DOMA was passed out of fear that a lawsuit filed in Hawaii would make them allow same sex marriage. The congress did not want to allow same sex couples the same benefits heterosexual couples receive while legally married (4-6). Opponents of DOMA claims it violates the Due Process Clause of the Fifth Amendment and the Full Faith and Credit Clause. By 2002, thirty-six states banned same-sex marriage or recognizing of same-sex marriage formed in other states (Richards 4-6). Benjamin Wittes says the uproar began in 1991 when Bill Clinton signed the Defense of Marriage Act, and liberals became upset claiming it was a contradiction to our free country (46-48).
The court held that the California ban on same-sex marriage violated the state constitution. The California Supreme Court unanimously agreed to review the decision of the appellate court, and it took its time in doing so. On June 3, 2008, the California secretary of state certified ballot proposition 8, which provided simply that: "Only marriage between a man and a woman is valid or recognized in California." Because of the court 's ruling, the State of California began legally performing same-sex marriages on June 16, 2008.In November 2011, the California Supreme Court ruled that state law did allow Prop 8 's supporters to defend it in court. Now only some states are Plowing gay marriage to be legal (Hanson).
Opponents of the measure ran ads stressing the impact the language would have on straight North Carolina residents, arguing that the measure would eliminate protections against domestic violence. There are 30 states that are for banning same sex marriage. The “Don’t Ask, Don’t Tell” policy that prevented gays, lesbians, and bisexuals from openly serving in the military was effective from 1993 to 2011... ... middle of paper ... ...oters approved Proposition 8, a constitutional amendment outlawing same-sex marriage, thereby overturning the state Supreme Court decision that gave gay couples the right to wed. Works Cited American Democracy Now Texas Edition.. New York City: McGraw-Hill, 2010. Print. Markoff, Steven.
Retrieved from http://www.religioustolerance.org/hom_marr.htm Santoscoy, C. (2013, September 9). Sherrod Brown Helps Launch Ohio Gay Marriage Campaign - On Top Magazine | Gay news & entertainment. Retrieved from http://www.ontopmag.com/article.aspx?id=16357&MediaType=1&Category=26 Unknown (2013). Gay Marriage Rights. Retrieved from http://marriage.laws.com/gay-marriage-rights Unknown (2013, July 10).
I do not think it is right to ruin the holy sacrament of marriage. Although I do not promote gay marriage or civil unions, I do believe a domestic partnership is the union that is most fitting and would make the gay society more productive. There are only few states in the United States that allow gay marriage which include Vermont, Iowa, Massachusetts and Connecticut. Massachusetts legislators decided there was no good state constitutional reason that should prevent gay marriage. Although gay marriage is legal now, Massachusetts may change the constitution’s laws or wording at anytime to prohibit gay marriage.
In 1996, then Senate hopeful Barack Obama wrote “I favor legalizing same-sex marriages, and would fight efforts to prohibit such marriages” (Weinger). The timing of the statement could be directly related to then President Bill Clinton signing into law DOMA, or the Defense Against Marriage Act, initiated by Congress in a bold move that “prevented the federal government from recognizing any marriages between gay or lesbian couples for the purpose of federal laws or programs, even if those couples are considered legally married by their home state” (GLAAD). However, two short years later, then Senator Obama in the midst of reelection was quoted as “’undecided’… in response to…‘Do you favor legalizing same-sex marriage?’” (Weinger). Coincidentally as President Obama’s view on legalizing same-sex marriage was devolving while running for public office, potentially for fear of isolating valued voters, former President Clinton’s had evolved since leaving office, as evidenced by his support for same-sex marriage in New York in 2009 saying, “ I changed my position” (Epstein). This changing of views is hardly unknown in the political arena, however its impact on the LGBT community would soon be shown to be detrimental.
The arguments against gay marriage are unreasonable. Some believe that being gay is unnatural or influences children to be gay. Studies show that there is no difference between children raised by same sex or straight couples. The Defence of Marriage Act of 1996 forbids federal governments from recognizing same-sex marriage which means only state governments can decide if they want to legalize or not legalize gay marriages in that state. There are many benefits that straight married couples receive that gay married couples do not receive.
Nevertheless, marriage is still banned in more than half of the United States of America. Why is gay marriage prohibited in most of the U.S.A.? In spite of elected officials not legalizing same sex marriage, Human Rights Campaign (HRC) mentions that gay and lesbian couples want the same rights as married couples and more than half or majority of Americans feel that they should have a legal agreement that gives them those rights. (History of State Constitutional Marriage Bans, 2011-2013). Many elected officials are against same sex marriage whereas the president of the United States, Mr. Barack Obama, is the first U.S. president to support same sex marriage.
No authority is given to the national government (legislative branch) to make such a law; and 2. The legislation would likely not pass in the house and the senate. If any state were to pass a law declaring same-sex marriage legal in that state, all other states would have to recognize the legality of that contract and the rights that went along with it. So thousands of homosexuals would flock to that state (be it Hawaii, or Vermont) to be married, then be legally married everywhere in the United States.