U.S. Takes Swiss-cheese Approach to LGBT Rights

A recent poll shows that 59 percent of people nationally support marriage equality, and 50 percent of them think that the U.S. Constitution guarantees the right of same-sex couples to marry. The 33 states that lack marriage equality still have a majority support of 53 percent. An overwhelmingly 81 percent reject permitting businesses to discriminate against or refuse services to LGBT people.

Yet throughout the United States, LGBT rights continue to be usually state-by-state but sometimes county-by-county and even couple-by-couple.

  • Tennessee: only three same-sex couples can be considered married.
  • Illinois only two counties—Champaign and Cook—are permitting same-sex marriage before it is legal throughout the state starting June 1.
  • Wisconsin: a federal judge ruled that a case about the constitutionality of the state’s same-sex marriage ban won’t be delayed, as state lawyers had requested.
  • Michigan: the governor stated that the 300 marriages before the ruling in favor of marriage equality was put on hold are legal but none of the 1,000+ Michigan laws affecting marriage will apply to these couples. The federal government, however, will recognize these Michigan marriages.

Within at least six of the 33 states that refuse to recognize marriage equality, district court decisions permitting same-sex marriage are on hold. In other states, governors and attorneys general have declared that they won’t defend the bans against marriage equality, while others will. Here’s a great overview about marriage equality across the United States as of March 27.

As for other rights such as employment and lodging, the patchwork of different laws haven’t changed.  Insurance is available for same-sex couples and families in Iowa because marriage equality is legal, but Tennessee’s marketplace refuses to offer coverage to same-sex couples married in other states. Florida’s insurance coverage varies by insurer, and an Ohio couple, together for 28 years, is suing for access to family insurance plans. The federal government mandate that spousal coverage must be the same for all legally marriage couples, whether opposite- or same-sex, doesn’t go into effect until next year and doesn’t address civil unions and domestic partnerships. Blue Cross and Blue Shield first refused plans for same-sex couples because the contract defined “spouse” as “opposite sex” but reversed its position in January.

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