Same-sex Marriage, Civil Union and Civil Rights
Educational Information and Stats that Accompany the PDN
Photo Show
PA Diversity Network Photo Project - 300 Same-sex Couples:
Facing Inequality
Photos
of 283 local same-sex couples serve to remind the
mainstream public of the discrimination and inequality our
community will experiences due to the lack of legal state
and federal recognition of our relationships.
This is an on-going project. If you and your same-sex
partner are located in the greater Lehigh Valley or Berks
County and would like to join the project, please call
Photo Project creator Liz Bradbury at the PDN offices at
610-432-5449, or email lbradbury@padiversity.org.
Couples from other parts of PA are also welcome to join
the Project.
Project
stats:
These stats will be updated soon
* This exhibition includes photos of 283 same-sex couples.
More couples are always needed.
* All are from PA. More than 90% of the couples are from
the greater Lehigh Valley and Berks County.
* At this point 124 of the couples are male and 159 are
female.
* 91 of these couples have children.
* All of the photos were taken by PDN Executive Director
Liz Bradbury except the one of Nadine Anderson and Jan
Markee, which was taken by Carol Grow and reformatted by
Liz Bradbury.
* This project was begun in February 2006. (Add to "years
together" accordingly.)
THE
BELOW STATS, INFORMATION AND STATEMENTS ACCOMPANY THE PHOTO
PROJECT:
This couple is holding a denial of marriage license form
from Lehigh County Courthouse -- A PA State law passed in
1996 disallows marriage between same-sex couples.
HB 2381 - The Anti-Equality State Constitutional Amendment:
"Only a marriage between one man and one woman shall be
valid or recognized as a marriage in this Commonwealth, and
neither the Commonwealth nor any of its political
subdivisions shall create or recognize a legal status
identical or substantially equivalent to that of marriage
for unmarried individuals."
The aim of this State Constitutional Amendment was to
prohibit same-sex marriages, civil unions and any
recognition of same-sex families in PA forever. Since there
is already a law (The state Defense of Marriage Act that
defines marriage as a union of a man and a woman), this
effort was seen as a purely divisive and political move.
Besides enshrining discrimination against a specific
minority group in the State Constitution this amendment
would also have additional far reaching effects such as
eliminating Domestic Partnership Benefits offered by state
and local government, influencing adoption and making
domestic abusive law applicable only to those who are
legally married, disallowing protections for same-sex and
opposite sex couples as well. The campaign to pass this
amendment was be hateful, cruel and full of misinformation.
This PA Constitutional Amendment passed through the PA
State House. When it was brought to State Senate committee,
the anti-civil union and any recognition language was
removed. So Senators voted to replace that language, but
that vote failed. The State Senate then voted to pass the
anti-gay Amendment which would have prohibited same-sex
marriage in the Constitution. All Lehigh Valley State
Senators voted to pass it. However, it was then held by the
House until the end of the term and it died without a vote
on the new language. It may come up again at any time.
Similar Federal Amendment language and intent was pressed
by far right extremists in Washington DC to add
discrimination to the US Constitution. Though the passage
of this amendment in PA has been unsuccessful, conservative
Republicans are still trying to pass it.
According to the 2000 US census, over a million children
are being raised by same-sex parents.
A recent study of Philadelphia families has indicated that
lesbian African-American couples are more likely to be
raising children than opposite-sex African-American
couples.
State Rep. Doug Reichley told local constituents that he
didn't think gays have demonstrated that they deserve
marriage. Which of these couples was he talking about?
Legally married
people pay less for car insurance.
Lehigh Valley State Senator Lisa Boscola voted to add the
anti-civil union language back into the state
Constitutional Amendment. She was the only Democrat State
Senator to do so. She also tried to lobby other Democrat
State Senators to do so. She has stated that gay families
are not as deserving of equality as her family.
As a candidate for PA Governor Lynn Swann stated that he
thought passing an amendment would "stop same-sex couples"
These 300 couples will not disappear if an amendment is
passed. We'll just continue to be treated as second class
citizens.
"This sort of marriage is not in the best interest of
children."
“God has a plan for marriage and this isn't
it."
"Allowing this kind of marriage will pave the way for all
sorts of moral depravity."
-- 1960s comments against interracial marriage by far right
extremists. Interracial marriage was illegal in many US
States until the Loving vs. The State of Virginia Supreme
Court decision in 1967.
At that time, only 30% of US citizens supported interracial
marriage. Currently over 60% of US citizens support legal
rights for same-sex couples.
PA State
Residents can get a civil union in New Jersey, but the
state of PA will not recognize it.
There is no PA State or Federal law that protects people
from employment, housing, or public accommodation
discrimination based on sexual orientation.
These couples risk discrimination by appearing in this
project.
A Bill has been
introduced in Harrisburg to add sexual orientation and
gender identity the State Human Relations Act which bans
discrimination in employment, housing and public
accommodation.
Over 1138 Federal rights and nearly 700 PA State rights are
granted by civil marriage.
Federal Marriage Rights include:
Access to Military Stores
Assumption of Spouse’s Pension
Bereavement Leave
Immigration
Insurance Breaks
Medical Decisions on Behalf of Partner
Sick Leave to Care for Partner
Social Security Survivor Benefits
Tax Breaks
Veteran’s Discounts
Visitation of Partner in Hospital or Prison
State Marriage Rights include:
Assumption of Spouse’s Pension
Automatic Inheritance
Automatic Housing
Lease Transfer
Bereavement Leave
Burial Determination
Child Custody
Crime Victim’s Recovery Benefits
Divorce Protections
Domestic Violence Protection
Exemption from Property Tax on Partner’s Death
Immunity from Testifying Against Spouse
Insurance Breaks
Joint Adoption and Foster Care
Joint Bankruptcy
Joint Parenting (Insurance Coverage, School Records)
Medical Decisions on Behalf of Partner
Certain Property Rights
Reduced Rate Memberships
Sick Leave to Care for Partner
Visitation of Partner’s Children
Visitation of Partner in Hospital or Prison
Wrongful Death (Loss of Consort) Benefits
Countries that currently allow same-sex registered
partnerships / civil unions:
* Denmark, 1989.
* Sweden, 1996.
* Norway, 1996.
* Iceland, 1996.
* France, 1999.
* Germany, 2001.
* Portugal, 2001
* Finland, 2002.
* Luxembourg, 2004.
* New Zealand, 2004.
* Britain, 2005.
* Switzerland, 2005.
* Uruguay, 2007.
* Columbia, 2007.
* Hungary, 2009
The rights available to same-sex couples vary from country
to country.
Countries that currently allow same-sex marriage:
* The Netherlands, 2001.
* Belgium, 2003.
* Canada, 2005.
* Spain, 2005.
* South Africa
* Israel (Recognizes marriages performed in other
countries)
* All Europen Union Countires have equal legal rights for
same-sex couples.
In PA when one
of the members of these couples dies, the surviving member
must immediately pay a 15% inheritance tax on the property
they own together, as though they were strangers.
Legally married partners pay only 7% - and they defer that
tax until after their own death.
Though this project has many couples that have been
together for many years. Do not discount committed same-sex
couples whose relationships have just begun. An opposite
sex couple who legally marries gets full legal rights
immediately, whether they have known each other for five
years or five minutes.
The United States has no time requirement for legal
marriage.
An opposite-sex couple can be married and divorced in Las
Vegas in one day.
No law can compel a religious denomination to marry a
couple.
Many churches refuse to marry divorced people, or people of
other faiths.
Even if a company gives domestic partner health benefits,
the partner employee
must pay tax on the value of the benefit.
Legally married people pay no tax on their spouse's health
benefits.
Civil unions do not confer federal rights.
Civil Unions are not recognized in PA.
Civil unions are only recognized in the state they are
issued. (Vermont, Connecticut, New Jersey, and New
Hampshire).
Massachusetts and California offer legal marriage to
same-sex Couples and New York recognizes marriages from
other states and countries. However, because the US Federal
Government does not recognize same-sex marriage, couples
married in these states do not receive Federal marriage
rights. These rights include immigration rights, social
security, spousal benefits for armed services and 1135
other Federal rights.
Several couples in this project have civil unions - for
which they get no rights in PA.
A Constitutional Amendment will not protect anyone's
marriage.
A Constitutional Amendment will forever deny the children
of same-sex couples legally married parents.
A company that
does not give domestic partner benefits does not support
its GLBT employees!
A company that does not give domestic partner benefits does
not support its GLBT employees!!
A company that does not give domestic partner benefits does
not support its GLBT employees!!!
There are at least five religious denominations in he
Lehigh Valley
that "religiously" marry same-sex couples.
Metropolitan Community Church
Quaker
Unitarian Universalist
Reconstructionist and Reform Judaism
United Church of Christ
Same-sex couples already have religious marriage. It is
civil marriage rights we lack.
Religious Denominations can choose whom they allow to marry
regardless of the law. Some religions will not marry those
ourside the faith or those who are divorced - and they
cannot be compelled to marry couple.
Pope Benedict
xv1 has called same-sex relationships "weak," and said they
should not be confused with the idea; marriage between one
man and one woman. The pontiff may be trying to influence
politics in Italy, where a poll finds 71% of respondents
are in favor of civil unions for gay and lesbian couples.
Under "don't
ask, don't tell" if a solider mentions he or she is worried
about their civil unioned same-sex partner back home to a
military chaplain, a military counselor the soldier's CO.,
or any other military personnel. Those people would be
acting against military regulations if they do not move
immediately to have the soldier discharged.
The
military still provides that an "attempted marriage" to a
person of the same sex is a ground for discharge, and may
view a civil union as the equivalent of a marriage for
these purposes. In other words, entering a civil union is
likely to violate the "don't tell" provisions of the
military's anti-gay policy, and cause separation from
military service for that reason.
"I still hear
people say that I should not be talking about the rights of
gay and lesbian people and I should stick to the issue of
racial justice... But i hasten to remind them that Martin
Luther King jr. said, ' injustice anywhere is a threat to
justice everywhere'."
-- Coretta Scott King
We reject any attempts to pit the struggle of multiple
communities against each other and firmly believe that
"rights' are not in limited supple. -- From a letter by a
group of immigrant glbt community leaders rejecting the
suggestion that glbt people should not support the fight
for immigrants rights and stressing the danger of bowing to
the efforts of conservatives to pit one minority group
against another.
In the United States...
Marriage is a legal term that means state and federal
rights.
Civil Union is a legal term that means local state rights
only.
US census stats indicate that 1/3 of lesbian and 1/5 of gay
male households are raising children. The families in this
photo project reflect that statistic.
It is not true that the GLBT community makes more money or
has more education than the straight community. That myth
was made up by advertisers to sell ad space and now is used
by conservatives to deny us Civil Rights laws. GLBT people
do have stronger (pro-glbt) brand loyalty.
Civil marriage and civil unions are not the same.
Civil unions do not confer federal marriage rights.
Civil unions are not portable from state to state.
The
State Representative of one of the participants in this
project told him that Pennsylvania was a good state for
health care and support of senior citizens. He also said
that he supported the Constitutional Amendment and
suggested that gays should just leave the state. The
project participant replied, “I’m a physical
therapist who works with the elderly, if I leave the state
who is going to take care of the senior citizens I care
for?”
Among the 300 couples in this project are 91 health care
workers:
8 -
Certified Nurse Assistants / Aides
1 - Psychiatric Aide
9 - Social Workers
1 - Nursing Administrator
18 - Registered Nurses
1 - Licensed Practical Nurse
1 - Dialysis Technician
1 - MRI Technician
1 - Phlebotomist
1 - Laboratory Associate
1 - Laboratory Clerk
2 - Psychologist
1 - Licensed Professional
Counselor
1 - Mental Health
Case Management Supervisor
1 - Bereavement Counselor Hospice
1 - Hospital Director of Pastoral Care
1 - Hospice Chaplain
1 - Hospital Manager
1 - Hospice Volunteer Coordinator
5 - Home Health Aides
2 - Physical Therapists
2 - Physical Therapist Assistant
2 - Pharmacists
4 - Physicians
1 - Chiropractor
1 - Hospital Director (retired)
1 - Hospital Administrator (retired)
1 - College Student
in Health Care
3 - Drug & Alcohol Counselor
1 - Dietary Aide
1 - Pharmacy Technician
1 - Radiographer
1 - Retired Radiology Tech
1 - Audiology Technician
1 - Therapist
1 - Medical Researcher
1 - HIV Care Provider
1 - Dental Lab Tech
1 - EMT
1 - Paramedic
1 - M.R. Aide
1 - Polysomnographer
3 - Massage Therapists
1 - Occupational Therapist
Federal (United States Civil Rights Law) Protected
Classes:
(for
employment, housing and public accommodation)
Race, Color, Religion, National Origin, Gender, Pregnancy,
Age (over 40), Disabilities, Vietnam Veterans
State
of Pennsylvania Protected Classes:
Race, color, religion, ancestry, age (40 and above), sex,
national origin, non-job related disability, possession of
a diploma based on passing a general education development
test, willingness or refusal to participate in abortion or
sterilization or to refuse to contract with certain
independent contractors for the same reason
Local
Municipality Protected Classes:
(Allentown,
New Hope, Scranton, Easton)
Race, color, religion, national origin, ancestry or place
of birth, sex, gender identity, sexual orientation,
disability, marital status, family status (in housing
only), age or use of a guide animal due to blindness,
deafness or physical disability
There
are 14 PA Municipalities that protect citizens based on
sexual orientation and/or gender identity, other protected
classes vary in these municipalities:
Allentown, Easton, York, Harrisburg, Lancaster, Pittsburgh,
Philadelphia, Scranton, New Hope, Erie County, West
Chester, Lansdowne, Swarthmore, and State College. No Other
PA town or city has these protections.
There is no state or federal law that protects you from
discrimination based on sexual orientation or gender
identity, whether you are gay or not.
CLICK HERE FOR FURTHER
IN FORMATION ABOUT THE DIFFERENCE BETWEEN CIVIL UNIONS
AND LEGAL MARRIAGE.