Same-Sex Marriages Legal Or Not Essays - LGBT History,

Same-Sex Marriages: Legal Or Not? I. Introduction The proposed legalization of same-sex marriage is one of the most significant issues in contemporary American family law. Presently, it is one of the most vigorously advocated reforms discussed in law reviews, one of the most explosive political questions facing lawmakers, and one of the most provocative issues emerging before American courts. If same-sex marriage is legalized, it could be one of the most revolutionary policy decisions in the history of American family law. The potential consequences, positive or negative, for children, parents, same-sex couples, families, social structure, public health and the status of women are enormous. Given the importance of the issue, the value of comprehensive debate of the reasons for and against legalizing same-sex marriage should be obvious. Marriage is much more than merely a commitment to love one another. Aside from societal and religious conventions, marriage entails legally imposed financial responsibility and legally authorized fina ncial benefits (Cox 42). Marriage provides automatic legal protections for the spouse, including medical visitation, succession of a deceased spouse's property, as well as pension and other rights. When two adults desire a contract in the eyes of the law, it doubles as a promise- to one another, their friends, and their family- to be responsible for the obligations of marriage, as well as to enjoy its benefits. Should the law prohibit their request merely because they are of the same gender? I intend to prove that because of Article IV of the United States Constitution, there is no reason why the Federal Government, or any state government, for that matter, should restrict marriage to a predefined heterosexual relationship. II. Marriage in Modern Society Marriage has endured a metamorphosis throughout the years. In Western law, wives are now equal, rather than subordinate partners; interracial marriage is now widely accepted, both in statute and in society; and marital failure itself, may be grounds for a divorce (Stoddard 33). Societal changes have been felt in marriages over the past 25 years as divorce rates have increased, integrating into even those families of the upper-class. Proposals to legalize same-sex marriages or to enact broad domestic partnership laws are currently being promoted by gay and lesbian activists, especially in North America (Boston Globe 15A). III. The Fight to Legalize In the United States, efforts to legalize same-sex domestic partnerships have had limited success. The Lambda Legal Defense and Education Fund, Inc. reported that by mid-1995, thirty-six municipalities, eight counties, three states, five state agencies, and two federal agencies extended some benefits to, or registered [for official purposes], same-sex domestic partnerships (Gibson 132). In 1994, the California legislature passed a domestic partnership bill that provided official state registration of same-sex couples and provided limited marital rights and privileges relating to hospital visitation, wills and estates, and powers of attorney (169). While California's Governor Wilson eventually vetoed the bill, its passage by the legislature represented a notable political achievement for advocates of same-sex marriage. The most significant prospects for legalizing same-sex marriage in the near future are in Hawaii, where advocates of same-sex marriages have won a major judicial victory that could lead to the judicial legalization of same-sex marriage, or to legislation authorizing same-sex domestic partnership in that state. In 1993, in the case of Baehr v. Lewin, the Supreme Court of Hawaii vacated a state circuit-court judgement dismissing same-sex marriage claims and ruled that Hawaii's marriage law allowing heterosexual, but not homosexual, couples to obtain marriage licenses constituted gender discrimination under the state constitution's Equal Protection Clause and Equal Rights Amendment (New York Times 55). The case began in 1991 when three same-sex couples who had been denied marriage licenses by the Hawaii Department of Health brought suit in state court against the director of the department. Hawaii law required couples wishing to marry to obtain a marriage license (Los Angeles Times 1A). While the marriage license law did not explicitly prohibit same-sex marriage at that time, it used terms of gender that clearly indicated that only heterosexual couples could marry. The couples sought a judicial decision that would rule the law out as unconstitutional, as it prohibits same-sex marriage and allows state officials to deny marriage licenses to same-sex couples on account of the heterosexuality