Same-sex Marriage, Civil Union and Civil Rights
Educational Information and Stats that Accompany the PDN
Photo Show
PA Diversity Network Photo Project - 718 Same-sex Couples:
Facing Inequality
Photos
of 718 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 718 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 250 of the couples are male and 468 are
female.
* 228 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 (this is a bill that was introduced in 2006 and
ultimately died) - The Anti-Equality State Constitutional
Amendment that was pushed in the past by conservative PA
Legislators:
"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."
2009 - PA State Senator John Eichelberger announced that he
intended to introduce a new Anti-Marriage Equality
Constitutional Amendment in PA. He did so and it ultimately
died in Committee after passing the Senate.
The aim of an anti-gay State Constitutional Amendment is 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 is seen as a purely divisive and political move.
Besides enshrining discrimination against a specific
minority group in the State Constitution this amendment
could 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.
Previously - 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. Some 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.
State Senator Eichelberger has introduced a new
Constitutional Amendment Bill in 2011.
2009 - PA State Senator Daylin Leach has introduced a
pro-marriage equality bill - SB 935 - that would allow
same-sex couples to legally marry in PA and would recognize
legal same-sex marriages in PA that were preformed in other
States and Countries. In 2011, State Rep. Babette Josephs
introduced a similar bill in the State House.
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.
In 2007, 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. In 2009,
Lisa Boscola voted to defeat a Constitutional Amendment in
committee. She has further stated that she does not believe
marriage should be regulated by the Constitution of the
State.
As a candidate for PA Governor Lynn Swann stated that he
thought passing an amendment would "stop same-sex couples"
These nearly 400 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.
PA State Residents can get married in CT, MA, VT, NH,
Washigton DC, New York and other countries like Canada and
Mexico which have marriage equality. But PA and the US
Federal Government 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 or gender
identity.
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. It has been stalled in committee by most
Republicans and some Conservation Democrats.
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:
The rights available to
same-sex couples vary from country to
country.
Countries that
currently allow same-sex registered partnerships / civil
unions:
* Denmark, 1989.
* Sweden, 1996.
* Norway, 1996.
* France, 1999.
* Germany, 2001.
* Portugal, 2001
* Finland, 2002.
* Luxembourg, 2004.
* New Zealand, 2004.
* Britain, 2005.
* Switzerland, 2005.
* Andorra, 2005
* Czech Republic, 2006
* Slovenia, 2006
* Uruguay, 2007.
* Columbia, 2007.
* Hungary, 2009
US States that perform
same-sex marriages:
*Massachusetts (2003)
*Connecticut (2008)
*California (2008) overturned by anti-equality bill Prop 8
but 20,000 marriages in the legal one year period were
upheld by the court.
*Iowa (2009)
*Vermont (2009)
*New Hampshire (2009)
*District of Colombia (2010)
*New York State (2011)
US States that
recognize same-sex marriages from other countries or
states:
Rhode Island
(?), Maryland (2010)
US States that formally
had civil union but found it to be discriminatory and so
passed Marriage Equality:
*Vermont
*Connecticut
*New Hampshire
US States that
currently have civil union only
*New Jersey
*Illinois (2011)
*Hawaii* (2011)
*Delaware (will go into effect in 2012)
US States that have
some form of Domestic Partnership Law that gives some
rights to same-sex couples
Hawaii, Colorado, Nevada, the
District of Columbia, Oregon, Washington, Maryland,
California
Recognition of some or
all rights granted,
same-sex marriage debated
Austria (in
2010)
Australia
France
Hungary
Iceland
New Zealand
Portugal
Sweden
Switzerland
United Kingdom
United States (CA, DC, HI, ME, MD, NH, NJ, OR, VT, WA, NV)
Countries that
currently allow (and preform) same-sex marriage:
* The Netherlands, 2001
* Belgium, 2003
* Canada, 2005
* Spain, 2005
* South Africa, 2006
* Norway, 2009
* Sweden, 2009
* Nepal (currently waiting on legislation due to a court
requirement)
* Portugal, 2010
* Argentina, 2010
* Mexico (in Mexico City and recognized in the entire
Country)
Recognize but do not
perform:
* Israel
* Netherlands Antilles (Dutch only)
* Aruba
* France (2008)
* Mexico (2010) Marriages in Mexico City are recognized in
the entire Country.
* All European Union
Countries have
significant 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 Pennsylvania does not recognize same-sex
relationships, 5 municipal governments have taken the
legislative steps to grant domestic partner benefits to the
same-sex partners of municipal employees.
These PA Municipalities are:
Philadelphia
Pittsburgh
Harrisburg
Allentown (passed in 2011) -- (note that Pennsylvania
Diversity Network worked with Allentown City Council to
pass this law.)
Easton (passed in 2011) -- (note that Pennsylvania
Diversity Network worked with Easton City Council to pass
this law.)
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 50
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.
A straight atheist who is a convicted felon and a child
molester and who has been married and divorced 5 times and
who is actually in prison for life, can get legally married
again in PA.
But a law-abiding, gay Christian who has been in a 20 year
monogamous relationship with their partner, cannot.
No law can compel a religious denomination to marry a
couple.
Many churches refuse to marry divorced people, or people of
other faiths. The US Constitution guarantees their right to
do so.
Even if a company gives domestic partner health benefits,
the partner employee
must pay federal 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. There are 1138
Federal Marriage Rights.
Civil Unions are not recognized in PA.
Civil unions are only recognized in the state they are
issued. (New Jersey, Illinois, Hawaii, Delaware.)
The consideration of Civil Union is over because many of
the couples in this very project were legally married in
other states -- they are already married. The civil rights
issue is that these marriages must be legally recognized by
PA and the Federal Government.
Massachusetts, Connecticut, Iowa, New Hampshire, Vermont,
New York, and Washington DC offer legal marriage to
same-sex couples. 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 1138
other Federal rights.
Several couples in this project have civil unions or civil
marriages - for which they get no rights in PA.
A Constitutional Amendment does not protect anyone's
marriage.
A Constitutional Amendment will forever deny the children
of same-sex couples legally married parents.
More than 60% of adoption agencies in Pennsylvania allow
Gay and Lesbian couples to adopt children. The State allows
Gay and Lesbian Couples and GAy and Lesbian single people
to adopt children.
Educated young people move out of the state of PA at a high
rate, making PA the second oldest state in the US. Many
young people cite the lack of progressive laws and policies
in PA compared with other states in this region, as their
reason for migration to more GLBT - friendly states..
"Brain Drain" causes a huge tax burden on older residents
who remain in the state while young educated move away to
more progressive states.
Religious freedom means that your religion should be
allowed to legally marry same-sex if the religion chooses
to do so.
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
outside the faith or those who are divorced - and they
cannot be compelled to marry couple.
It is simply not true that legal recognition of same-sex
marriage could in any way legally compel a Church to marry
any couple.
Pope Benedict
xvI 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 was
worried about their civil unioned same-sex partner or their
same-sex married spouse 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 did not move immediately to have the
soldier discharged. In fact, if a gay or lesbian soldier
gets married or gets a civil union with a same-sex partner,
they were disobeying Don't Ask Don't Tell and will receive
a dishonorable discharge.
Don’t Ask Don’t Tell is now over but the legal
spouses of Gay and Lesbian soldiers receive no military
benefits, housing, support, or pension if their spouse
dies.
"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.
In every state that has had civil unions - many cases have
proved that civil unions do not equal legal marriage.
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 718 couples in this project over 200 are health
care workers including:
17 -
Certified Nurse Assistants / Aides
1 - Psychiatric Aide
16 - Social Workers
3 - Nursing Administrators
38 - Registered Nurses
3 - Licensed Practical Nurse
1 - Dialysis Technician
1 - MRI Technician
2 - Phlebotomist
1 - Laboratory Associate
1 - Laboratory Clerk
3 - 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 - Hospice Nurse
1 - Hospital Manager
1 - Hospice Volunteer Coordinator
5 - Home Health Aides
2 - Physical Therapists
3 - Physical Therapist Assistant
2 - Pharmacists
4 - Physicians
1 - Chiropractor
1 - Hospital Director (retired)
1 - Hospital Administrator (retired)
2 - College Students in Health Care
4 - Drug & Alcohol Counselor
3 - Dietary Aides
2 - Pharmacy Technician
1 - Radiographer
1 - Radiology Administrator
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
2 - Polysomnographers
1 - Paramedic
5 - Massage Therapists
1 - Occupational Therapist
1 - Health Coordinator
1 - Speech Pathologist
2 - Podiatrist
1 - Retired Registered Medical Assistant
1 - Behavioral Health Manager
1 - Biomedical Equipment manger
1 - Dental Assistant
1 - Pharmacy Supervisor
1 - Physician’s Assistant
1 - Medical Records Clerk
1 - Medical Records Coordinator
2 - Medical Assistant
1 - Medical Billing Specialist
1 - Senior Care Worker
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:
(including
Allentown, New Hope, Scranton, Easton, Reading)
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
Click
here to see the list of PA Municipalities that have
fully inclusive non-discrimination
laws...
There is no PA State or US 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.