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Mubarak Dahir reveals that in Nebraska, voters approved by seventy percent an initiative to amend the state s constitution so that it bars marriage between gays and lesbians, leaving no doubt where the good citizens of Nebraska stand on equal rights for

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homosexuals. Dahir explains that as well as reserving the institution of marriage for one man and one woman which is what most of the anti-gay marriage laws do the Nebraska amendment goes further. Dahir reports it continues by saying that the uniting

of two persons of the same sex in a domestic partnership, civil union or any kind of relationship in null and void in Nebraska (17).

The Defense of Marriage Act specifies that no state need recognize a same-sex marriage legally conducted in another state (Idelson 1393). It would also prohibit the federal government from giving legal standing to gay unions for any aspect of federal law

such as spousal benefits under federal aid programs or the federal tax code (Idelson 1393). This bill was passed by the U.S. Congress and signed by President Clinton (Dahir 17). James Wilson uncovers a Colorado statue that would prohibit giving to homosexuals any claim of minority status, quota preferences, protected status, or claim of discrimination (34). And the majority of states do not bar antigay discrimination, and federal law does not ban employers from firing workers or landlords from refusing to rent to people because they are gay ( Gay 201). Mubarak Dahir reports that as of December of 2000 at least thirty-three states have some form of prohibition on gays and lesbians getting married (17).

Schuster Eli states that Reverend Brent Hawks believes he has found a loophole in the Ontario, Canada Marriage Act. Eli reports that, according to the pastor, there are

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two ways of obtaining a marriage license in Ontario (58). The first is for the couple to pick up a marriage license at City Hall; but this doesn t work for gays and lesbians because the province does not recognize same-sex marriages, so city employees will not issue the licenses (Eli 58). The second rout involves the ancient practice of reading the banns of marriage in church for three Sundays before the wedding (Eli 58). Eli

explains that the pastor announces the impending marriage to his congregation; if anyone can offer just cause or impediment why the couple may not marry, let him speak now or forever hold his peace. Eli writes that once the wedding ceremony is performed, the pastor notifies the office of Ontario s registration and requests a marriage license for the couple (58). These are two ways that a gay or lesbian couple can actually be married and are seen married in the eyes of the church also.

A number of states are jumping on the bandwagon to ban gays and lesbians from getting married but along with all of the negative feedback that gays get from society there are a few laws protecting their rights to enjoy the sanctity of marriage. Stuart Taylor, activist for gay rights, states that marriage is the professed commitment of two individuals to a lasting relationship of mutual affection, which provides stability for the individuals, their family, and the broader community (522). And if marriage is to fulfill its aspirations it must be defined by the commitment of one to another for richer for poorer, in sickness and in health ( Let ). The equal inclusion of homosexuals in

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marriage will strengthen family life as it folds gay family members into the social path of their parents and siblings ( Separate ).

The point of modern marriage is to provide a secure acknowledged institution in which the love of one person for another can find expression and support ( Separate ). Homosexuals can find this comfort in a few different laws that were designed to help protect some of their rights. Domestic-partnership allows same-sex couples to enjoy the same hospital visitation, medical decision-making, insurance access, inheritance, and

homestead-protection privileges afforded to legal married couples (Flynn 22). To be eligible for civil unions gay couples would have to obtain a license from the town clerk and have their union certified by a justice of the peace, judge or clergy member ( Win ). Although the state sanctioned marriage is the only one that binds gay and lesbian couples together in the eyes of the law ( Let ). By doing so it confers upon partner s unique rights to make life-or-death medical decisions, rights to inheritance, rights to share pensions and medical benefits. It also confers upon each the legal responsibilities of guardianship and care of the other ( Let ). And in Holland by a 109-33 vote, Parliament s lower house became the first legislative unit in the world to pass a bill providing gay men and lesbians full family right marriage, adoption, and divorce ( Dutch 13). Under the bill, gay couples can trade their registered same-sex partnerships for marriage certificates, complete with guidelines for divorce and wider adoption right ( Dutch 13).

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Beyond the U.S. borders, Mubarak Dahir states, marriage rights for same-sex couples saw a boost in several countries where gay couples receive the same legal rights as common law couples (60). Greg Johnson, an assistant professor at Vermont Law School who has counseled same-sex partnership cases, points to positive moves on legal recognition of lesbian and gay relationships in France, Germany, Norway, Finland, Sweden, Iceland, Hungary, and Israel as evidence that in a world view, it s undeniably

the way Western countries are moving (Dahir 60).

Democratic Governor Gary Davis signed into law three significant pieces of gay civil rights legislation (Colbert 19). One law makes public schools safer for gay students, another establishes a statewide domestic partnership

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