Civil union bill is a sign of progress for gay rights in Delaware USA

 

A recent poll shows that Delawareans are in favour of civil unions for same-sex couples by a margin of two to one. These numbers are no surprise.

Today, almost everyone knows and cares about a committed same-sex couple whose relationship is not protected by law.

For many years, gay and lesbian Americans have truly had to live on love alone. Imagine finding the person who completes your soul to such a degree that you are willing to live a life with few legal protections, where discrimination is permitted, and where your relationship is not recognized in the most basic and fundamental ways.

With the filing of a civil union bill, the process of change began in Delaware. Senate Bill 30 creates a relationship that is parallel, but not equal, to marriage. Parties to a civil union will bear the same responsibilities and enjoy the same rights and protections as married couples under Delaware law. However, marriage will remain limited by Delaware law to only opposite-sex couples.

By providing the protections available under Delaware law, SB 30 will make it possible for same-sex couples to protect and provide for each other -- just as every family wants to do. Parties to a civil union -- like married couples -- will be able to make medical decisions, take family leave, inherit property, jointly adopt children, live together in nursing homes and have access to Family Court.

Religious freedom is clearly preserved. SB 30 explicitly extends First Amendment protections to clergy with respect to civil unions. No clergy member will be obligated to perform a civil union ceremony, just as no clergy member is ever required to marry anyone who does not meet that clergy member's approval.

Civil unions will be performed and dissolved in the same manner as marriages, although no one under 18 will be able to enter into a civil union. SB 30 will not become effective until Jan. 1, 2012, to allow time for the state to prepare for implementation. Unlike marriages, civil unions are not recognized under federal law, and thus federal benefits and protections associated with marriage will not be available to parties to a Delaware civil union. Those who have entered into a civil union in another state, or parties to a same-sex marriage from a state where such marriages are recognized, will be treated as having a Delaware civil union, not a marriage.

 

To be sure, civil unions are not marriage. There are some who will criticize S.B. 30 for not proposing marriage. Indeed, just last week, a Washington Post/ABC News poll indicated that a majority of Americans believe that same-sex couples should be allowed to marry.

There are others who believe that creating civil unions for same-sex couples is wrong. They cite religious and moral objections, and claim that any legal protections for gay and lesbian Americans will destroy the fiber of our nation and the institution of marriage. But they are in the minority. And their objections are not really about recognizing our relationships. They object to our very existence.

Most Delawareans, however, believe in the basic American values of civility, fairness and equality. They also believe that gay and lesbian couples deserve the protections of the law, including legal recognition of our relationships through civil unions. SB 30 will provide same-sex couples with the protections available under Delaware law.

We urge Delawareans to let the members of the Delaware General Assembly know that they support this important legislation.

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