Same-Sex Marriage

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America is a country known for its freedom, yet people are told who they can and cannot marry. According to Kim Richards a case in Hawaii in 1993 where judges said the state’s constitution required a good reason not to give gay’s equal marriage rights. Congress was pushed to pass the Defense of Marriage Act (DOMA), which prevented homosexuals who were allowed to marry from receiving the usual benefits of marriage, like taxes and retirement. In response states have made their stand on domestic partnerships and civil unions. 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). Dayton says Massachusetts was the first state to sign the bill to allow marriage equality in their state. While republican opponents win the legislative fight with twenty-one states denying marriage equality while just ten have granted the rights to homosexual couples. Polls have shown the majority of America, even including one of our most liberal states, California, remains against gay marriage. After the bill passing in Massachusetts in 2003, thirteen states passed anti-gay-marriage initiatives. Gay right activists are in hopes that states will not follow (...

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Helfman, Tara. "Gay Marriage, the Court, and Federalism." Commentary 135.5 (2013): 18-
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Jacqueline, Maley. "Gay marriage: the political knot it's impossible to untie." Sydney Morning
Herald, The 25 May 2013: 11.Points of View Reference Center. Print.
Jones, Nelson. "Gay Marriage Will Happen -Get over It." New Statesman 141.5096 (2012): 10-
12. Literary Reference Center. Print.
Joel, Connelly. "New Jersey becomes 14th gay marriage state." Seattle Post-Intelligencer
(WA) 21 Oct. 2013: NewsBank. Print.
Kim, Richard. "Guns, Gays and Democrats." Nation 294.19 (2012): 4-6. Academic Search
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Wittes, Benjamin. "Marital Differences." Atlantic Monthly (10727825) 297.4 (2006): 46-
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