The History of Traditional and Same-Sex Marriage in the US

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According to the federal government of the United States, the definition of the word “marriage refers only to 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” (1 U.S. Code, 2013, p. 1), However, there is no national law prohibiting or allowing gay marriage. Because America shares its government power equally between the national and state government, gay marriage is being legally allowed on a state by state basis, with 18 out of the 50 states now having laws allowing same sex couples get married (CNN, 2014, p. 1). States’ rights to determine who can get married and who can’t are outlined in two pieces of legislature: the Full Faith and Credit Clause in the US Constitution and the Defense of Marriage Act, last edited in 2013. Both pieces of legislature deal with the expressed, reserved powers of the states to license marriages.

Article IV, Section 1 of the Constitution the Full Faith and Credit Clause says, “Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records, and Proceedings shall be proved, and the Effect thereof” (Smith J. & Sullivan C, 2009, p.C12). This means that in every state, legal documents and certifications must be recognized, and Congress can determine how they will be proved to be legal. This includes driver’s licenses, child custody papers, and marriage licenses. However, when the question of gay marriage was brought up, states suddenly did not want to recognize marriage licenses of same-sex couples as they have for heterosexual couples.

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Smith, J. W., & Sullivan, C. (2009). Foundation Series: American Government. Upper Saddle River, New Jersey: Pearson.

States. National Park Service. (2014, May 12). Jim Crow Laws. National Parks Service. Retrieved May 29, 2014, from http://www.nps.gov/malu/forteachers/jim_crow_laws.htm

Statutes & Constitution :View Statutes : Online Sunshine. (2014, May 26). Statutes & Constitution :View Statutes : Online Sunshine. Retrieved May 29, 2014, from http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0741/Sections/0741.212.html

Teen life application study Bible: New Living Translation. (2nd ed.). (2012). Carol Stream, Ill.: Tyndale House Publishers.

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