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[[Image:Samesexmarriage.jpg|thumb|thumb|250px|right|Same-sex marriage ceremony]] |
[[Image:Samesexmarriage.jpg|thumb|thumb|250px|right|Same-sex marriage ceremony]] |
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'''Same-sex marriage''', also referred to as '''gay marriage''', is [[marriage]] between two persons of the same sex. The [[federal government of the United States]] does not recognize the [[marriage]]s of same-sex couples and is prohibited from doing so by the [[Defense of Marriage Act]]. Nationwide, same-sex marriage is legal in three states as a result of a court ruling and in two others plus a district through a vote in their respective legislatures. |
'''Same-sex marriage''', also referred to as '''gay marriage''', is [[marriage]] between two persons of the same sex. The [[federal government of the United States]] does not recognize the [[marriage]]s of same-sex couples and is prohibited from doing so by the [[Defense of Marriage Act]]. Nationwide, same-sex marriage is legal in three states as a result of a court ruling and in two others plus a district through a vote in their respective legislatures. Most Americans don't approve of gay marriage, as it is a repulsive sin. |
||
Same-sex marriages are currently granted by five of the 50 [[U.S. states|states]], the [[federal district]], and one [[Indian tribe]]: |
Same-sex marriages are currently granted by five of the 50 [[U.S. states|states]], the [[federal district]], and one [[Indian tribe]]: |
Same-sex marriage, also referred to as gay marriage, is marriage between two persons of the same sex. The federal government of the United States does not recognize the marriages of same-sex couples and is prohibited from doing so by the Defense of Marriage Act. Nationwide, same-sex marriage is legal in three states as a result of a court ruling and in two others plus a district through a vote in their respective legislatures. Most Americans don't approve of gay marriage, as it is a repulsive sin.
Same-sex marriages are currently granted by five of the 50 states, the federal district, and one Indian tribe:
State which previously granted same-sex marriage licenses:
States which recognize same-sex marriage but have not granted same-sex marriage licenses:
The movement to obtain marriage rights and benefits for same-sex couples in the United States began in the early 1970s. The issue became even more prominent in U.S. politics in the mid-1990s with a public backlash toward the idea evidenced by Congress' passage of the 1996 Defense of Marriage Act. However, in the opening decade of the 21st century, public support for its legalization has grown considerably. [11] A poll taken between August 6–10, 2010 found support for allowing same-sex marriage in the United States over 50% for the first time. 52% of respondents answered the federal government should give legal recognition to marriages between couples of the same sex (46% in 2009), 46% were against (53% in 2009). [12] [13] New England has since became the center of an organized push to legalize same-sex marriage in the U.S., with four of the six states comprising that region granting same-sex couples the legal right to marry. The issue remains politically divisive in the United States.
Part of the LGBT rights series |
LGBT portal |
The legal issues surrounding same-sex marriage in the United States are complicated by the nation's federal system of government. Traditionally, the federal government did not attempt to establish its own definition of marriage; any marriage recognized by a state was recognized by the federal government, even if that marriage was not recognized by one or more other states (as was the case with interracial marriage before 1967 due to anti-miscegenation laws). With the passage of the Defense of Marriage Act ("DOMA") in 1996, however, a marriage was explicitly defined as a union of one man and one woman for the purposes of federal law. (See 1 U.S.C. § 7.)
DOMA has been under challenge in the federal courts, and on July 8, 2010, Judge Joseph Tauro of the District Court of Massachusetts held that the denial of federal rights and benefits to lawfully married Massachusetts same-sex couples under the DOMA is unconstitutional, under the Tenth Amendment to the US Constitution. [14] [15] This ruling is currently under a stay, but would affect residents residing within the federal district that covers Massachusetts if the stay is lifted. If this decision is appealed and affirmed, the ruling could apply elsewhere in the U.S. For now, no act or agency of the federal government—except within the state of Massachusetts if the stay is lifted—may recognize same-sex marriage.
According to the federal government's Government Accountability Office (GAO), more than 1,138 rights and protections are conferred to U.S. citizens upon marriage by the federal government; areas affected include Social Security benefits, veterans' benefits, health insurance, Medicaid, hospital visitation, estate taxes, retirement savings, pensions, family leave, and immigration law.
However, many aspects of marriage law affecting the day to day lives of inhabitants of the United States are determined by the states, not the federal government, and the Defense of Marriage Act does not prevent individual states from defining marriage as they see fit.
The United States Supreme Court in 1972 dismissed Baker v. Nelson, a case originating in Minnesota, "for want of a substantial federal question". The Defense of Marriage Act, as well as marriage laws in 45 states, could be affected by the outcome of Perry v. Schwarzenegger, a case challenging the validity of California's Proposition 8 under the United States Constitution. [16]
Same-sex marriage is recognized only at the state level, as the federal Defense of Marriage Act explicitly bars federal recognition of such marriages.
Five state governments offer same-sex marriage: Massachusetts, Connecticut, Iowa, Vermont, and New Hampshire. [17] In all five states, same-sex marriage has been legalized through legislation and/or via court ruling. [17] As of November 2009, when legislation legalizing same-sex marriage in Maine was defeated by referendum, same-sex marriage had been defeated in all 31 states in which it had been directly put to a popular vote. [17] As of January 2011, 29 states had amended their state constitutions to prohibit same-sex marriage, [18] while 13 others had prohibited same-sex marriage by statute. [19]
Same-sex marriage has been legal in Massachusetts since November 18, 2003; in Connecticut since October 10, 2008 (with Connecticut having previously legalized civil unions in October 2005); [20] in Iowa since April 27, 2009; [21] [22] in Vermont since September 1, 2009; and in New Hampshire since January 1, 2010.
Opponents of same-sex marriage have worked to prevent individual states from recognizing same-sex unions by attempting to amend the United States Constitution to define marriage as a union between one man and one woman. In 2006, the Federal Marriage Amendment, which would prohibit states from recognizing same-sex marriages, was approved by the Senate Judiciary Committee on a party-line vote and was debated by the full United States Senate, but was ultimately defeated in both houses of Congress. [23]
The right to marry was first extended to same-sex couples by a United States jurisdiction on November 18, 2003 by a state Supreme Judicial Court ruling in Massachusetts. [24]
On May 15, 2008, the Supreme Court of California issued a decision in which it effectively legalized same-sex marriage in California, holding that California's existing opposite-sex definition of marriage violated the constitutional rights of same-sex couples. [25] [26] Same-sex marriage opponents in California placed a state constitutional amendment known as Proposition 8 on the November 2008 ballot for the purpose of restoring an opposite-sex definition of marriage. [27] Proposition 8 was passed on Election Day 2008, as were proposed marriage-limiting amendments in Florida and Arizona. [28] The California amendment was challenged in a court proceeding, but was upheld by the state supreme court in a 6–1 vote on May 26, 2009. The court ruled, however, that the approximately 18,000 same-sex marriages that took place in 2008 would remain valid. On October 12, 2009, Governor Schwarzenegger signed SB 54, which allowed all out-of-state same-sex marriages to be given the benefits of marriage under California law, although only those performed before November 5, 2008 will be granted the designation "marriage." On August 4, 2010, a decision by the US District Court in Perry v. Schwarzenegger ruled Proposition 8 unconstitutional. [29] This ruling is expected to affect all same-sex marriage bans in the United States. An appeal to the United States Court of Appeals for the Ninth Circuit was scheduled to be heard the week of December 6, 2010 [30] with the case anticipated to be ultimately decided by the US Supreme Court. [31]
On October 10, 2008, the Connecticut Supreme Court overturned the state's civil-unions statute (2005), as unconstitutionally discriminating against same-sex couples, and required the state to recognize same-sex marriages.
Same-sex marriage was legalized in Iowa following the unanimous ruling of the Iowa Supreme Court in Varnum v. Brien on April 3, 2009. [32] This decision was initially scheduled to take effect on April 24, but the date was changed to April 27 for administrative reasons. [22]
On April 7, 2009, Vermont legalized same-sex marriage through legislation. The Governor of Vermont had previously vetoed the measure, but the veto was overridden by the Legislature. Vermont became the first state in the United States to legalize same-sex marriage through legislative means rather than litigation.
On May 6, 2009, Maine became the fifth state to legalize same-sex marriage. [33] The legislation was overturned by referendum in November 2009. [17]
As of June 1, 2009, New Jersey has created legal unions that, while not called marriages, are explicitly defined as offering all the rights and responsibilities of marriage under state (though not federal) law to same-sex couples. California, Colorado, Hawaii, Maine, Maryland, Nevada, Oregon, Rhode Island, Wisconsin, Illinois and Washington have created legal unions for same-sex couples that offer varying subsets of the rights and responsibilities of marriage under the laws of those jurisdictions. As of 2009, New Jersey only recognized same-sex marriages for the purpose of divorce; otherwise, out-of-state same-sex marriages are treated as civil unions under New Jersey law. [34] On December 7, 2009, the New Jersey Senate Judiciary Committee narrowly approved a bill to allow same-sex marriage, on a vote of 7 to 6. [35] The full Senate rejected the bill a month later, on January 7, 2010, on a vote of 20 to 14. [36]
On June 3, 2009, New Hampshire became the sixth state to legalize same-sex marriage. [37]
A same-sex marriage bill was signed into law by the Mayor of the District of Columbia on December 18, 2009; [38] same-sex marriage licenses became available in Washington, D.C. on March 3, 2010. [39]
As of January 1, 2009, thirty states have constitutional amendments explicitly barring the recognition of same-sex marriage, defining civil marriage as a legal union between a man and a woman. [40] More than forty states explicitly restrict marriage to two persons of the opposite sex, including some of those that have created legal recognition for same-sex unions under a name other than "marriage", e.g., civil unions and domestic partnerships.[ citation needed] Nineteen states ban any legal recognition of same-sex unions that would be equivalent to civil marriage. [41]
As of August 2010, same-sex marriage was legal in Massachusetts, Connecticut, Iowa, New Hampshire, Vermont, and Washington, D.C., as well as Coquille Indian Tribe in Oregon.
Some states, including New York, Rhode Island, and Maryland, recognize same-sex marriage licenses from other jurisdictions, but do not provide such marriage licenses within their own borders. [8] [9] [10] New York courts have ruled that same-sex marriages conducted in states where they are legal must be recognized by those states, but that the state statutes do not allow the issuance of same-sex marriage licenses. [42]
Same-sex marriage conducted abroad is recognized in the U.S. States of New York, California, Rhode Island, and Maryland, and in Washington, D.C..
The nationwide legalization of same-sex marriage in Canada has raised questions about U.S. law, because of Canada's proximity to the U.S. and the fact that Canada has no citizenship or residency requirement to receive a marriage certificate (unlike Belgium and the Netherlands). Canada and the U.S. have a history of respecting marriages contracted in either country.
Immediately after the June 2003 ruling legalizing same-sex marriage in Ontario, a number of American couples went or planned to go to the province in order to get married. A coalition of American national gay rights groups issued a statement asking couples to contact them before attempting legal challenges, so that they might be coordinated as part of the same-sex marriage movement in the United States.[ citation needed]
This article may lend
undue weight to certain ideas, incidents, or controversies. (July 2010) |
President Barack Obama has stated in the past that he is both for [43]and against same-sex marriage, [44] though he has recently stated that his current position is "evolving." [45] President Obama remains sympathetic to the rights of individuals who identify as gay or lesbian. [46] In a 1996 newspaper interview, Obama stated "I favor legalizing same-sex marriages, and would fight efforts to prohibit such marriages." [47]However, during the 2008 presidential campaign, Obama stated, "I believe that marriage is the union between a man and a woman. For me as a Christian, it is a sacred union. You know, God is in the mix." [48] One report indicates that Obama may have made comments in support of same-sex marriage during his Illinois Senate race in the 1990s. [49] The president "supports full civil unions and federal rights for LGBT couples and opposes a constitutional ban on same-sex marriage," [46] but stated in December, 2010 that these civil unions from the perspective of same-sex couples are "not enough." [45] President Barack Obama opposes a federal mandate for same-sex marriage, and also opposes the Defense of Marriage Act, [50] stating that individual states should decide the issue. [51] [52] President Obama opposed Proposition 8—-California's constitutional ban on same-sex marriage-—in 2008. [53] President Obama has stated that he continues to personally wrestle with the issue of same-sex marriage. [45]
Many high-profile politicians and commentators have expressed their views on same-sex marriage. Glenn Beck and Rush Limbaugh are two of the most prominent conservative commentators based on recent listenership ratings. [54] In an “O’Reilly Factor” interview in August 2010, when Glenn Beck was asked if he “believe(s) that gay marriage is a threat to [this] country in any way,” he stated, “No I don’t…I believe that Thomas Jefferson said: "If it neither breaks my leg nor picks my pocket what difference is it to me?” [55]
During the 2008 presidential election campaign, then-Vice Presidential candidate Sarah Palin stated: "I have voted along with the vast majority of Alaskans who had the opportunity to vote to amend our Constitution defining marriage as between one man and one woman. I wish on a federal level that that's where we would go because I don't support gay marriage.” [56]
On his radio show in August 2010, Rush Limbaugh made the following comments on the recent decision by U.S. District Court Judge Vaughn Walker regarding Proposition 8 in California: “Marriage? There's a definition of it, for it. It means something. Marriage is a union of a man and woman. It's always been that. If you want to get married and you're a man, marry a woman. Nobody's stopping you. This is about tearing apart an institution.” [57] Commenting on the same court decision, former Speaker of the House Newt Gingrich issued a strong statement in opposition to same-sex marriage, which read, in part, as follows: "Judge Walker's ruling overturning Prop 8 is an outrageous disrespect for our Constitution and for the majority of people of the United States who believe marriage is the union of husband and wife... Congress now has the responsibility to act immediately to reaffirm marriage as a union of one man and one woman as our national policy.” [58] By way of contrast, then- Speaker of the House of Representatives Nancy Pelosi expressed her support for Judge Walker's decision: "I am extremely encouraged by the ruling today, which found that Proposition 8 violated both the due process and equal protection clauses of the U.S. Constitution. Proposition 8 has taken away individual rights and freedoms, and is a stain upon the California Constitution. We must continue to fight against discriminatory marriage amendments and work toward the day when all American families are treated equally." [59] In 2009 Pelosi described the difficulty in repealing the Defense of Marriage Act: "I would like to get rid of all of it. But the fact is we have to make decisions on what we can pass at a given time. It doesn’t mean the other issues are not important. It is a matter of getting the votes and the legislative floor time to do it." [60] Openly gay Congressman Barney Frank voiced his concern in September 2009 with regard to the ability to obtain sufficient votes to overturn the Defense of Marriage Act: “If we had a chance to pass that, it would be a different story, but I don't think it's a good idea to rekindle that debate when there's no chance of passage in the near term." [61]
Rachel Maddow, an openly gay commentator on MSNBC, has expressed her frustration with the Obama Administration position on same-sex marriage in August 2010. In response to Senior White House Advisor David Axelrod’s statement on President Obama’s position: “The president does oppose same-sex marriage but he supports equality for gay and lesbian couples in benefits and other issues,” Maddow said, “Got that? So the line from the administration is that Barack Obama does not want gay people to be allowed to be married, but when gay people can be married and other people are trying to take away that right like in California, he doesn’t want the right to be taken away. But, he’s not in favor of that right in the first place. You got it? The president is against gay marriage but he is also against constitutional amendments to ban gay marriage, which means that he’d apparently prefer that gay marriage be banned through flimsier tactical means? That’s the president’s position. Clear as mud. Ripe for criticism much?” [62]
Advocacy groups have entered the same-sex marriage debate in recent years, including the National Organization for Marriage (NOM) and the Family Research Council (FRC), which is a designated hate group by the Southern Poverty Law Center. [63] NOM lists a number of strategies on its website for supporters to use, including the following statement: “Strong majorities of Americans oppose gay marriage. Supporters of SSM therefore seek to change the subject to just about anything: discrimination, benefits, homosexuality, gay rights, federalism, our sacred constitution. Our goal is simple: Shift the conversation rapidly back to marriage. Don’t get sidetracked. Marriage is the issue. Marriage is what we care about. Marriage really matters. It's just common sense.” [64] According to its website, the FRC opposes "the vigorous efforts of homosexual activists to demand that homosexuality be accepted as equivalent to heterosexuality in law, in the media, and in schools. Attempts to join two men or two women in 'marriage' constitute a radical redefinition and falsification of the institution, and FRC supports state and federal constitutional amendments to prevent such redefinition by courts or legislatures." [65] The Human Rights Campaign (HRC) is one of the leading advocacy groups in support of same-sex marriage. According to the HRC's website, "Many same-sex couples want the right to legally marry because they are in love — many, in fact, have spent the last 10, 20 or 50 years with that person — and they want to honor their relationship in the greatest way our society has to offer, by making a public commitment to stand together in good times and bad, through all the joys and challenges family life brings." [66]
Same-sex marriage supporters make several arguments in support of their position. Gail Mathabane likens prohibitions on same-sex marriage to past U.S. prohibitions on interracial marriage. [67] Fernando Espuelas argues that same-sex marriage should be allowed because same-sex marriage extends a civil right to a minority group. [68] According to an American history scholar Nancy Cott "there really is no comparison, because there is nothing that is like marriage except marriage." [69] Several mainstream social science organizations in the United States take the view that the stigma created by policies that they believe constitute differential treatment of gay men and women has severe psychological and social impacts; those organizations aver that defining marriage as an opposite-sex institution invites the public to discriminate against individuals who identify as gay or lesbian and has adverse effects on children raised by same-sex partners. [70]
Opponents of same-sex marriage in the United States ground their arguments on parenting concerns, religious concerns, and concerns about a “slippery slope” leading toward other changes to the definition of marriage. The Southern Baptist Convention claims that extending marriage rights to same-sex couples would undercut the conventional purpose of marriage. [71] The Church of Jesus Christ of Latter-day Saints, the United States Conference of Catholic Bishops, the Southern Baptist Convention, and National Organization for Marriage, argue that children do best when raised by a mother and father, and that legalizing same-sex marriage is, therefore, contrary to the best interests of children. [72] [73] [74] [75] [76] Maggie Gallagher of the National Organization for Marriage has raised concerns about the impact of same-sex marriage upon religious liberty and upon faith-based charities in the United States. [77] Other arguments against same-sex marriage are based upon concerns about a "slippery slope" toward other redefinitions of the institution. Stanley Kurtz of the Weekly Standard has written that same-sex marriage would eventually lead to the legalization of polygamy in the United States. [78]
A libertarian argument for marriage privatization holds that government has no role in defining the terms whereby individuals contract to arrange their personal relationships, regardless of sexual orientation. [79] [80] [81] People holding this viewpoint argue that government should have a limited role or no role in defining marriage, only in enforcing those contracts people construct themselves and willfully enter. The rights granted to a married couple exceed those that can be mutually granted by two people to each other contractually, and also involve rights granted by government. [82] [83] [84]
Public support for same-sex marriage has grown. In 1996, 25% of Americans supported legalization. A May, 2010 Gallup Poll found opponents of legalizing same-sex marriage outnumbered supporters in the United States, by 53% to 44% (59% to 37% in 2005). Opposition to same-sex marriage was tied for the lowest level shown in a Gallup poll. [85]
A poll taken between August 6–10, 2010 found growing support for allowing same-sex marriage in the United States. 52% of respondents answered the federal government should give legal recognition to marriages between couples of the same sex (46% in 2009), 46% were against (53% in 2009). [12] [13]
Dr. M. V. Lee Badgett, an economist and associate professor at the University of Massachusetts Amherst, has studied the impact of same-sex legal marriage on same-sex couples. According to a 1997 General Accounting Office study requested by Rep. Henry Hyde (R), at least 1,049 U.S. Federal laws and regulations include reference to marital status. [86] A later 2004 study by the Congressional Budget Office finds 1,138 statutory provisions "in which marital status is a factor in determining or receiving 'benefits, rights, and privileges.'" [87] Many of these laws govern property rights, benefits, and taxation. Same-sex couples are ineligible for spousal and survivor Social Security benefits. [87] Badgett's research finds the resulting difference in Social Security income for same-sex couples compared to opposite-sex married couples is US$5,588 per year. The federal ban on same-sex marriage and benefits through the 1996 Defense of Marriage Act (DOMA) extends to federal government employee benefits. [87] According to Badgett's work, same-sex couples face other financial challenges against which legal marriage at least partially shields opposite-sex couples. [88]
While state laws grant full marriage rights ( Connecticut, Iowa, Massachusetts, New Hampshire and Vermont) or some or all of the benefits under another name ( New Jersey, Washington, California, etc.), these state laws do not extend the benefits of marriage on the Federal level, and most states do not currently recognize same-sex marriages, domestic partnerships, or civil unions from other states.
One often overlooked aspect of same-sex marriage are the potential negative effects on same-sex couples. While the legal benefits of marriage are numerous, same-sex couples would face the same financial constraints of legal marriage as opposite-sex married couples. Such potential effects include the marriage penalty in taxation. [87] Similarly, while social service providers usually do not count one partner's assets toward the income means test for welfare and disability assistance for the other partner, a legally married couple's joint assets are normally used in calculating whether a married individual qualifies for assistance. [87]
The 2004 Congressional Budget Office study, working from an assumption "that about 0.6 percent of adults would enter into same-sex marriages if they had the opportunity" (an assumption in which they admitted "significant uncertainty") estimated that legalizing same-sex marriage throughout the United States "would improve the budget's bottom line to a small extent: by less than $1 billion in each of the next 10 years". This result reflects an increase in net government revenues (increased income taxes due to marriage penalties more than offsetting decreased tax revenues arising from postponed estate taxes). Marriage recognition would increase the government expenses for Social Security and Federal Employee Health Benefits but that increase would be more than made up for by decreased expenses for Medicaid, Medicare, and Supplemental Security Income. [87]
Based in part on empirical research that has been conducted on the adverse effects of stigmatization, numerous prominent social science organizations have issued position statements supporting same-sex marriage and opposing discrimination on the basis of sexual orientation; these organizations include the American Psychoanalytic Association and the American Psychological Association. [70]
Several psychological studies [89] [90] [91] have shown that an increase in exposure to negative conversations and media messages about same-sex marriage creates a harmful environment for the LGBT population that may affect their health and well-being.
One study surveyed more than 1,500 lesbian, gay and bisexual adults across the nation and found that respondents from the 25 states that have outlawed same-sex marriage had the highest reports of "minority stress" — the chronic social stress that results from minority-group stigmatization — as well as general psychological distress. According to the study, the negative campaigning that comes with a ban is directly responsible for the increased stress. Past research has shown that minority stress is linked to health risks such as risky sexual behavior and substance abuse. [92]
Two other studies examined personal reports from LGBT adults and their families living in Memphis, Tennessee, immediately after a successful 2006 ballot campaign banned same-sex marriage. Most respondents reported feeling alienated from their communities, afraid that they would lose custody of their children and that they might become victims of violence. The studies also found that families experienced a kind of secondary minority stress, says Jennifer Arm, a counseling graduate student at the University of Memphis. [93]
In 2009, a pair of economists at Emory University tied the passage of state bans on same-sex marriage in the US to an increase in the rates of HIV infection. [94] [95] The study linked the passage of same-sex marriage ban in a state to an increase in the annual HIV rate within that state of roughly 4 cases per 100,000 population.
United States case law regarding same-sex marriage:
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Ohnoitsjamie (
talk |
contribs)
m
Reverted edits by
Offensiveclownodor (
talk) to last version by 184.74.22.161 |
]]) article falsely represents that faggot weddings are acceptable |
||
Line 1: | Line 1: | ||
[[Image:Samesexmarriage.jpg|thumb|thumb|250px|right|Same-sex marriage ceremony]] |
[[Image:Samesexmarriage.jpg|thumb|thumb|250px|right|Same-sex marriage ceremony]] |
||
'''Same-sex marriage''', also referred to as '''gay marriage''', is [[marriage]] between two persons of the same sex. The [[federal government of the United States]] does not recognize the [[marriage]]s of same-sex couples and is prohibited from doing so by the [[Defense of Marriage Act]]. Nationwide, same-sex marriage is legal in three states as a result of a court ruling and in two others plus a district through a vote in their respective legislatures. |
'''Same-sex marriage''', also referred to as '''gay marriage''', is [[marriage]] between two persons of the same sex. The [[federal government of the United States]] does not recognize the [[marriage]]s of same-sex couples and is prohibited from doing so by the [[Defense of Marriage Act]]. Nationwide, same-sex marriage is legal in three states as a result of a court ruling and in two others plus a district through a vote in their respective legislatures. Most Americans don't approve of gay marriage, as it is a repulsive sin. |
||
Same-sex marriages are currently granted by five of the 50 [[U.S. states|states]], the [[federal district]], and one [[Indian tribe]]: |
Same-sex marriages are currently granted by five of the 50 [[U.S. states|states]], the [[federal district]], and one [[Indian tribe]]: |
Same-sex marriage, also referred to as gay marriage, is marriage between two persons of the same sex. The federal government of the United States does not recognize the marriages of same-sex couples and is prohibited from doing so by the Defense of Marriage Act. Nationwide, same-sex marriage is legal in three states as a result of a court ruling and in two others plus a district through a vote in their respective legislatures. Most Americans don't approve of gay marriage, as it is a repulsive sin.
Same-sex marriages are currently granted by five of the 50 states, the federal district, and one Indian tribe:
State which previously granted same-sex marriage licenses:
States which recognize same-sex marriage but have not granted same-sex marriage licenses:
The movement to obtain marriage rights and benefits for same-sex couples in the United States began in the early 1970s. The issue became even more prominent in U.S. politics in the mid-1990s with a public backlash toward the idea evidenced by Congress' passage of the 1996 Defense of Marriage Act. However, in the opening decade of the 21st century, public support for its legalization has grown considerably. [11] A poll taken between August 6–10, 2010 found support for allowing same-sex marriage in the United States over 50% for the first time. 52% of respondents answered the federal government should give legal recognition to marriages between couples of the same sex (46% in 2009), 46% were against (53% in 2009). [12] [13] New England has since became the center of an organized push to legalize same-sex marriage in the U.S., with four of the six states comprising that region granting same-sex couples the legal right to marry. The issue remains politically divisive in the United States.
Part of the LGBT rights series |
LGBT portal |
The legal issues surrounding same-sex marriage in the United States are complicated by the nation's federal system of government. Traditionally, the federal government did not attempt to establish its own definition of marriage; any marriage recognized by a state was recognized by the federal government, even if that marriage was not recognized by one or more other states (as was the case with interracial marriage before 1967 due to anti-miscegenation laws). With the passage of the Defense of Marriage Act ("DOMA") in 1996, however, a marriage was explicitly defined as a union of one man and one woman for the purposes of federal law. (See 1 U.S.C. § 7.)
DOMA has been under challenge in the federal courts, and on July 8, 2010, Judge Joseph Tauro of the District Court of Massachusetts held that the denial of federal rights and benefits to lawfully married Massachusetts same-sex couples under the DOMA is unconstitutional, under the Tenth Amendment to the US Constitution. [14] [15] This ruling is currently under a stay, but would affect residents residing within the federal district that covers Massachusetts if the stay is lifted. If this decision is appealed and affirmed, the ruling could apply elsewhere in the U.S. For now, no act or agency of the federal government—except within the state of Massachusetts if the stay is lifted—may recognize same-sex marriage.
According to the federal government's Government Accountability Office (GAO), more than 1,138 rights and protections are conferred to U.S. citizens upon marriage by the federal government; areas affected include Social Security benefits, veterans' benefits, health insurance, Medicaid, hospital visitation, estate taxes, retirement savings, pensions, family leave, and immigration law.
However, many aspects of marriage law affecting the day to day lives of inhabitants of the United States are determined by the states, not the federal government, and the Defense of Marriage Act does not prevent individual states from defining marriage as they see fit.
The United States Supreme Court in 1972 dismissed Baker v. Nelson, a case originating in Minnesota, "for want of a substantial federal question". The Defense of Marriage Act, as well as marriage laws in 45 states, could be affected by the outcome of Perry v. Schwarzenegger, a case challenging the validity of California's Proposition 8 under the United States Constitution. [16]
Same-sex marriage is recognized only at the state level, as the federal Defense of Marriage Act explicitly bars federal recognition of such marriages.
Five state governments offer same-sex marriage: Massachusetts, Connecticut, Iowa, Vermont, and New Hampshire. [17] In all five states, same-sex marriage has been legalized through legislation and/or via court ruling. [17] As of November 2009, when legislation legalizing same-sex marriage in Maine was defeated by referendum, same-sex marriage had been defeated in all 31 states in which it had been directly put to a popular vote. [17] As of January 2011, 29 states had amended their state constitutions to prohibit same-sex marriage, [18] while 13 others had prohibited same-sex marriage by statute. [19]
Same-sex marriage has been legal in Massachusetts since November 18, 2003; in Connecticut since October 10, 2008 (with Connecticut having previously legalized civil unions in October 2005); [20] in Iowa since April 27, 2009; [21] [22] in Vermont since September 1, 2009; and in New Hampshire since January 1, 2010.
Opponents of same-sex marriage have worked to prevent individual states from recognizing same-sex unions by attempting to amend the United States Constitution to define marriage as a union between one man and one woman. In 2006, the Federal Marriage Amendment, which would prohibit states from recognizing same-sex marriages, was approved by the Senate Judiciary Committee on a party-line vote and was debated by the full United States Senate, but was ultimately defeated in both houses of Congress. [23]
The right to marry was first extended to same-sex couples by a United States jurisdiction on November 18, 2003 by a state Supreme Judicial Court ruling in Massachusetts. [24]
On May 15, 2008, the Supreme Court of California issued a decision in which it effectively legalized same-sex marriage in California, holding that California's existing opposite-sex definition of marriage violated the constitutional rights of same-sex couples. [25] [26] Same-sex marriage opponents in California placed a state constitutional amendment known as Proposition 8 on the November 2008 ballot for the purpose of restoring an opposite-sex definition of marriage. [27] Proposition 8 was passed on Election Day 2008, as were proposed marriage-limiting amendments in Florida and Arizona. [28] The California amendment was challenged in a court proceeding, but was upheld by the state supreme court in a 6–1 vote on May 26, 2009. The court ruled, however, that the approximately 18,000 same-sex marriages that took place in 2008 would remain valid. On October 12, 2009, Governor Schwarzenegger signed SB 54, which allowed all out-of-state same-sex marriages to be given the benefits of marriage under California law, although only those performed before November 5, 2008 will be granted the designation "marriage." On August 4, 2010, a decision by the US District Court in Perry v. Schwarzenegger ruled Proposition 8 unconstitutional. [29] This ruling is expected to affect all same-sex marriage bans in the United States. An appeal to the United States Court of Appeals for the Ninth Circuit was scheduled to be heard the week of December 6, 2010 [30] with the case anticipated to be ultimately decided by the US Supreme Court. [31]
On October 10, 2008, the Connecticut Supreme Court overturned the state's civil-unions statute (2005), as unconstitutionally discriminating against same-sex couples, and required the state to recognize same-sex marriages.
Same-sex marriage was legalized in Iowa following the unanimous ruling of the Iowa Supreme Court in Varnum v. Brien on April 3, 2009. [32] This decision was initially scheduled to take effect on April 24, but the date was changed to April 27 for administrative reasons. [22]
On April 7, 2009, Vermont legalized same-sex marriage through legislation. The Governor of Vermont had previously vetoed the measure, but the veto was overridden by the Legislature. Vermont became the first state in the United States to legalize same-sex marriage through legislative means rather than litigation.
On May 6, 2009, Maine became the fifth state to legalize same-sex marriage. [33] The legislation was overturned by referendum in November 2009. [17]
As of June 1, 2009, New Jersey has created legal unions that, while not called marriages, are explicitly defined as offering all the rights and responsibilities of marriage under state (though not federal) law to same-sex couples. California, Colorado, Hawaii, Maine, Maryland, Nevada, Oregon, Rhode Island, Wisconsin, Illinois and Washington have created legal unions for same-sex couples that offer varying subsets of the rights and responsibilities of marriage under the laws of those jurisdictions. As of 2009, New Jersey only recognized same-sex marriages for the purpose of divorce; otherwise, out-of-state same-sex marriages are treated as civil unions under New Jersey law. [34] On December 7, 2009, the New Jersey Senate Judiciary Committee narrowly approved a bill to allow same-sex marriage, on a vote of 7 to 6. [35] The full Senate rejected the bill a month later, on January 7, 2010, on a vote of 20 to 14. [36]
On June 3, 2009, New Hampshire became the sixth state to legalize same-sex marriage. [37]
A same-sex marriage bill was signed into law by the Mayor of the District of Columbia on December 18, 2009; [38] same-sex marriage licenses became available in Washington, D.C. on March 3, 2010. [39]
As of January 1, 2009, thirty states have constitutional amendments explicitly barring the recognition of same-sex marriage, defining civil marriage as a legal union between a man and a woman. [40] More than forty states explicitly restrict marriage to two persons of the opposite sex, including some of those that have created legal recognition for same-sex unions under a name other than "marriage", e.g., civil unions and domestic partnerships.[ citation needed] Nineteen states ban any legal recognition of same-sex unions that would be equivalent to civil marriage. [41]
As of August 2010, same-sex marriage was legal in Massachusetts, Connecticut, Iowa, New Hampshire, Vermont, and Washington, D.C., as well as Coquille Indian Tribe in Oregon.
Some states, including New York, Rhode Island, and Maryland, recognize same-sex marriage licenses from other jurisdictions, but do not provide such marriage licenses within their own borders. [8] [9] [10] New York courts have ruled that same-sex marriages conducted in states where they are legal must be recognized by those states, but that the state statutes do not allow the issuance of same-sex marriage licenses. [42]
Same-sex marriage conducted abroad is recognized in the U.S. States of New York, California, Rhode Island, and Maryland, and in Washington, D.C..
The nationwide legalization of same-sex marriage in Canada has raised questions about U.S. law, because of Canada's proximity to the U.S. and the fact that Canada has no citizenship or residency requirement to receive a marriage certificate (unlike Belgium and the Netherlands). Canada and the U.S. have a history of respecting marriages contracted in either country.
Immediately after the June 2003 ruling legalizing same-sex marriage in Ontario, a number of American couples went or planned to go to the province in order to get married. A coalition of American national gay rights groups issued a statement asking couples to contact them before attempting legal challenges, so that they might be coordinated as part of the same-sex marriage movement in the United States.[ citation needed]
This article may lend
undue weight to certain ideas, incidents, or controversies. (July 2010) |
President Barack Obama has stated in the past that he is both for [43]and against same-sex marriage, [44] though he has recently stated that his current position is "evolving." [45] President Obama remains sympathetic to the rights of individuals who identify as gay or lesbian. [46] In a 1996 newspaper interview, Obama stated "I favor legalizing same-sex marriages, and would fight efforts to prohibit such marriages." [47]However, during the 2008 presidential campaign, Obama stated, "I believe that marriage is the union between a man and a woman. For me as a Christian, it is a sacred union. You know, God is in the mix." [48] One report indicates that Obama may have made comments in support of same-sex marriage during his Illinois Senate race in the 1990s. [49] The president "supports full civil unions and federal rights for LGBT couples and opposes a constitutional ban on same-sex marriage," [46] but stated in December, 2010 that these civil unions from the perspective of same-sex couples are "not enough." [45] President Barack Obama opposes a federal mandate for same-sex marriage, and also opposes the Defense of Marriage Act, [50] stating that individual states should decide the issue. [51] [52] President Obama opposed Proposition 8—-California's constitutional ban on same-sex marriage-—in 2008. [53] President Obama has stated that he continues to personally wrestle with the issue of same-sex marriage. [45]
Many high-profile politicians and commentators have expressed their views on same-sex marriage. Glenn Beck and Rush Limbaugh are two of the most prominent conservative commentators based on recent listenership ratings. [54] In an “O’Reilly Factor” interview in August 2010, when Glenn Beck was asked if he “believe(s) that gay marriage is a threat to [this] country in any way,” he stated, “No I don’t…I believe that Thomas Jefferson said: "If it neither breaks my leg nor picks my pocket what difference is it to me?” [55]
During the 2008 presidential election campaign, then-Vice Presidential candidate Sarah Palin stated: "I have voted along with the vast majority of Alaskans who had the opportunity to vote to amend our Constitution defining marriage as between one man and one woman. I wish on a federal level that that's where we would go because I don't support gay marriage.” [56]
On his radio show in August 2010, Rush Limbaugh made the following comments on the recent decision by U.S. District Court Judge Vaughn Walker regarding Proposition 8 in California: “Marriage? There's a definition of it, for it. It means something. Marriage is a union of a man and woman. It's always been that. If you want to get married and you're a man, marry a woman. Nobody's stopping you. This is about tearing apart an institution.” [57] Commenting on the same court decision, former Speaker of the House Newt Gingrich issued a strong statement in opposition to same-sex marriage, which read, in part, as follows: "Judge Walker's ruling overturning Prop 8 is an outrageous disrespect for our Constitution and for the majority of people of the United States who believe marriage is the union of husband and wife... Congress now has the responsibility to act immediately to reaffirm marriage as a union of one man and one woman as our national policy.” [58] By way of contrast, then- Speaker of the House of Representatives Nancy Pelosi expressed her support for Judge Walker's decision: "I am extremely encouraged by the ruling today, which found that Proposition 8 violated both the due process and equal protection clauses of the U.S. Constitution. Proposition 8 has taken away individual rights and freedoms, and is a stain upon the California Constitution. We must continue to fight against discriminatory marriage amendments and work toward the day when all American families are treated equally." [59] In 2009 Pelosi described the difficulty in repealing the Defense of Marriage Act: "I would like to get rid of all of it. But the fact is we have to make decisions on what we can pass at a given time. It doesn’t mean the other issues are not important. It is a matter of getting the votes and the legislative floor time to do it." [60] Openly gay Congressman Barney Frank voiced his concern in September 2009 with regard to the ability to obtain sufficient votes to overturn the Defense of Marriage Act: “If we had a chance to pass that, it would be a different story, but I don't think it's a good idea to rekindle that debate when there's no chance of passage in the near term." [61]
Rachel Maddow, an openly gay commentator on MSNBC, has expressed her frustration with the Obama Administration position on same-sex marriage in August 2010. In response to Senior White House Advisor David Axelrod’s statement on President Obama’s position: “The president does oppose same-sex marriage but he supports equality for gay and lesbian couples in benefits and other issues,” Maddow said, “Got that? So the line from the administration is that Barack Obama does not want gay people to be allowed to be married, but when gay people can be married and other people are trying to take away that right like in California, he doesn’t want the right to be taken away. But, he’s not in favor of that right in the first place. You got it? The president is against gay marriage but he is also against constitutional amendments to ban gay marriage, which means that he’d apparently prefer that gay marriage be banned through flimsier tactical means? That’s the president’s position. Clear as mud. Ripe for criticism much?” [62]
Advocacy groups have entered the same-sex marriage debate in recent years, including the National Organization for Marriage (NOM) and the Family Research Council (FRC), which is a designated hate group by the Southern Poverty Law Center. [63] NOM lists a number of strategies on its website for supporters to use, including the following statement: “Strong majorities of Americans oppose gay marriage. Supporters of SSM therefore seek to change the subject to just about anything: discrimination, benefits, homosexuality, gay rights, federalism, our sacred constitution. Our goal is simple: Shift the conversation rapidly back to marriage. Don’t get sidetracked. Marriage is the issue. Marriage is what we care about. Marriage really matters. It's just common sense.” [64] According to its website, the FRC opposes "the vigorous efforts of homosexual activists to demand that homosexuality be accepted as equivalent to heterosexuality in law, in the media, and in schools. Attempts to join two men or two women in 'marriage' constitute a radical redefinition and falsification of the institution, and FRC supports state and federal constitutional amendments to prevent such redefinition by courts or legislatures." [65] The Human Rights Campaign (HRC) is one of the leading advocacy groups in support of same-sex marriage. According to the HRC's website, "Many same-sex couples want the right to legally marry because they are in love — many, in fact, have spent the last 10, 20 or 50 years with that person — and they want to honor their relationship in the greatest way our society has to offer, by making a public commitment to stand together in good times and bad, through all the joys and challenges family life brings." [66]
Same-sex marriage supporters make several arguments in support of their position. Gail Mathabane likens prohibitions on same-sex marriage to past U.S. prohibitions on interracial marriage. [67] Fernando Espuelas argues that same-sex marriage should be allowed because same-sex marriage extends a civil right to a minority group. [68] According to an American history scholar Nancy Cott "there really is no comparison, because there is nothing that is like marriage except marriage." [69] Several mainstream social science organizations in the United States take the view that the stigma created by policies that they believe constitute differential treatment of gay men and women has severe psychological and social impacts; those organizations aver that defining marriage as an opposite-sex institution invites the public to discriminate against individuals who identify as gay or lesbian and has adverse effects on children raised by same-sex partners. [70]
Opponents of same-sex marriage in the United States ground their arguments on parenting concerns, religious concerns, and concerns about a “slippery slope” leading toward other changes to the definition of marriage. The Southern Baptist Convention claims that extending marriage rights to same-sex couples would undercut the conventional purpose of marriage. [71] The Church of Jesus Christ of Latter-day Saints, the United States Conference of Catholic Bishops, the Southern Baptist Convention, and National Organization for Marriage, argue that children do best when raised by a mother and father, and that legalizing same-sex marriage is, therefore, contrary to the best interests of children. [72] [73] [74] [75] [76] Maggie Gallagher of the National Organization for Marriage has raised concerns about the impact of same-sex marriage upon religious liberty and upon faith-based charities in the United States. [77] Other arguments against same-sex marriage are based upon concerns about a "slippery slope" toward other redefinitions of the institution. Stanley Kurtz of the Weekly Standard has written that same-sex marriage would eventually lead to the legalization of polygamy in the United States. [78]
A libertarian argument for marriage privatization holds that government has no role in defining the terms whereby individuals contract to arrange their personal relationships, regardless of sexual orientation. [79] [80] [81] People holding this viewpoint argue that government should have a limited role or no role in defining marriage, only in enforcing those contracts people construct themselves and willfully enter. The rights granted to a married couple exceed those that can be mutually granted by two people to each other contractually, and also involve rights granted by government. [82] [83] [84]
Public support for same-sex marriage has grown. In 1996, 25% of Americans supported legalization. A May, 2010 Gallup Poll found opponents of legalizing same-sex marriage outnumbered supporters in the United States, by 53% to 44% (59% to 37% in 2005). Opposition to same-sex marriage was tied for the lowest level shown in a Gallup poll. [85]
A poll taken between August 6–10, 2010 found growing support for allowing same-sex marriage in the United States. 52% of respondents answered the federal government should give legal recognition to marriages between couples of the same sex (46% in 2009), 46% were against (53% in 2009). [12] [13]
Dr. M. V. Lee Badgett, an economist and associate professor at the University of Massachusetts Amherst, has studied the impact of same-sex legal marriage on same-sex couples. According to a 1997 General Accounting Office study requested by Rep. Henry Hyde (R), at least 1,049 U.S. Federal laws and regulations include reference to marital status. [86] A later 2004 study by the Congressional Budget Office finds 1,138 statutory provisions "in which marital status is a factor in determining or receiving 'benefits, rights, and privileges.'" [87] Many of these laws govern property rights, benefits, and taxation. Same-sex couples are ineligible for spousal and survivor Social Security benefits. [87] Badgett's research finds the resulting difference in Social Security income for same-sex couples compared to opposite-sex married couples is US$5,588 per year. The federal ban on same-sex marriage and benefits through the 1996 Defense of Marriage Act (DOMA) extends to federal government employee benefits. [87] According to Badgett's work, same-sex couples face other financial challenges against which legal marriage at least partially shields opposite-sex couples. [88]
While state laws grant full marriage rights ( Connecticut, Iowa, Massachusetts, New Hampshire and Vermont) or some or all of the benefits under another name ( New Jersey, Washington, California, etc.), these state laws do not extend the benefits of marriage on the Federal level, and most states do not currently recognize same-sex marriages, domestic partnerships, or civil unions from other states.
One often overlooked aspect of same-sex marriage are the potential negative effects on same-sex couples. While the legal benefits of marriage are numerous, same-sex couples would face the same financial constraints of legal marriage as opposite-sex married couples. Such potential effects include the marriage penalty in taxation. [87] Similarly, while social service providers usually do not count one partner's assets toward the income means test for welfare and disability assistance for the other partner, a legally married couple's joint assets are normally used in calculating whether a married individual qualifies for assistance. [87]
The 2004 Congressional Budget Office study, working from an assumption "that about 0.6 percent of adults would enter into same-sex marriages if they had the opportunity" (an assumption in which they admitted "significant uncertainty") estimated that legalizing same-sex marriage throughout the United States "would improve the budget's bottom line to a small extent: by less than $1 billion in each of the next 10 years". This result reflects an increase in net government revenues (increased income taxes due to marriage penalties more than offsetting decreased tax revenues arising from postponed estate taxes). Marriage recognition would increase the government expenses for Social Security and Federal Employee Health Benefits but that increase would be more than made up for by decreased expenses for Medicaid, Medicare, and Supplemental Security Income. [87]
Based in part on empirical research that has been conducted on the adverse effects of stigmatization, numerous prominent social science organizations have issued position statements supporting same-sex marriage and opposing discrimination on the basis of sexual orientation; these organizations include the American Psychoanalytic Association and the American Psychological Association. [70]
Several psychological studies [89] [90] [91] have shown that an increase in exposure to negative conversations and media messages about same-sex marriage creates a harmful environment for the LGBT population that may affect their health and well-being.
One study surveyed more than 1,500 lesbian, gay and bisexual adults across the nation and found that respondents from the 25 states that have outlawed same-sex marriage had the highest reports of "minority stress" — the chronic social stress that results from minority-group stigmatization — as well as general psychological distress. According to the study, the negative campaigning that comes with a ban is directly responsible for the increased stress. Past research has shown that minority stress is linked to health risks such as risky sexual behavior and substance abuse. [92]
Two other studies examined personal reports from LGBT adults and their families living in Memphis, Tennessee, immediately after a successful 2006 ballot campaign banned same-sex marriage. Most respondents reported feeling alienated from their communities, afraid that they would lose custody of their children and that they might become victims of violence. The studies also found that families experienced a kind of secondary minority stress, says Jennifer Arm, a counseling graduate student at the University of Memphis. [93]
In 2009, a pair of economists at Emory University tied the passage of state bans on same-sex marriage in the US to an increase in the rates of HIV infection. [94] [95] The study linked the passage of same-sex marriage ban in a state to an increase in the annual HIV rate within that state of roughly 4 cases per 100,000 population.
United States case law regarding same-sex marriage:
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