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Joint and family-related rights: Joint filing of bankruptcy permitted; Joint parenting rights, such as access to children's school records; Family visitation rights for the spouse and non-biological children, such as to visit a spouse in a hospital or prison; Next-of-kin status for emergency medical decisions or filing wrongful death claims
The question of to whom civil and political rights apply is a subject of controversy. Although in many countries citizens are considered to have greater protections against infringement of rights than non-citizens, civil and political rights are generally considered to be universal rights that apply to all persons.
When a marriage is performed and carried out by a government institution in accordance with the marriage laws of the jurisdiction, without religious content, it is a civil marriage. Civil marriage recognizes and creates the rights and obligations intrinsic to matrimony in the eyes of the state.
In contrast, a civil rights view holds that the institution can be validly created through the ruling of an impartial judiciary carefully examining the questioning and finding that the right to marry regardless of the gender of the participants is guaranteed under the civil rights laws of the jurisdiction. [16]
The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty that commits nations to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom of assembly, electoral rights and rights to due process and a fair trial. [3]
The 5–4 ruling requires all 50 states, the District of Columbia, and the Insular Areas to perform and recognize the marriages of same-sex couples on the same terms and conditions as the marriages of opposite-sex couples, with equal rights and responsibilities.
Nearly 500 couples obtained marriage licenses before the ruling was stayed on May 16 by the Arkansas Supreme Court. On May 14, the U.S. District Court for the District of Idaho struck down the state's same-sex marriage ban and ordered the state to start recognizing same-sex marriages performed in other jurisdictions as well as license them.
The Federal Marriage Amendment (FMA), also referred to by proponents as the Marriage Protection Amendment, was a proposed amendment to the United States Constitution that would legally define marriage as a union of one man and one woman. The FMA would also prevent judicial extension of marriage rights to same-sex couples.