This website uses cookies to ensure you have the best experience. Learn more

Same Sex Marriage Inequality Essay

1517 words - 7 pages

Same-sex marriage inequality is an issue that has been troubling American society since the birth of our country. More recently, the United States Supreme Court has tackled some frequently raised arguments that deal with same-sex marriage and our constitutional rights. In the case US vs. Windsor, the legal question: “Does the Defense of Marriage Act [...] deprive same-sex couples who are legally married under state laws of their Fifth Amendment rights to equal protection under federal law?” The Defense of Marriage Act (DOMA) defines the term “marriage” under federal law as a “legal union between one man and one woman”. The ultimate ruling of the case US v. Windsor declared that Section Three of the Defense of Marriage Act was unconstitutional. The social and economic effects of the decision was not universal in effect, and unfortunately, since states retain power to allow or deny same-sex marriages, over nine-million Americans are still being stripped of their rights.
The concept of same-sex civil unions have throughout the history of society, but have always come attached with a stigma and a hugely divided audience of interest. In 1970, the first same-sex couple applied for a marriage license in Hennepin, Minnesota and were denied. The couple decided to try a different county and were granted their license. This led to the Supreme Court case Baker v. Nelson, which ended up being eventually dismissed under the grounds of “a want of a substantial federal question”. However, several other cases involving same-sex marriage in the US have led to Supreme Court cases deciphering and interpreting our constitutional rights. From Baker v. Vermont to Perry v. Brown, the Supreme Court has interpreted a handful of legal disputes questioning whether same-sex couples should have the same rights as opposite sex couples.
The Defense of Marriage Act was passed in 1996. This act established the American definition of marriage as “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.” The enactment of the Defense Of Marriage Act created a lot of political and social uprise. The statute also recognizes this issue: “No State, territory, or possession of the United States, or Indian tribe, shall be required to give effect to any public act, record, or judicial proceeding of any other State, territory, possession, or tribe respecting a relationship between persons of the same sex that is treated as a marriage under the laws of such other State, territory, possession, or tribe, or a right or claim arising from such relationship.” The second section specifically, made common events such as divorce and adoption, that occurred in a state that allowed same-sex marriage, difficult to process in other states that deny the rights of those not in ‘traditional relationships’ or civil unions. The DOMA was the beginning of the marriage equality act. In 2013, Edith Windsor...

Find Another Essay On Same-Sex Marriage Inequality

Same Sex Marriage Essay

1023 words - 5 pages Should same sex marriage be legal over the United States? Well yes, why you ask because people have the right to marry whomever they want regardless of same sex marriage or opposite sex marriage, which if two people love each other they spend their life with each other, or marry each other. Although same sex marriage is considered as a disgrace throughout the United States. Same sex marriage can be a benefit towards society, which can boost self

Same Sex Marriage Essay

949 words - 4 pages Marriage should be about the love two individuals share, not what gender they are. Most people believe marriage should be between a man and a woman; however society has changed over the years. For a variety of reasons, same sex marriage should be legal in the United States, because every individual should be treated equally and be able to share a life together with the rights and responsibilities of a married couple. “Opponents of same-sex

Same-Sex Marriage

543 words - 2 pages Same-Sex Marriage Should be AllowedA few weeks ago, the famous singer Elton John got married to a man he was dating for twelve years. Many famous people anticipated his wedding ceremony, and it was broadcaste over a worldwide hookup. Nowadays, same-sex marriage was allowed in some countries and many people understand homosexual. However, the issue of same-sex marriage is still a controversial one. Same-sex marriage rights groups insist that it

Same Sex Marriage

1246 words - 5 pages In the last couple of decades the idea of gay marriage has been a heavily debated topic in the world. On both sides there are people who fight for and fight against this right which is slowly being adopted in many places such as the US. Throughout time, the issue on same sex marriage has been disputed for various reasons. Devoe emphasizes this reasoning in an article entitled, “Same-Sex Marriage Isn’t About Freedom,” which states “Gay marriage

Legalizing Same Sex Marriage

1253 words - 6 pages particularly unfair form is sexual discrimination which a same sex couple is not able to be married like a heterosexual couple. Slowly, this form of discrimination is becoming illegal which has caused much dispute. Even though there is debate about it, same sex marriage should become legalized because it deserves the same rights as heterosexual marriages. The idea of same sex marriage began when a court case in the early 1970s in Wyoming was tried

same sex marriage

3364 words - 13 pages AbstractSame-sex marriage has been around since the reign of Egypt, found in historical Egyptian artifacts. Over time, the practice began to become frowned upon, mainly due to the cause of Christianity. Stereotypes began to form, and hindered the social reputation of LGBTs. As individuals formed enormous feelings towards each other, but were of the same sex, laws were created to prevent them from the ability to marry. The United States, was

Same-sex Marriage

1738 words - 7 pages “I'm not for gay marriage, but I'm not for discriminating against people” (Eskridge 1425). During the late twentieth century, activities involving homosexual relations increased. Lately, it is common to encounter a person who is attracted to a person of the same gender. The marriage between couples of the opposite sex became one of the most controversial conflicts that the United States, and the entire world, has to deal with. There are cases

Same Sex Marriage Debate

913 words - 4 pages The gay marriage debate is complex, to say the least. Bitter, emotional, and controversial are just a few words that can be used to describe it. In 2004, Massachusetts became the first state to legalize same sex marriage; since then twelve states have approved gay marriage (Shapiro). Even though some states have decided to legalize same sex marriage others are standing firm on constitutional amendments that ban it. Deciding whether or not gay

Same Sex Marriage

1371 words - 6 pages Today’s society argues widely the correctness of same-sex marriage. Marriage for many people is believed to be a relationship between two people, preferably man and woman. The LGBT community battles for their right to marry without being denied by the government. The legalization of same-sex marriage in the United States has great importance for the future of marriage equality throughout the LBGT community. Same-sex marriage will not harm the

Same Sex Marriage

684 words - 3 pages PAGE PAGE 1 Same Sex Same Sex MarriageNameCourseInstructorDateSame Sex MarriageMarriage between two people of the same sex has been an issue over the last decades. Because of this, a lot of countries have their fair share of laws regarding homosexuality and same sex marriage. In fact, there are countries, which base their existing homosexuality laws to laws in other countries. There are also some countries that serve to influence other

Same-Sex Marriage

1117 words - 4 pages Same-Sex Marriage The United States is known world wide for its civil rights and freedoms. Many Americans are appalled by the idea of same-sex marriages. What?s wrong with the idea of two people who care greatly for one another wanting to spend their lives together? The gay community is misunderstood because many straights are not willing to listen. These individuals would rather just be closed-minded in this situation and reticent to

Similar Essays

Legalizing Same Sex Marriage Essay

1293 words - 5 pages /browse/collectionUScode.action?collectionCode=USCODE&searchPath=Title+1%2FCHAPTER+1&oldPath=Title+1&isCollapsed=true&selectedYearFrom=2012&ycord=0 National Conference of State Legislatures. (2013). Defining marriage: State defense of marriage laws and same-sex marriage. Retrieved from http://www.ncsl.org/research/human-services/same-sex-marriage-overview.aspx NeJaime, D. (2012). Marriage Inequality: Same-Sex Relationships, Religious Exemptions, and the Production of Sexual Orientation Discrimination. California Law Review, 100(5), 1169-1238. United States v. Windsor 570 U.S. ___ (2013) U. S. Const. Amend. XIV.

Same Sex Marriage Essay

1456 words - 6 pages not ban or legalize same-sex marriage. Same-sex marriage is a form of inequality. In an interview with Brandon Voss, George Clooney said "Well before Prop. 8, I've made the point that every time we’ve stood against equality, we’ve been on the wrong side of history. It’s the same kind of argument they made when they didn’t want blacks to serve in the military, or when they didn’t want blacks to marry whites. One day the marriage equality fight

Same Sex Marriage Essay

600 words - 2 pages Kendrick AndersonANTHRO 202Cultural Anthropology30-April-2013Same Sex MarriageMarriage is an institution between one man and one woman. Same-sex relations wouldpresent many changes in the meaning of marriage. Marriage is a historic, culturalinstitution, and same-sex will confuse society generation. The amendment protect marriagefrom over-ruling by either state legislatures or the courts orders. Same-sex marriage can affectchildren in a way of

Same Sex Marriage Essay

615 words - 3 pages Same sex marriage Same sex marriage has become one of the most controversial debates in today’s world. The debate cut across to all members of the society from human right activists, religion, political leaders, to common citizens. Various reasons have been used as the foundations of same sex debate. Some of which are religious beliefs and cultural practices. Different people argue differently with some arguing for while others against