Gay Marriage: Pros and Cons

In 1996, President Bill Clinton signs the Defense of Marriage Act. The Defense of Marriage Act (DOMA) allows for all the states to deny same-sex couples the same rights as their counterparts. It also gives a formal definition to marriage as the union between a man and a woman (Same Sex Marriage, 2017). The bill does violate the Establishment clause in the First Amendment as the government fails to separate church and state. The document does allude to the book of Genesis when it defines marriage as the union between a man and a woman (Text-HR, 2017). However, most of the nation did not approve of same-sex marriages as the time so the President chose to sign the bill that would later be revoked because of court case Obergefell vs Hodges (Same Sex Marriage, 2017).

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.

This act was passed to define and protect the institution of marriage which is supposed to be “between a man and a woman”. As a tactic, the state of Vermont promoted same sex marriages by labeling them as “civil unions” (Schowengerdt, 2002). The state of Vermont felt civil unions would provide gays and lesbians with the same financial benefits as heterosexual couples (Stewart, 2004). In 1998, Hawaii’s stated legislation implemented the DOMA amendment that altered the state’s constitution and rejected same sex marriages (Schowengerdt, 2002). Between 1995 and 2000, 28 states passed laws preventing the recognition of same sex marriages (Schowengert, 2002). The purpose of the DOMA was to prevent gays and lesbians from “exporting same sex marriages to other states” (Finnis, 1997). A Florida Federal Judge denied two women recognition of their marriage which took place in Massachusetts. As a result of this denial, attemtps were made to force other states and the federal government to recognize same sex marriages in states where it is legal (Stewart, 2003).

Section 2 of DOMA declares that “No State, territory, or possession of the United States, or Indian tribe, shall be required to give effect to any public act, record, or judicial proceeding of any other State, territory, possession, or tribe respecting a relationship between persons of the same sex that is treated as a marriage under the laws of such other State, territory, possession, or tribe, or a right or claim arising from such relationship.”

In the case of US v Windsor, Edith Windsor and Thea Spyer were married in Toronto, Canada in 2007, where a same-sex marriage were legal and was recognized by New York state law. When in 2009, Thea died. Spyer left her estate to her spouse, and because their marriage was not recognized by federal law. The government imposed a tax of $363,000. If their marriage was recognized, the estate would have qualified for a marital exemption, and no taxes would have been imposed. On November 9, 2010 Windsor filed suit in district court seeking a declaration that the Defense of Marriage Act was unconstitutional. The Defense of Marriage Act (DOMA), enacted in 1996, states that, for the purposes of federal law, the words “marriage” and “spouse” refer to legal

The debate on whether the constitution should be changed to allow gays/lesbians legal status, whereby the partners are protected while in the institution of marriage is a heated debated which has been ongoing in many years. There are those states whereby the rights of gays/lesbians to have legal marriages have been recognized, but in most of the states their right to legal marriage have not been recognized. This essay looks at the reasons why the American constitution should be amended to ensure that all states across the United States recognizes the rights of gays/lesbians to have legal marriages. The argument will focus on the impact that lack of legal marriages have on the gay and lesbian partners and the reasons why constitutional amendment can only be the best solution to resolve the issues of the rights for the gay community to a legal marriage.

Gay marriage has been an issue for a very long time and since some states are legalizing it, many worry that it would soon be added as an amendment. The topic of gay marriage brings up religious, legal, and many other issues. In "What's wrong with Gay Marriage?" by Katha Pollitt, the author supports gay marriage and wants it legalized. She states that there is no problem with gay marriage and it's all a matter of separating the church and state. But in “Gay ‘Marriage’: Societal Suicide,” by Charles Colson, the author opposes the idea of gay marriage and states that it will destroy society. Marriage is intended to unite a man and a woman together to bring children into the world, but due to the same-sex marriage,

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.

Learning family advocacy requires students to develop an understanding of contemporary cultural issues surrounding traditional marriage. The struggle over defining marriage was thought to be somewhat settled through the 1996 Defense of Marriage Act (DOMA); however, as this law’s ramifications were realized, greater debate resulted about the moral, philosophical, and civic repercussions of this legal definition. This paper will provide a better understanding of the historical and worldview changes that occurred within the United States over homosexuality and same-sex marriage (SSM). After gaining a better understanding of these issues, the paper will also provide an exploration of the strengths and weaknesses of DOMA from these differing perspectives. In addition, recommendations will be offered for further changes of law and advocacy that would encourage the altering of current thought intent on stifling the defense of traditional marriage.

A metamorphosis in how the American judicial system perceives same-sex marriage, has developed over the past forty years. In October, 1971, the Supreme Court ruled that: "The institution of marriage as a union of man and woman, uniquely involving the procreation and rearing of children within a family, is as old as the book of Genesis.”

"Getting the Facts: Same-Sex Marriage." Family Research Institute. Family Research Institute, 2012. Web. 02 Apr. 2012.

For this journal entry, I have decided to review the Respect for Marriage Act. The Respect for Marriage Act, was introduced in 2009, as a repeal to Section 3 of the Defense of Marriage Act, which deems that the federal government does not recognize marriages of same sex couples. The Respect for Marriage Act was then reintroduced in 2015. The Respect for Marriage Act is a bill to repeal the Defense of Marriage Act and ensure respect for State regulation of marriage (https://www.congress.gov/bill/114th-congress/senate-bill/29)., amends the Defense of Marriage Act to repeal a provision that prohibited state, territory, possession, or Indian tribe from being required to recognize any public act, record, or judicial proceeding of any other state,

The political aspects of whether same-sex couples should be allowed to federal and government recognized marriages are a very complex issue. There are basically two sides to the political argument of whether same-sex couples should be allowed to marry. On one side are the liberals who feel that marriage is a civil right that should be denied based on the basis of a person's sexual orientation. On the other side you have conservatives who feel that marriage is an institution in which should only constitute one man and one woman. In this report we are going to examine how the issue of same-sex marriages are affecting our current political environment, how politics is affecting the movement for

The proposed legalization of same-sex marriage is one of the most significant issues in contemporary American family law. As a heavily campaigned development currently discussed in law assessment; these extremely confrontational and debatable political questions are facing present day American courts. If same-sex marriage is legalized, its affect on the parents, children, same sex couples, families, and the social and political world will be astronomical. The arguments surrounding the issue though confrontational nonetheless are easily seen from a wide array of perspectives. One of the perspectives states that marriage is a promise to a spouse to stay loyal and faithful in all

Ultimately I want to get my point across on same-sex marriage as a societal institution. I will also touch on homosexuality, not as an issue of practice overall, but to use as background and in text evidence. I will also use homosexuality to support the need for same-sex marriage.