The purpose of this policy brief is to recommend to the State of Florida a policy that will

The United States of America was founded as a secular sanctuary for ideals like freedom, equality, and tolerance – few will argue against that. Over its history American culture has radically evolved as it strived to meet the ideals its nation was based upon, making changes like ending slavery and providing legal equality for women and minorities, changes that at the time seemed absurd but today are unquestionable merits that define what an “American” is. The quest to reach the ultimate utopian society continues today as true Americans fight the evils of ignorance, stubborn bigotry and the fear to change that still manifest themselves in a large portion of U.S. citizens, preventing this nation from moving forward. One of the outstanding minorities still left to be granted the ideals of freedom, equality, and tolerance are homosexuals trying to obtain the right to marry the person they want to spend the rest of their life with, regardless of gender. Same-sex marriages should be recognized in the eyes of the U.S. government in accordance with its responsibility to provide all American citizens equal freedoms.

The Constitution of the United States does not define what marriage is, thus supporters of this act believe that each state should have the choice whether to recognize marriage between same-sex couples. Furthermore, in the tenth amendment it states, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved

On June 26,2015, the Supreme Court sided that gay marriage is a right protected by the U.S. Constitution in all 50 states. Previously, to their decision, same sex marriage was already legal in 37 states and

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.

DOMA was intended to defend traditional marriage at the federal and state levels. Consequently, DOMA enabled states—even in the face of claims made pursuant to the full faith and credit clause (discussed below)—to decline to recognize same-sex marriages from other states. Furthermore, DOMA defined marriage traditionally in federal law.

In 1996, Congress passed the Defense of Marriage Act (DOMA). DOMA specified that the word ‘marriage’ means only a legal union between one man and one woman. This federal law was passed to prevent gay couples from nationalizing gay marriage by using Article IV, Section 1 of the Constitution, which states,

Windsor struck down the Defense of Marriage Act. The Defense of Marriage Act (commonly referred to as “DOMA”), enacted in 1996, defined for the purposes of the federal government that marriage was a union between one man and one woman. DOMA prohibited the federal government from recognizing same-sex. In Windsor, the Supreme Court ruled that DOMA was unconstitutional under the Fifth Amendment Due Process Clause. It required the federal government to recognize same-sex marriages that have been entered into in states that recognized same-sex marriage. At the time of the Windsor decision New Jersey did not recognize same-sex

In addition, The Defence of Marriage Act, or DOMA, was a law passed by former U.S. President Bill Clinton. The law was designed to undermine the rights of same-sex couples. Gay marriage opposers often use religion to justify their prejudices. That standpoint, however, is faulty. The only way to deny two people the sanctity of marriage is to force a religion upon them, which is unconstitutional. That being said, DOMA was a law used solely for discrimination. “Among other things, these couples cannot file their taxes jointly, take unpaid leave to care for a sick or injured

The global divide of same-sex marriage remains a controversial and convoluted topic across North America. The civil rights of human beings were put into question against the underlying discriminatory issue of homosexuality within the state in the New York Washington post article, “As Rulings Are Announced, Cheers and Tears Among Waiting Crowd”. Wednesday June 26th, 2013 at 10:00am marked the official ruling that the federal Defense of Marriage Act (DOMA), which defines marriage as a union between man and woman, was unconstitutional. History was made as gay spouses were given the legal right to social security benefits such as, shared health cares plans without tax penalties and gay foreigners married to Americans were given access to

Do state laws prohibiting same-sex marriage violate the United States Constitution? This is a question that will be presented before the United States Supreme Court. Four states with bans restricting marriage to a union between one man and one woman will be considered. The question at hand relies on the Court’s interpretation of the 14th Amendment in both the Due Process Clause and the Equal Protections Clause; the Court will also have to consider the question of State’s rights and whether the State has a legitimate interest in denying the title of marriage and its corresponding benefits to same-sex couples.

In our Declaration of Independence the founding fathers clearly stated that everyone is entitled to “the pursuit of happiness.” A basic right and something that most people strive for, is the creation of a happy and stable family. Same-sex couples are being left aside this civil right. They can’t pursuit their happiness thru marriage because this contract that goes beyond the emotional connection between

As recently as two years ago, the Supreme Court in the case of United States v. Windsor ruled explicitly that state governments remain the primary authority to define marriage and its benefits. It did so in striking down the federal Defense of Marriage Act, which had denied federal marital benefits to same-sex couples who were legally married in their home states, under state law allowing such marriages.

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

As the society changing, the history of marriage also changes. Marriage is legally recognized union of two people as partners in a personal relationship, but do those two partners always have to be a man and a woman? Most people believe that homosexuals should be granted equal rights as heterosexual couples. Being as an important social issue, same-sex marriage has become a hot topic of public debates in the recent years. For over the past decade, public support for the same-sex marriage has quickly risen. The United States is one of over twenty countries that allow gay and lesbian couples to wed. I believe that same-sex marriage should be legalized in all countries for several reasons, such as being an issue of equal rights, separation of church and state, no negative effect on the heterosexual communities, increasing in child adoption, and decreasing divorce and suicide rates.

The debate over same-sex parenting and same sex couples being capable of raising healthy children in the United States is a contentious one, speakers on both sides continue to work hard to have their voices heard. Some believe that being raised by same sex couples will cause the children to pursue same sex relationships in the future. The supreme court has been working towards equality and listening to arguments on the rights for same-sex couples to not only marry but to adopt and raise children for years. In 2013, the Supreme Court struck down parts of the Defense of Marriage Act (DOMA) this defined marriage as a union between man and woman and declared that the federal government would recognize same-sex marriages as legal. The federal government began recognizing same-sex marriage and all marriage programs, benefits, and laws such as social security and health benefits when the Defense of Marriage Act was taken down. As of July 2014, same-sex marriage is legal in 37 states, and also in the District of Columbia (Enfin).