Essay on Defense of Marriage Act

For centuries same sex marriage has been a dispute, especially in Texas because of how powerfully Texas believes in the bible and how extremely “old fashioned” it is. The debate has been over LGBT equality, just like the black civil rights movement and the women’s movement in the 1960’s. Due to the traditional and common law, Texas does not allow same sex marriage. Actually, the state banned same sex marriage a decade ago or more. The issue was during the 2004 presidential election when Missouri and Louisiana voters approved same sex marriage and eleven states placed amendments. Everyone held their word and continued to protect the laws of Texas. The constitutional amendments that banned same sex marriage well-defined marriage as a union between

As noted, the technical legal question to be addressed is whether the federal government or individual states have the right to legalize or prohibit same-sex marriage. To claim that this exact question is increasingly a public concern is to understate the issue. It may be ironic but, as the controversy has grown in recent years, there seems to be more of a demand from the society that the issue be settled once and for all, and for that eyes turn to federal authority. This came to a head in the presidential campaigns of 2013, as same-sex marriage became a “hot button” issue actually defining voter sympathies as either liberal or conservative (Levendusky 42). In plain terms, the Mitt Romney campaign directly appealed to conservative populations opposed to, or perceived as opposed to, gay marriage; the Obama reelection efforts not unexpectedly countered this with an appeal to more liberal factions, which typically favor same-sex unions. The differences in approach aside, the clear fact remains that the nation was emphatically looking to its highest leadership to make a decision, which in turn would lead to federal recognition or denial of same-sex marriage.

“The freedom to marry has long been recognized as one of the vital personal rights

On June 26, 2015, the US Supreme Court ruled that the US Constitution guarantees the right for same-sex couples to marry. Many conservative groups do NOT agree with this decision. The gay marriage debate has been simmering for as long as I can remember. The four articles I have selected give information from four different perspectives including that of liberals, conservatives, homosexuals, and orthodox Jews. With so many differing opinions, one can understand why it's been so hard for the nation to come to agree on this issue.

As the numbers of gay couples have risen exuberantly in the last two decades, they no doubt

Two New York residents, both women, married lawfully in Canada. When one of the spouses, Thea Spyer, died, she left her estate to the other spouse, Edith Windsor. Windsor was not able to claim the estate tax exemption for surviving spouses because of the Defense of Marriage Act (DOMA), a federal law that excluded same-sex partners from the definition of “spouse” in its statutory use. Both the district court and the court of appeals found that portion of the statute unconstitutional.

However, in 2010, the Supreme Court declared Section 3 of DOMA unconstitutional, forcing the federal government to recognize legal marriages of same-sex couples. This enabled committed same-sex couples that are legally married in their own states to receive federal protections.

In the historic ruling of Obergefell v. Hodges declaring same-sex marriage legal in all 50 states, four justices voted against the majority, each giving his or her own reason for dissenting. This momentous decision arose many controversial questions, many believing our justice system was faulty in the decision making process for an issue of such gravity and lasting implications.

According to DOMA, “In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the word 'marriage' means only a legal union between one man and one woman as husband and wife, and the word 'spouse' refers only to a person of the opposite sex who is a husband or a wife” (sec 3). Until recently 2013, the US Supreme Court finally delivered the verdict that declared section 3 of the DOMA, which is the rejection of right to gay marriage is unconstitutional (Shapiro 208). In “Gay Marriage Is A Fundamental Right” by Nathan Goetting, “The right to many, and to marry the person of one's choice, is a fundamental right and a necessary aspect of human happiness. This has been an explicitly stated abiding principle since the Court used its power of judicial review to strike down as unconstitutional a legislature's definition of marriage in 1967.” Currently, 17 states in the United States have legalized the right to same sex marriage. The realization of DOMA is unconstitutional has further evidenced that gay marriage is one of the civil right that should not be taken away by the government, and it is an inevitable changes that open doors for equality and equity.

It removes the definition of “spouse” (currently, a person of the opposite sex who is a husband or a wife). (https://www.congress.gov/bill/114th-congress/senate-bill/29) The Defense of Marriage Act (DOMA), originally enacted in September of 1996, was a United States federal law that, before being ruled unconstitutional, defined marriage for federal purposes as the union of a man and woman, and gave states the permission to states decline recognizing same-sex marriages, even though they were valid under the laws of other states. This was until Section 3 of the Act was struck down in 2013, (United States v. Windsor), DOMA, in combination with other statutes, had banded same-sex married couples from being recognized as “spouses” for purposes of federal laws, effectively barring them from receiving federal marriage

To begin with, people who are against gay marriage are those who have homophobia or the hatred or fear of homosexuals, these people same with some religious people believe that gay marriage should be abolished because they consider that type of marriage not marriage at all because in the Bible a traditional marriage is a male and female to get married

Same sex- marriage is still the topic of many peoples conversation across the country. Citizens, divided by politic party, are very passionate about how they feel about it. The president didn’t approve of it at first, but now he finally accepts same- sex marriage, the Judicial System uses its power to dictate to the States, forcing them to accept same- sex marriage. Both houses of Congress continue to debate what marriage means.

-English common law, and early American law, before the 1820's treated marriages like business mergers. The fathers paid dowries and often arranged marriages for their daughters. In the early 1800's fathers could contract their daughters to marriage as early as age 12 and there was no consent on her part. Boys had to be 14 before they could enter into a marriage contract.

With the multiple arguments for supporting gay marriage, there are equally as many for the opposing arguments. One of the more common arguments is gay marriage is contrary to the word of God and incompatible with many beliefs and traditions of many religious groups. In the bible, Leviticus 18:22 states, “Thou shalt not lie with mankind, as with womankind: it is abomination.” Pope Benedict stated in January 2012 that gay marriage would threaten “the future of humanity itself.”

Same sex marriages have been viewed to have arguments which are meant to support and others to oppose it. The recent surveys conducted have shown that the main reasons against gay marriage are that marriage is meant for a man and a woman only and not same-sex marriage.