Freedom to Marry Day
STATEMENT FROM SCGLPM
12 February 2004
Committed, long-term couples walked into the Richland County Courthouse today with one desire: they wanted to be married. All are South Carolina citizens—tax-payers, working people, people who contribute to their communities. All of them believe in the promise of the American dream, the promise of justice and fair treatment for all people. We walk in, supported by our families, our friends, and our ministers.
Across the nation today, February 12 is designated Freedom to Marry Day. The purpose of events planned for this day is to draw attention to the need for marriage equality.
Under South Carolina law, a teenager could have walked in today and obtained a marriage license, without a parent or guardian. Under South Carolina law, two first cousins could have walked in and obtained a marriage license. A convicted criminal can obtain a marriage license. In fact, a gay man and a lesbian could walk into that courthouse together and obtain a marriage license. But because these couples are same-sex couples, they were denied marriage licenses.
According to the 2000 census, there are almost 8000 same-sex couples living together as families in this state. In South Carolina, 27.2 percent of gay male couples are raising children at home. And 38.8 percent of lesbian couples are raising children at home. (Only 42.6 percent of married opposite-sex couples are raising children). Treating these couples and families differently is a form of discrimination. It is a form of discrimination that can be traced back to what these couples did today. They wanted to be married, to protect their relationships and families, and the State of South Carolina told them: "You and your families do not deserve to be treated equally."
There are two bills (H4657 and H4674) currently pending in the South Carolina House. Both would not only prohibit recognition of same-sex marriages or unions made in other states, but also prohibit partner benefits. These bills are not only anti-gay, they are anti-family and anti-children.
Rep. Marty Coates, who proposed one of the bills, said at a press conference on Tuesday, "This is a legal issue." We agree. Civil marriage is a legal contract. If same-sex couples and their families were treated equally under the law, no church would ever have to perform a ceremony. (Many churches already do perform same-sex ceremonies.) This is simply an issue of equal treatment under the law.
At present, in 48 states in this nation, same-sex couples are denied any of the protections, benefits, and responsibilities tied to marriage—even though they may have children, even though they may share property, even though they may have committed themselves to one another to form a couple and a family.
Under South Carolina law, these committed couples are considered strangers to one another. They may obtain or apply for any number of pieces of paper—wills, a medical power of attorney. No matter how many pieces of paper they get, none of them will carry the weight of that fundamental document, the marriage license.
Marriage is a civil contract that recognizes and protects the long-term loving commitment of two people to one another. With that contract comes a comprehensive package of economic and social protections for couples and their children. In 1996, the General Accounting Office compiled a list of 1,049 federal rights and benefits related to civil marriage, including special treatment related to social security benefits, housing, inheritance, taxation, employment benefits, immigration, and property.
Like opposite-sex couples, same-sex couples are often emotionally and economically interdependent. Like opposite-sex couples, same-sex couples may commit themselves to each other in public or private ceremonies or religious services that affirm their commitment within the broader community.
Unlike opposite-sex couples, however, their commitments and their families are not recognized by state or federal government, and they are denied access to basic protections and benefits, such as: