Same-Sex Marriage

Since the early 1990s, same-sex marriage has become a topic subject to debate and discussion from coast to coast in the Untied States. The laws defining what constitutes a legal marriage vary from state-to-state. Currently, the country stands divided on this issue, with approximately nineteen states and the District of Columbia allowing same-sex couples to marry. The remaining 31 states specify that a marriage can only be between a man and a woman. In the case of Colorado and Nevada, same-sex couples are not allowed to marry but are given the right to form what is referred to as a “civil union” or a “domestic partnership,” where they receive the same benefits as heterosexual couples in the same arrangements. Of the 31 states that do not condone same-sex marriage, approximately thirteen states are currently awaiting appeals.

Legal Background

Previous legal rulings from The United States Supreme Court have suggested that marriage is a fundamental human right. Traditionally, state governments were responsible for a citizen’s marital status. The federal government of the United States recognized any marriage that was recognized in a state. However, in 1996, the Defense of Marriage Act (DOMA) came into effect. In essence, this act identified that states do not have to agree on what constitutes a marriage. A same-sex marriage, if recognized in one state, may not be recognized as marriage in another state. At the federal level, DOMA identified a marriage as between man and woman. DOMA was challenged and in 2013, one of its sections outlining immigration, taxes, and employee benefits, was found to violate the Fifth Amendment.

Affected Groups

The Lesbian Gay Bisexual Transgender (LGBT) community has become more and more visible in America in the past thirty years. For members of this community, the right to marry whom they choose is a significant step forward. It would also have a significant economic impact on same-sex couples, who have been shown to face financial disadvantages when compared to heterosexual couples. Many of these benefits have to do with tax collection, employee benefits, and property laws. Having the right to marry might also have a positive effect on the mental and physical health of homosexual individuals. Research has shown that gay, lesbian, and bisexual adults living in states where same-sex marriage is outlawed experienced significantly more minority stress than those who live in states where same-sex marriage is allowed. Some research has also suggested that HIV infection rates are lower in states where same-sex marriage is legal.

Challenges

Same-sex marriage continues to be a highly polarized legal issue in the United States. Those that believe that marriage should remain between one man and one woman argue that allowing homosexuals to marry would open the floodgates for other non-traditional couples, including incestuous, polygamous, and bestial relationships. They argue that gay marriage “weakens” the institution of marriage and destroys the traditional family unit. Others simply state that being able to marry is not a right, but a privilege. Many of those who challenge gay marriage are also affiliated with religious groups and point to religious texts that describe marriage as being between man and woman only. However, it is expected that support for gay marriage will only increase in coming years.