George Orwell once said, “We have to sink to a depth at which restatement of the obvious is the first duty of intelligent men.” This quote can be applied to the current debate over the definition of marriage. On one side are those that seek to redefine marriage, those in favor of same-sex marriage, and those that believe in traditional marriage, one man and one woman. For those that seek same-sex marriage, it is any group of people who love each other. Proponents argue that legal marriage between gay partners would legitimize homosexuality as a socially acceptable lifestyle and grant partners legal advantages given to heterosexual spouses (Gray and Hanson 402). “Opponents maintain that legalizing gay marriages would only strengthen the gay civil rights agenda, which is immoral and dangerous” (Lewis and Edelson 2000, 200). Furthermore, opponents of same-sex marriage state that legalizing gay marriages is an insult to the sanctity of traditional marriage.
In a policy such as same-sex marriage, which is driven by salience and a lack of complexity, the public has a strong influence over governmental decisions. When the public does not support gay marriage, the politicians of those states follow suit. The impact of public support on same-sex marriage reaches the federal level as well, with the introduction of the Defense of Marriage Act, 1996. This bars federal recognition of same-sex marriages and allows states to do the same. Since 1996, many states have enacted legislation prohibiting same-sex marriages and or the recognition of same-sex marriages formed in other states. Traditionally, states have recognized marriages observed in other states, even those that go against the marriage laws of that particular state. “Thirty seven stat...
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...ns In Iowa After Varnum V. Brien: Why The State Of Iowa Should Recognize Civil Unions As Marriages."Iowa Law Review 96.1 (2010): 297-329. Academic Search Complete. Web. 14 Nov. 2011.
"Gay Marriage Laws in MS." Web. 5 Nov. 2011.
Gray, Virginia, and Russell L. Hanson. Politics in the American States: a Comparative Analysis. Washington, D.C.: CQ, 2008. Print.
Hilbig, Todd C. "Will New York Recognize Same-Sex Marriage?: An Analysis Of The Conflict-Of-Laws' Public Policy.." BYU Journal Of Public Law 12.2 (1998): 333. Academic Search Complete. Web. 14 Nov. 2011.
Sulany, Susan. "Black and White and Married in the Deep South: Shifting Image." New York Times. Web. 5 Nov. 2011.
United States. National Conference of State Legislators. Same-Sex Marriage, Civil Unions and Domestic Partnerships. NCSL, 14 July 2011. Web. 6 Nov. 2011. .
Abstract On June 26, 2015 a divided Supreme Court ruled in the landmark case Obergefell v. Hodges that same-sex couples could now marry nationwide. At the time of the split ruling there were 9 supreme court justices, 5 of the justices were Republicans, and the remaining 4 were Democrats. In high profile cases it is except that the justices will vote along party lines. When the 5-4 ruling was reveled by the following statement. “It would misunderstand these men and women to say they disrespect the idea of marriage. Their plea is that they do respect it, respect it so deeply that they seek to find its fulfillment for themselves. Their hope is not to be condemned to live in loneliness, excluded from one of civilization’s oldest institutions. They ask for equal dignity in the eyes of the law. The Constitution grants them that right (Corn,2015).” written by
Soule, S. A. (2004). Going to the Chapel? Same Sex Marriage Bans in the United States. Social Problems, 453-477.
The legislatures of states are deeply involved in the public debate on how to define marriage, and argue whether marriage’s legal definition should be extended to same-gender couples. Currently, seventeen states and the District of Columbia have laws allowing same-sex marriage. Same-sex marriage is prohibited in thirty-three states, and twenty-nine states outlaw same-gender unions in their state constitutions. The effects of special interest group lobbying for and against same-sex marriage legalization impact local and state governments, as well as states’ constitutions.
A debate is raging in America about who people have a right to marry. In response to lesbians and gays asking for the right to marry, many legislators are writing laws to ban same-sex marriage in their respective states. Even President Bush supports a Constitutional amendment that would ban same-sex marriage (prez.bush.marriage/). Opponents of such legislation do not want discrimination passed into law and are protesting at every opportunity. One must understand the reasons that people want to ban same-sex marriage before he or she can effectively argue about the subject. Many advocates of same-sex marriage bans say that allowing gays and lesbians to marry would degrade the institution of marriage because marriage is only supposed to exist between a man and woman. In addition, allowing same-sex marriage would cause problems for society (Issues and Controversies on File). One theory why opponents may fight against same-sex marriages is that heterosexual marriages have long reinforced traditional gender roles within marriage and that allowing same-sex marriages would cause males to lose their authority to subordinate females as heterosexual couples begin to model same-sex marriage gender equality (Calhoun 157).
An Overview of Federal Rights and Protections Granted to Married Couples. (n.d.). Retrieved March 27, 2014, from Human Rights Campaign website: https://www.hrc.org/resources/entry/an-overview-of-federal-rights-and-protections-granted-to-married-couples
Barclay, Scott and Shauna Fisher. "The States and the Differing Impetus for Diverging Paths on Same-Sex Marriage." Policy Studies Journal (2003): 3. eLibrary. Web. 27 Sept. 2013.
As granted by the United States Constitution, everyone is entitled to equal rights. The Supreme Court of the United States recently ruled that the Constitution guarantees a right to same-sex marriage. Gay rights are forgotten many times and equal rights for same-sex marriage are often ignored. For this reason, federal authorities have left policymaking regarding this topic up to individual state governments. Many people throughout the United States, and across the world, have extremely different views on the subject; some because of religious reasons, others because of family, others because of how they were raised. The policy of gay marriage and equal rights is an extremely touchy subject, and is much deeper than what it may seem.
However, despite the growing arguments they are all nothing new to the states. in fact, the first noted case on same sex marriage was brought to the supreme court in 1972. The dream for everyone’s equality, including same sex couples, has been an issue within America for many years. Unfortunately, matters like this aren’t restricted by a time frame. In the year of 2013 the Department of Defense began allowing same-sex couples to apply for marriage identification cards. As each state began giving the O.K for these couples, we were also taking steps that were bringing us closer to achieving our dream. Unfortunately not all states feel the same. It was during this time that Texas, Mississippi, and Louisiana refused to process applications. As the arguments continue to drag on The American Dream is becoming harder and harder to achieve. Meanwhile, In Iowa the legalization of same sex marriage was passed and couples rushed to fill out their applications. Unfortunately, like all good things this didn’t last long. “The chance was fleeting. After four hours, Robert B. Hanson, the same county judge who had deemed the ban on same-sex marriages unconstitutional, delayed further granting of licenses until the Iowa Supreme Court decided whether to consider an appeal. [...] Here, the brief flurry of applications for marriage licenses was low key. About 20 couples applied before a
Throughout the recent history of America, gay marriage has always been an issue. With the different views and morals everyone has on the subject, it makes it hard for individual states to determine what side they should be on. In 1983 a Harvard Law School student, Evan Wolfson, wrote a thesis stating the rule of marriage equality. Justices concluded that gay couples were entitled to the legal benefits of civil marriage; and most crucially in the Supreme Judicial Court in Massachusetts, whose favorable ruling, in a suit by lawyer Mary Bonauto and the Boston-based Gay and Lesbian Advocated and Defenders, led to the nation’s first bona fide same-sex marriages…” (“Gay Marriage turns 10 and Credit Should Be Spread around- The Boston Globe). On May 17, 2004 Massachusetts became the first state to legalize gay marriages. In June of 2013, California legalized gay marriages, which helped their large LGBT (Lesbian, gay, bisexual, and transgendered) community. (“History and Timeline of the Freedom…”). When this finally happened, it was seen as a great achievement by Karmala Harris, a California Attorney. “This is a profound day in our country, and its just the right thing: ‘Justice is finally being served’” (“Court Gives OK for California Gay Marriages”).
A large majority of people in the United States will say that they are in favor of equal rights for homosexuals. They will all agree that homosexuals should have the same rights in housing, jobs, public accommodations, and should have equal access to government benefits, equal protection of the law, and other rights granted to US citizens. However, when the topic of marriage arises, all the talk of equality ceases. Over fifty percent of all people in the United States oppose homosexual marriage, despite the fact that most are otherwise supportive of homosexual rights. This means that many of the same people who are even passionately in favor of homosexual rights oppose homosexuals on this one issue. This is because there is a lot of misunderstanding about what homosexuality really is, as well as the erroneous assumption that homosexual people enjoy the same civil rights protections as everyone else. For the reasons of ending social injustice, the economic and social benefits of allowing homosexuals to marry, and the constitution, homosexual marriages should be a legalized institution.
Johnson, Ramon. "Same-Sex Marriage In New York: A Summary of Gay Marriage in New York." About.com. The New York Times Company, 04 Nov 2009. Web. 18 Jul 2010. .
Same-sex couples in many states are still fighting everyday to just simply get married. Thirty-five states have made same-sex marriage legal, but there are still fifteen states that have a ban on same-sex marriage and those fifteen will not recognize the union (“Same-Sex Marriage Fast Facts”). Those fifteen states now have an easier time now to keep the
As of 2015, the lesbian, gay, bisexual and transgender (LGBT) community continues to struggle for equal rights held by their straight counterparts. Socially, LGBT persons are subject to discrimination, hate crimes, and stigma, while legally, LGBT persons encounter obstacles that preclude them from basic rights afforded to every other subculture in America. One of the most divisive issues related to LGBT rights has been same-sex marriage, which has been creating conflict both politically and socially dating back to the 1970’s (Finnis, 1997). Those in favor of same-sex marriage argue that regardless of gender or sexual preference, marriage is a basic right that the government has no legitimate interest in blocking. Opponents argue that same-sex marriage is ethically and morally wrong, and they cite reasons spanning from religious beliefs to the creation of a slippery slope that would lead to the demise of the institution of marriage (Volokh, n.d.). Faced with the difficult task of balancing both sides of the equation, President Bill Clinton signed into law the Defense of Marriage Act (DOMA), the policy that will be analyzed in this paper.
Stoddard, T, Fein, B, (Jan. 1990) Gay Marriage, Personal relationships, Marriage, Legislation, Homosexuality, American Bar Association, (Pages 42, 42)
The Defence of Marriage Act of 1996 forbids federal governments from recognizing same-sex marriage which means only state governments can decide if they want to legalize or not legalize gay marriages in that state. There are many benefits that straight married couples receive that gay married couples do not receive. The fed...