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MarriageWatch Update

January 19, 2001

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**Canadian Church Seeks Legal Loophole for Same-Sex “Marriage”**

**Pro-Marriage Bills Introduced Nationwide**

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CANADIAN CHURCH SEEKS LEGAL LOOPHOLE FOR SAME-SEX "MARRIAGE"

Over the past week, much ink has been invested in newspapers across Canada discussing what has been described as the first same-sex “marriage” anywhere in the world. Rev. Brent Hawkes of the Metropolitan Community Church in Toronto claims to have legally married two same-sex couples under an obscure provision of Ontario law. The law in question authorizes issuance of a marriage license to “any person” after publication of “banns of marriage” for three consecutive weeks. While Rev. Hawkes complied with the publication requirements of the law, and in spite of the widely reported significance of these “marriages,” their legal validity is highly doubtful. Canadian law adheres to a traditional definition of marriage, permitting issuance of a marriage license only to male-female couples. Ontario officials, cognizant of Canadian law on this point, have indicated that they will reject the same-sex “marriage” applications. Attorneys for the same-sex couples have promised to challenge denial of the licenses in court. Other cases challenging the legal definition of marriage are already pending in provincial courts in Ontario, Quebec and British Columbia.

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PRO-MARRIAGE BILLS INTRODUCED NATIONWIDE

As new legislative sessions open in statehouses across the United States, numerous bills have been introduced to strengthen and defend the institution of marriage. While some of these bills may find little chance of passage in a hostile legislative environment, other bills appear to signify a renewed widespread concern for protecting the status of marriage in the state. In the light of Vermont civil unions and the recent enactment of same-sex “marriage” legislation in the Netherlands, the threat to state marriage laws has become immediate and tangible.

A brief look at the numbers reveals that marriage protection laws have been introduced in four of the fifteen states that have not yet prohibited recognition of same-sex “marriage.” One state will consider legislation this session which would expand its existing marriage protection law to specifically respond to the threat of civil unions. Several other states are expected to see similar legislation introduced later in the year. In an affirmative step to strengthen marriage and minimize the prevalence of divorce, legislators in eight states have introduced covenant marriage legislation, following in the footsteps of Louisiana and Arizona to give prospective spouses the option of choosing to waive access to the standard no-fault divorce scheme. On the flip side, at least three states are considering legislation which would grant some form of legal benefits to same-sex domestic partnerships, while legislators in several states have promised to introduce bills to recognize Vermont civil unions.

INTRODUCED MARRIAGE PROTECTION BILLS (prohibiting same-sex “marriage”)

Missouri Senate Bill 180

New Jersey Assembly Bill 803; New Jersey Senate Bill 57

New York Assembly Bill 892

Texas House Bill 496

Oklahoma House Bill 1147 (amendment of existing law to specifically address civil unions)

INTRODUCED COVENANT MARRIAGE BILLS

Georgia House Bill 17

Iowa House Bill 23

Minnesota House Bill 56

Mississippi House Bill 111

New Jersey Assembly Bill 2640

Oklahoma House Bill 1001

Texas House Bill 352; Texas Senate Bill 70

Virginia House Bill 1534

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