ABSTRACT

The federal government’s refusal to recognize civil unions or domestic partnerships for federal purposes might be viewed in a somewhat different light that all of the states must recognize same-sex marriage. Various commentators argue that same-sex marriage somehow threatens the institution of marriage, some of whom believe that recognizing civil unions or domestic partnerships would also somehow threaten marriage. A few issues should be clarified when discussing how religious institutions are impacted by the recognition of same-sex unions. Some jurisdictions, such as Canada and South Africa, have instituted same-sex marriage as a result of judicial interpretation of equality provisions in constitutional instruments. Various religious institutions have offered their own views regarding whether same-sex unions should be recognized. Jurisdictions vary with respect to their treatment of gay and lesbian parenting. Historically, an individual might lose custody or visitation privileges because of his or her relationship with someone of the same sex.