to bring clarity to what is behind this amendment, I did a little research that I would like to share with you BEFORE we go to the polls on November 7.
In the English language what is a husband?
According to the “American Heritage Dictionary” a husband is: 1: a “man” joined to a “woman” in marriage; a male spouse; 2. (chiefly British) A manager or steward, as of a household.
According to Dictionary.com a husband is: 1. a married man, esp. when considered in relation to his wife. 2. British. A manager.
According to Webster a husband is: 1. a married “man;” 2. Brit: manager, steward; 3. a fugal manager.
In the English language what is a wife: According to the “American Heritage Dictionary” a wife is: A woman joined to a man in marriage; a female spouse.
According to Dictionary.com a wife is: a woman joined in marriage to a man; a woman considered in relation to her husband; spouse.
According to “Webster” a wife is: 1. a: woman; b: a woman acting in a specified capacity; 2. a married woman.
Let’s look at the terminology of various unions: Common law marriage in a handful of states (listed below), heterosexual couples can become legally married without a license or ceremony.
This type of marriage is called a common law marriage. Contrary to popular belief, a common law marriage is not created when two people simply live together for a certain number of years. In order to have a valid common law marriage, the couple must do all of the following:
Live together for a significant period of time (not defined in any state) hold themselves out as a married couple--typically this means using the same last name, referring to the other as “my husband” or “my wife,” and filing a joint tax return, and intend to be married.
When a common law marriage exists, the spouses receive the same legal treatment given to formally married couples, including the requirement that they go through a legal divorce to end the marriage.
Just to dispel the myth: There is a common misperception that if you live together for a certain length of time (seven years is what many people believe), you are common-law married. This is not true anywhere in the United States.
States that recognize common law marriage:
Only a few states recognize common law marriages:
Alabama
Colorado
Georgia (if created before 1/1/97)
Idaho (if created before 1/1/96)
Iowa
Kansas
Montana
New Hampshire (for inheritance purposes only)
Ohio (if created before 10/10/91)
Oklahoma (possibly only if created before 11/1/98. Oklahoma’s laws and court decisions may be in conflict about whether common law marriages formed in that state after 11/1/98 will be recognized.)
Pennsylvania (if created before 1/1/05)
Rhode Island
South Carolina
Texas
Utah
Washington, D.C.
If you live in a state that does recognize common law marriage: If you live in one of the above states and you “hold yourself out to be married” (by telling the community you are married, calling each other husband and wife, using the same last name, filing joint income tax returns, etc.), you can have a common law marriage (for more information on the specific requirements of each state, see next page). Common law marriage makes you a legally married couple in every way, even though you never obtained a marriage license.
If you choose to end your relationship, you must get a divorce, even though you never had a wedding. Legally, common law married couples must play by all the same rules as “regular” married couples.
If you live in one of the common law states and don’t want your relationship to become a common law marriage, you must be clear that it is your intention not to marry.
The attorneys who wrote “Living Together” (additional information below) recommend an agreement in writing that both partners sign and date: “Jane Smith and John Doe agree as follows: That they’ve been and plan to continue living together as two free, independent beings and that neither has ever intended to enter into any form of marriage, common law or otherwise.”
If you live in a state that does not recognize common law marriage, there is no way to form a common law marriage, no matter how long you live with your partner.
There is one catch: if you spend time in a state that does recognize common law marriage, “hold yourself out as married,” and then return or move to a state that doesn’t recognize it, you are still married (since states all recognize marriages that occurred in other states). However, this is murky legal territory and we don’t recommend experimenting with it!
For more information on Common Law Marriage you may visit http://en.wikipedia.org/wiki/Common-law_marriage.
The Defense of Marriage Act, or DOMA, is the commonly-used name of a federal law of the United States that is officially known as Pub. L. No. 104-199, 110 Stat. 2419 (Sept. 21, 1996) and codified at 1 U.S.C. § 7 and 28 U.S.C. § 1738C. The law has two effects.
No state (or other political subdivision within the United States) need recognize a marriage between persons of the same sex, even if the marriage was concluded or recognized in another state.
The Federal Government may not recognize same-sex or polygamous marriages for any purpose, even if concluded or recognized by one of the states.
The bill was passed by Congress by a vote of 85-14 in the Senate and a vote of 342-67 in the House of Representatives, and was signed by President Bill Clinton on September 21, 1996.
For more information you may go to: http://en.wikipedia.org/wiki/Defense_of_Marriage_Act.
Same-sex marriage is the union of two people who are of the same biological sex, or gender. Other, less common, terms include “gender-neutral marriage,” “equal marriage,” “gay marriage,” “lesbian marriage,” “homosexual marriage,” “same-gender marriage,” or simply “marriage.”
For more information http://en.wikipedia.org/wiki/Same_sex_marriage BLOCKED::http://en.wikipedia.org/wiki/Same_sex_marriage>.
A civil union is a legal partnership agreement between two persons. They are typically created for same-sex couples with the purpose of granting them benefits that are found in marriage. Some jurisdictions, however, also allow entry by opposite-sex couples. Unions that are similar to or synonymous with civil unions include civil partnerships, registered partnerships, and domestic partnerships.
Some jurisdictions, such as the United Kingdom, have unions that on the paper are similar to marriage, while some only allow minimal reciprocal benefits.
Many people are critical of civil unions because they say it creates a separate status that’s unequal to marriage. Others are critical because they say it is introducing same-sex marriage by using a different name.
For more information you may go to: http://en.wikipedia.org/wiki/Civil_unions BLOCKED::http://en.wikipedia.org/wiki/Civil_unions.
A domestic partnership is a legal or personal relationship between individuals who live together and share a common domestic life but are not joined in a traditional marriage, a common-law marriage, or a civil union.
In some legal jurisdictions, domestic partners who live together for an extended period of time but are not legally entitled to common-law marriage may be entitled to legal protection in the form of a domestic partnership.
Some domestic partners may enter into domestic partnership agreements in order to agree contractually to issues involving property ownership, support obligations, and similar issues common to marriage. (See effects of marriage and palimony.)
For more information you may go to: http://en.wikipedia.org/wiki/Domestic_partnership <BLOCKED::http://en.wikipedia.org/wiki/Domestic_partnership>.
A reciprocal beneficiary relationship is a legal partnership between two people who are prohibited from marriage (HRS §572C-2). Certain rights and benefits which are presently available only to married couples are extended to the two individuals who enter into a reciprocal beneficiary relationship.
Those persons entering into a reciprocal beneficiary relationship must register their relationship as reciprocal beneficiaries with the Department of Health.
The reciprocal beneficiary bill would give a few legal benefits to two unmarried adults who are not eligible to marry each other, such as blood relatives or same-sex couples.
Among the protections are rights to hospital visitation, medical decision making, disposition of remains, inheritance without a will, and worker’s compensation survivor benefits.
Hawaii’s law is notably broad in one particular respect: it permits two individuals who cannot marry--like grandmother and grandchild--to enter into a reciprocal beneficiary relationship. The purpose of the registry is to validate varying kinds of personal relationships and financial interdependencies, not just those of gay couples.
For more information you may go to: http://www.voteonmarriage.org/faqsonnewamendment.pdf.
In other countries: Registered partnership is one of several terms for a civil union or civil partnership similar to marriage, typically created for the purposes of allowing same-sex couples access to the legal and social benefits of traditional marriage.
The term is used in Scandinavian countries and in The Netherlands. Registered partnerships grant more rights than civil unions in most countries, and are nearly equal to marriage, with the exception of the right to adopt and to marry in a church.
In Sweden, however, same-sex couples were given the right to adopt children in 2002. Iceland will legalize adoption as well by the end of 2006. Norway allows adoption of a legal partner’s children only.
The main argument against registered partnerhip is that it creates a situation of separate but equal. It is expected that same-sex couples in Scandinavia, Iceland and Finland will soon be granted the right to marry; in fact it may occur in Sweden in 2007.
So now that you have digested this and possibly done further research: Go to the polls on November 7 and do what you think is right, not what someone else thinks is right.
Note: I have consulted various sources for definition but for space I have cited three dictionaries, Wikipedia.com and voteonmarriage.com as my primary references for this article.
