The Debate Over Same Sex Parenting

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).

The case was later sent to lower court. Voters approved a constitutional amendment to ban same sex marriage. Hawaii gain national attention, over 40 states over the next 10 years will pass the Defense Of Marriage Act (DOMAs). That defines marriage as a legal union between one man and one woman. On September 21, 1996. President Bill Clinton, signed Federal Defense Of Marriage Act into a law. Which define marriage at a federal level between one man and one woman. This meant there would be no recognition in same sex nor federal protection and benefits given to married heterosexual couples. Vermont was the first state to introduce same sex marriage by enacting a statue without being required to do so by a court decision. December 20, 1999, Vermont court ruled in baker v. Vermont that Vermont constitution entitles same sex couples to the same benefits and protections afforded by Vermont law to married opposite sex couples. Between 2005 and Sep. 15, 2010, 14 more states followed suit, bringing the total number of states with constitutional bans on gay marriage to 30. On July 19, 2011, the Obama administration announced that it will be supporting a bill to repeal the Defense Of Marriage Act. Another decision on Feburary 23, 2011, Obama instructed the Justice Department ti stop defending Defense of Marriage act, over concerns that it violates the fifth amendment. On May 9, 2012 President Obama was the first sitting

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).

In the summer of 2015 the U.S supreme court ruled in favor to legalize same-sex marriage in all 50 countries in the United States. This all occurred because of the Obergefell v. Hodges (2015) case. This very important case involved “14 same-sex couples and two men whose same-sex partners are deceased” and the couples argued that the “state officials violated [their] 14th amendment by denying them the right to marry or to have marriages lawfully performed in another state given full recognition and also violated their equal protection Clause. The supreme court ruled for this case because in the 14th Amendment it clearly declares that all people should have “equal protection under the law”, regardless of race or ethnicity.

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.

The BLAG argues that the Court should apply the lowest level of scrutiny, rational basis review, because the lesbian, gay, bisexual, and transgender (LGBT) community is not a protected class. Since all parties agree the Supreme Court has jurisdiction, the court argues there is no injury to Congress if DOMA is overturned, that BLAG violates the separation of powers, and that no Article III controversy exists. There are many social implications for the DOMA but BLAG agues it serves a federal interest by preserving traditional marriage to encourage responsible procreation. Proponents of DOMA believe marriage is about bringing together men and women so children can have mothers and fathers—parents with differentiated roles that are not interchangeable. BLAG claims responsible procreation is at the heart of society’s interest in regulating marriage because of the inextricable link between marriage and children. Those opposed to DOMA argue it is bad social policy and claim that all Americans—regardless of their sexual orientation—deserve the rights afforded to their peers because all are contributing members of society. They also argue that burdens placed on members of the LGBT community are based on harmful stereotypes with no basis in the individuals’ abilities. Concerns from the federal system are proponents of DOMA claim the law protects states’ sovereignty and neither creates a federalism problem nor hinders state autonomy. DOMA ensures states can independently decide to refuse same-sex marriages because DOMA allows each state to define marriage for itself under state law, and does not allow any state’s definition to eclipse another’s. Those opposed to DOMA claim Congress disregarded federalism

Unlike gender, race, age, religion or ethnicity, sexual orientation anti-discrimination still vary by state. Until 2009, a 1969 federal law defined hate crimes committed on the basis of a person's race, religion, or ethnicity. In October 2009, Congress passed the Matthew Shepard Act, which expanded the definition of hate crimes to include gender, sexual orientation, gender identity and disability. In 2013, in United States v Windsor, The Supreme Court invalidated the Defense of Marriage Act (DOMA), stating that it violated the equal protections in the Fourteenth Amendment. In a 5-to-4 decision by Justice Kennedy, The Court stated, “Careful consideration” had to be given to “discriminations of unusual character.” On June 26, 2015, Obergefell overturned Baker and required all states to issue marriage licenses to same-sex couples and to recognize same-sex marriage throughout out the United States. This case actually made Missouri's Constitution null and void, because Missouri's Constitution directly stated that marriage is between a man and a woman, discriminating against same-sex

Laws afford protection and equality to personal choices relating to marriage, barrier methods for pregnancy, reproduction, family relationship, child care, and guidance. Homosexual people may see self-determination on these aspects, just as straight people do. It doesn 't take an expert or the government to be involved to understand the definition of these words. The authority and the court specialists approve any circumstance. Authorized academics are widely unfavorably opponents. The most outstanding constitutional specialists on this matter are "Cass Sunstein, Erwin Chemerinksky, and William Eskridge" They estimate that DOMA or other long established marriage laws across the states will be unwelcome and unenforceable as not in accordance with the constitution. In addition, the actions of disapproving and eliminating long established marriage laws national has already started. A spokesperson of the Lambda legal corporation which want to stop traditional marriage laws across the states, clearly expressed that they won 't give up until the same sex or gender marriage come across the entire nation. Many other democrats like "John Kerry and Ted Kennedy, Rep. Jerrold Nadler, and former presidential candidates Howard Dean and Carol Moseley Braun", all of them have refused DOMA as not in accordance with the constitution or with the rules and want DOMA to be disproved or refuted by the judicature and with no fundamental or established set of principles governing,

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.

“There is no scientific basis for concluding that lesbian mothers or gay fathers are unfit parents on the basis of their sexual orientation” (Armesto, 2002; Patterson, 2000; Tasker & Golombok, 1997). Ever since gay and lesbians have been parents people have questioned how the parents’ sexual orientation impacts child and adolescent development. Opponents of same-sex parents argue that sexual orientation has a negative impact on child development, while proponents argue that the relationship between the child and parents is what matters. National, state, and local governments are faced with the controversy surrounding same-sex parenting. People have very strong opinions on both sides of the argument. Children and adolescents who are under lesbian or gay parents have normal child development compared with children under heterosexual parents. These children develop normally socially, mentally, and academically.

The current major state and federal law that is affecting same-sex marriage is the Defense of Marriage Act , or DOMA as it also called. The Defense of Marriage Act is a federal law that allows each state to recognize or deny any marriage-like relationship between persons of the same-sex that has been recognized in another state and it also explicitly recognizes for purposes of federal law that marriage is "a legal union of one man and one woman as husband and wife" and by stating that spouse "refers only to a person of the opposite sex who is a husband or wife." When asking the people that I interviewed what their feelings were towards the Defense of Marriage Act and how it currently affects the issue of same-sex marriage and the interviewees who were for same-sex marriage felt that the law was inherently wrong and the person I interviewed who was opposed to same-sex marriage thought the law was good except for one obvious flaw with it.

Since the early 1900s, homosexual people have become increasingly popular and greatly resisted. People that are homosexual face barriers placed upon them by the political system and society. Due to these challenges, homosexuals fought to have the same marital and parental rights as heterosexual people. Same-sex adoption is not prohibited in most states in the United States of America and many places worldwide. Family is not determined solely on blood relations and should be legalized in all parts of the world; because homosexual parents are just as good as heterosexual parents, if not better, and can provide an enriching second chance for many children waiting to be adopted.

Doma or The Defense of Marriage Act was passed in 1996 in efforts to stop same-sex marriages in fear of the debate in Hawaii. Doma this labeled gays as immoral, perverse, depraved, and an attack on God’s principles. Congress passed Doma defining marriage as between a women and a man for the first time in history (Stone, 2012). Congress was clearly influenced by religious beliefs in passing Doma, which makes this unconstitutional. The United states government provides many benefits to married couples such as federal employees are entitled to medical coverage, the spouse of an individual covered by Social Security is eligible for retirement and survivor benefits, and married couples who file joint tax returns usually pay considerably lower federal income taxes than individuals who file separately (Stone, 2012 p.1). However, gay couples are refused these rights under law. Gay couples are denied many rights making them second class in the eyes of the government. If the partner of a gay couple was to be hospitalized the other can be denied rights to see them because they are not considered family. If the partner was to pass away the family can come in and make all the decisions even though it might be against the wishes of the deceased. The family can then take everything away from the surviving partner that dedicated their life and love to. The

Homosexuality in general seems to be more accepted than a few decades ago. However, despite the progress the LGBT (Lesbian, Gay, Bisexual and Transgender) civil right movement has had in recent times, there are still great debates and consequences for the gay community (Slenders, Sieben & Verbakel, 2014). Moreover, a sensitive issue concerning gay marriage and allowing same-sex parenting children evokes great controversies. Thus, qualitative research methods such as interviews, ethnography or focus groups can be appropriate in this area in order to gain insights of people’s opinion such as gay or lesbian parents. Is there a difference in same-sex parenting? Does parental sexual orientation affect child development? This essay will illustrate how qualitative methods can be useful in gathering information, opinions and attitudes of gay couples towards same-sex parenting. This essay will outline two qualitative methods according to this issue and critically evaluate which of the two qualitative methods (ethnography or interviews) could be appropriate in approaching this social issue. In conclusion, the essay will explain why ethnography is a more suitable approach to this topic rather than interview approach.

Nowadays, the question of gay marriage is one of the most heated and controversial. Over the years, same-sex couples are fighting for the legal recognition for their marriages and their right as parents. Parenthood is one of the most valuable experiences in a human life. After finding a partner, it is natural for people to want to raise children. Homosexual parent are the same in ability and commitment to raised healthy children. It would be a big step for improvement in our society to provide necessary support and rights for same-sex couples and their children.