Essay on Recognizing Same-Sex Marriage

1565 WordsNov 11, 20147 Pages
Recognizing Same-Sex Marriage Same-sex marriage is a huge controversy between Americans across the Country. In thirty-three states marriage is defined as a “union between a man and a woman”. For seventeen states in the U.S. this definition has been changed because every citizen should be treated equally according to the constitution and this also violates the Equal Protection Clause. It became possible for people of the same-sex to marry when it was stated to be unconstitutional. Denying marriage is denying a citizen their civil rights. People of the same-sex are not receiving the same benefits as a person who has married someone of the opposite sex will receive. It is also an issue between different states. The state law and the federal…show more content…
The United States constitution creates all men equally, therefore if a person wants to marry someone of the same sex, and they are not allowed to do so because it is against the state law that they live in it is causing inequality to humans because someone of the opposite sex is allowed to get married without a question or doubt in all fifty states. In The United States Vs Windsor case, Edith Windsor and Thea Spyer were together for 40 years. Spyer died in 2009 and so Windsor was forced to pay $363,053 in federal taxes on Spyers estate. The argument was that DOMA did not allow Windsor to be Spyers spouse for federal reasons. DOMA was ruled as unconstitutional because it violated the Equal Protection Clause. They are not given their marriage benefits and therefore the partner who lost her partner does not receive anything. When Spyer passed away, the federal government did not recognize Spyer and Windsor’s marriage so they taxed Windsor’s inheritance from Spyer as they were strangers. The federal tax law indicates that if a spouse dies they can leave their assets to their spouse without incurring estate taxes. Under the law of DOMA the federal government does not treat same-sex marriages the same as they would other married couples. Now that some states have banned the law against same-sex marriages not being able to marry it has become a controversy between states whether a person may
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