Same-sex marriage is a huge controversy between Americans across the Country. In thirty-three states marriage is defined as a “union between a man and a woman”. For seventeen states in the U.S. this definition has been changed because every citizen should be treated equally according to the constitution and this also violates the Equal Protection Clause. It became possible for people of the same-sex to marry when it was stated to be unconstitutional. Denying marriage is denying a citizen their civil rights. People of the same-sex are not receiving the same benefits as a person who has married someone of the opposite sex will receive. It is also an issue between different states. The state law and the federal law differ, and this causes controversy. If someone gets married in a state that accepts same-sex marriage but lives in a state that it is illegal they lose the benefits once they go back to their home state. Same-sex marriage is a huge issue and is something that is yet to be solved. Much chaos has risen from this argument throughout America and the federal government is taking action. The federal government should be deciding the issue of same sex marriage because DOMA violates the Equal Protection clause by not giving homosexuals federal benefits, not treating LGBTQ citizens equally, and the controversy of different states having separate laws.
The Term Paper on Constitutionality of Same Sex Marriage
... : Constitutionality of Same Sex Marriage in the United States The proposed legalization of same-sex marriage is one of the most significant issues in contemporary American ... eight counties, three states, five state agencies, and two federal agencies extended some benefits to, or registered for some official purposes, same-sex domestic partnerships. ...
There are many people who support gay marriage. The federal government being one of them. On June 26th the U.S. Supreme Court made it possible for people with same sex marriage to receive federal benefits in which they were not aloud to receive because of their sexual orientation. The debate to change all of this was U.S. vs Windsor. In the court the debate was that the section of DOMA (Federal Defense of Marriage act) had the definition that marriage is only to be between a man and a woman. DOMA restricts same sex marriage couples from obtaining marriage federal benefits and inter-state marriage recognition. This violates the Equal Protection Clause causing discrimination to people of the same sex to marry, so it is unconstitutional. Therefore, it has been ruled that same-sex marriages are legally married and they can obtain any federal rights that a woman and man in matrimony can obtain. Homosexuals are being denied their civil rights. A civil right refers to positive actions that the government should take to create equal conditions for all Americans.
The same was that it is unconstitutional because marriage is defined to be a “union between a man and a woman” is also the reason why it is denying a homosexuals civil rights. It is illegal for people of the same-sex to marry but this is not giving citizens equality. If men were created equal under the constitution then homosexuals are allowed to marry. This violates amendment fourteen “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” They are not given their federal benefits that someone is given when they are married such as Health care, taxes, death, immigration, insurance, property, family leave, parenting, inheritance, mobility, housing, and debt. Denying the right to a person of the same-sex to marry one another is unconstitutional. Marriage is defined as being, “a union between a man and a woman”.
The Essay on Same Sex Marriage 12
Nancy Gill has been working for the American Postal office for almost 23 years but unlike other employees who can provide health benefits for their families, she cannot provide the same for her spouse because of one reason – she is married to a woman. Gill and her spouse, Marcelle Letourneau were married in Massachusetts in 2004 and now, they are challenging the federal law Defense of Marriage Act ...
It also is supposed to be between a husband and a wife, or between a spouse and a spouse which is a person of the opposite sex. Sex is referred to as biological characteristics that make up a person from their chromosomes, internal and external organs that make them a female or male. Gender refers to being a female or male by characteristics that come with a society or culture, and is labeled as either masculine or feminine. If one identifies themselves from their social or cultural background as opposed to their biological background they are being discriminated against if they choose to marry someone of their same sex. The United States constitution creates all men equally, therefore if a person wants to marry someone of the same sex, and they are not allowed to do so because it is against the state law that they live in it is causing inequality to humans because someone of the opposite sex is allowed to get married without a question or doubt in all fifty states. In The United States Vs Windsor case, Edith Windsor and Thea Spyer were together for 40 years. Spyer died in 2009 and so Windsor was forced to pay $363,053 in federal taxes on Spyers estate.
The argument was that DOMA did not allow Windsor to be Spyers spouse for federal reasons. DOMA was ruled as unconstitutional because it violated the Equal Protection Clause. They are not given their marriage benefits and therefore the partner who lost her partner does not receive anything. When Spyer passed away, the federal government did not recognize Spyer and Windsor’s marriage so they taxed Windsor’s inheritance from Spyer as they were strangers. The federal tax law indicates that if a spouse dies they can leave their assets to their spouse without incurring estate taxes. Under the law of DOMA the federal government does not treat same-sex marriages the same as they would other married couples.
Now that some states have banned the law against same-sex marriages not being able to marry it has become a controversy between states whether a person may receive their federal benefits or not. If a couple of the same sex gets married in California but they live in Indiana they do not receive their benefits and therefore they are not protected if anything happens to their spouse. If they live in California they will receive the same benefits because it is now legal to marry. DOMA was passed in 1966 but DOMA is unconstitutional under Article four, Clause one which states that citizens of a state are entitled to all privileges and immunities of another state. So if a couple gets married in California, all other states must recognize that marriage because it is a civil matter. This is illegal to do under the constitution.
The Term Paper on Gay Marriage Sex People Society
The legalization of gay marriage is a topic that has been argued in our society for several years. This is also a theme that most people oppose because it is very hard to accept same sex marriage between couples. There are several debates without outcomes we have had over the past several years to seek the right for gay people to marry because it is very difficult to throw away all what that is ...
The states that allow gay marriage are: Court Orders; Massachusetts(1st/2003), Connecticut, Iowa, California, New Jersey. Legislative Action; Vermont(1st/2009), New Hampshire, Washington D.C, New York, Rhode Island, Delaware, Minnesota, Hawaii, Illinois. Referendums; Maine, Maryland/Washington State. There are a total of 17 states that have been approved for legal same-sex marriage. In summary we have seen that the federal government should be the ones making the decisions of the issue regarding same-sex marriage since DOMA is violating the Equal Protection Clause. It remains a controversy that people engaging in same-sex marriage are not receiving their federal benefits, are not being treated equally by the government, and homosexuals marriages are being separated in different states by different laws. They are not given federal benefits by losing protection over their spouse, they are being treated unequally according to the constitution and they are unable to get married in a state where it is illegal, but they can get married in a state that it is legal to marry although if they flee back to their home state it will not count as a marriage anymore. The federal government has a responsibility to ensure marriage equality, and will continue to be tasked with protecting other civil rights as well.
Notes
1. “Gay Marriage: On a Federal or State Level?” YouTube. YouTube, 14 May 2013. Web. 10 May 2014.
2. Nolo Law for All, Nolo, last modified 2014, http://www.nolo.com/legal-encyclopedia/issues-affecting-same-sex-couples-faq-32292-2.html
3. “Civil Liberties and Civil Rights.” Ushistory.org. Independence Hall Association, n.d. Web. 14 May 2014.
4. UCSC, “Equality in Marriage.” http://oakes.ucsc.edu Oakes College, May 2014
5. “What Is the Difference between Sex and Gender?” What Is the Difference between Sex and Gender? N.p., n.d. Web. 08 May 2014.
The Essay on Registered Partners Gay Marriage Sex
The Right to Unite Sam and Alex have been together for two years. Recently, they decided that they would like to buy a house together. This has not been an easy task as their lifestyle choice has caused them complications attaining a loan. Sam and Alex are of the same sex. If they were married, as they one day hope to be, getting a home loan would not be an issue. However, because they are gay, ...
6. Gay Marriage, On a Federal or State Level, 2013
7. Nolo, 2014
8. “Windsor v. United States: Edie Windsor Challenges DOMA.” American Civil Liberties Union. N.p., n.d. Web. 14 May 2014.
9. USCS, 2014
10. Reuters, “Gay Marriage in the U.S.: A Look at States Which Allow Same-Sex Couples to Wed”, Huffpost Gay Voices, January 25, 2014
Bibliography
“Civil Liberties and Civil Rights.” Ushistory.org. Independence Hall
Association, n.d. Web. 14 May 2014.
“Gay Marriage: On a Federal or State Level?” YouTube. YouTube, 14 May 2013. Web. 10 May 2014.
Gay Marriage, On a Federal or State Level, 2013
Nolo Law for All, Nolo, last modified 2014, http://www.nolo.com/legal-encyclopedia/issues-affecting-same-sex-couples-faq-32292-2.html
Reuters, “Gay Marriage in the U.S.: A Look at States Which Allow Same-Sex Couples to Wed”, Huffpost Gay Voices, January 25, 2014
“What Is the Difference between Sex and Gender?” What Is the Difference between Sex and Gender? N.p., n.d. Web. 08 May 2014.
“Windsor v. United States: Edie Windsor Challenges DOMA.” American Civil Liberties Union. N.p., n.d. Web. 14 May 2014.
UCSC, “Equality in Marriage.” http://oakes.ucsc.edu Oakes College, May 2014
