Malcolm Rivera
The topic of gay marriage and its relation to the constitution has been a highly debated issue in the United States for decades. While some states have passed constitutional amendments limiting marriage to opposite-sex couples, others have legalized same-sex marriage through court rulings and ballot initiatives. The Defense of Marriage Act (DOMA), enacted in 1996, stated that marriage was a union between a man and a woman, and allowed states to refuse to recognize same-sex marriages performed in other states. However, in 2015, the Supreme Court ruled in Obergefell v. Hodges that the fundamental right of same-sex couples to marry is guaranteed by the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment. This ruling marked a significant shift in public sentiment and legal recognition of LGBTQ+ rights, with nationwide public support for same-sex marriage reaching 70% in 2021.
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What You'll Learn
The Defense of Marriage Act (DOMA)
Prior to DOMA, states occasionally refused to recognize marriages from other jurisdictions if they conflicted with their "strongly held public policies". DOMA's Section 3 defined marriage under federal law as a union between one man and one woman. This section was challenged in federal courts, with opponents arguing that it was discriminatory on the basis of sex and equated homosexuality with incest and polygamy.
The implications of DOMA were significant for same-sex couples, denying them access to numerous benefits and protections that opposite-sex couples enjoyed. These included over 1,000 federal protections and privileges, such as access to a spouse's employment benefits, inheritance rights, joint tax returns, and the right to cohabit in college or military housing. One major provision of DOMA was that it prevented a non-biological parent in a same-sex relationship from having a legal relationship with their partner's biological child. Same-sex couples were also unable to take medical leave to care for their partners or non-biological children.
The passage of DOMA faced opposition, with about a third of the Democratic caucus in both the House and Senate against it. President Clinton himself criticized the act as "divisive and unnecessary" but still signed it into law. In the years following its enactment, several lawsuits were filed challenging the constitutionality of DOMA. In 2013, the U.S. Supreme Court in United States v. Windsor struck down DOMA's definition of marriage as solely between a man and a woman. In 2015, in Obergefell v. Hodges, the Supreme Court invalidated the section of DOMA that allowed states to refuse to recognize same-sex marriages performed in other states. Finally, on December 13, 2022, DOMA was repealed and replaced by the Respect for Marriage Act, which recognizes and protects same-sex and interracial marriages under federal law.
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The Fourteenth Amendment
The Defense of Marriage Act (DOMA), enacted in 1996, further complicated matters. While some states had already legalised same-sex marriage or were moving towards it, DOMA's Section 2 stated that no state was required to recognise these marriages, and Section 3 defined marriage under federal law as a union between a man and a woman. This prompted legal challenges based on equal protection and due process rights, guaranteed by the Fourteenth Amendment.
A pivotal moment came in 2015 with the landmark Supreme Court case Obergefell v. Hodges, which ruled that the fundamental right of same-sex couples to marry is guaranteed by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment. This ruling required all states and territories to recognise and perform same-sex marriages, bringing marriage equality to the entire nation.
The NAACP, a leading civil rights organisation, has explicitly supported marriage equality, citing the Fourteenth Amendment's guarantee of equal protection under the law. The Human Rights Campaign, the largest LGBTQ rights organisation in the US, has also played a crucial role in the fight for marriage equality, recognising the love and commitment of same-sex couples.
In conclusion, the Fourteenth Amendment, through its Equal Protection Clause, has been instrumental in securing marriage equality for same-sex couples in the United States. The journey towards this equality involved legal challenges, changing public sentiments, and the tireless efforts of individuals and organisations dedicated to ensuring that all people are recognised equally under the law.
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State-level recognition
The history of same-sex marriage in the United States dates back to the early 1970s, when the first lawsuits seeking legal recognition of same-sex relationships brought the question of civil marriage rights and benefits for same-sex couples into the public eye. However, these initial efforts were unsuccessful, and the movement for marriage equality faced numerous challenges and opposition over the next few decades.
At the state level, the journey towards recognizing same-sex marriage has been complex and varied. Before the landmark Obergefell v. Hodges ruling in 2015, some states allowed same-sex marriage through court rulings or state laws, while others had explicit bans or no firm policy on the issue. For example, Massachusetts became the first state to legalize same-sex marriage in 2004 following a court decision, while California achieved marriage equality in 2008, only to have it reversed the same year by Proposition 8, which defined marriage as between a man and a woman.
The Defense of Marriage Act (DOMA), enacted at the federal level, further complicated state-level recognition. DOMA stated that no state was required to recognize same-sex marriages performed in other states. This created a confusing patchwork of laws, where same-sex couples faced uncertainty about the validity of their marriages when travelling or relocating across state lines.
Despite these challenges, several states took proactive steps towards recognizing same-sex marriage. Some offered relationship recognition through civil unions or domestic partnerships, even if these unions were not acknowledged by other states or the federal government. As the movement for marriage equality gained momentum, states that allowed same-sex marriage began recognizing marriages performed in other states. However, states with "defense of marriage" laws refused to recognize these marriages, creating a divide across the country.
In 2015, the Supreme Court's ruling in Obergefell v. Hodges changed the landscape by granting same-sex couples in all 50 states the constitutional right to marry. This decision ensured federal recognition of same-sex marriage and guaranteed that all states and territories must recognize these marriages. While this marked a significant victory, it's important to note that a majority of states still have existing laws on the books that would ban same-sex marriage if Obergefell were overturned, highlighting the ongoing political nature of marriage equality.
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Public opinion
Despite these initial reactions, public sentiment gradually shifted. By 2003, Massachusetts had become the first state to legalize same-sex marriage through a court ruling, and other states began striking down past bans and enacting marriage equality laws. This trend continued, and by 2011, New York had also achieved marriage equality through a large-scale campaign. In 2013, the Supreme Court struck down DOMA for violating the Fifth Amendment, granting federal recognition of same-sex marriage.
However, the battle for marriage equality faced challenges and setbacks. California, for example, achieved marriage equality in 2008, only to have it reversed by Proposition 8 in the same year. This amendment was later disputed and played a role in the Supreme Court's eventual decision. Nonetheless, the tide of public opinion continued to move towards acceptance, with various state court rulings, legislation, and direct votes contributing to the expansion of marriage rights.
The NAACP, the leading African-American civil rights organization, has pledged its support for gay marriage, equating it to a civil right protected by the Fourteenth Amendment. The Human Rights Campaign, the largest LGBTQ rights organization in the US, has also advocated for marriage equality, recognizing the love and commitment shared by same-sex couples. These organizations, along with other professional associations, have played a crucial role in shifting public opinion by providing scientific evidence supporting the normalcy and stability of same-sex relationships and parenting.
While same-sex marriage was legalized nationwide in 2015, some lawmakers have since introduced resolutions urging the Supreme Court to overturn this decision. Despite this pushback, the overall trajectory of public opinion has moved towards greater acceptance and recognition of the rights of LGBTQ+ individuals, with efforts to protect and uphold marriage equality continuing across the country.
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Supreme Court rulings
The fight for marriage equality in the United States has been a long and arduous journey, with the Supreme Court playing a pivotal role in shaping the legal landscape for same-sex couples. While efforts to legalise same-sex marriage began in the 1990s, it was in 2003 that the Supreme Court made a significant stride forward by striking down sodomy laws in Lawrence v. Texas. This decision set the stage for the battle ahead, with Massachusetts becoming the first state to legalise same-sex marriage that same year through a court ruling.
One of the critical milestones in the journey towards marriage equality was the Supreme Court's ruling in United States v. Windsor in 2013. The Court found that Section 3 of the Defense of Marriage Act (DOMA) was unconstitutional as it deprived gay Americans of their equal liberty under the Fifth Amendment and violated due process. This ruling paved the way for over sixty state and federal court decisions that mandated states to allow same-sex marriage or recognise marriages performed in other states.
In 2015, the Supreme Court handed down a landmark ruling in Obergefell v. Hodges, solidifying the constitutional right of same-sex couples to marry. The Court determined that the Fourteenth Amendment guarantees the fundamental right of same-sex couples to marry on equal terms as opposite-sex couples, with all the accompanying rights and responsibilities. This ruling marked a pivotal moment in the fight for marriage equality, ensuring that states must issue marriage licenses to eligible couples regardless of sexual orientation.
Despite these victories, the road to marriage equality faced numerous challenges. In 2008, California's Proposition 8, a ballot initiative that defined marriage as between a man and a woman, was passed, dealing a blow to same-sex marriage rights in the state. Additionally, the Defense of Marriage Act (DOMA), enacted in 1996, allowed states to refuse to recognise same-sex marriages performed in other states. It wasn't until December 13, 2022, that DOMA was repealed and replaced by the Respect for Marriage Act, which protects same-sex marriages under federal law.
The Supreme Court's rulings on same-sex marriage have had a profound impact on public sentiment and legal protections for LGBTQ+ individuals. The Court's decisions affirmed the principle of equal protection under the law and recognised the inherent dignity of same-sex relationships. While the journey towards full equality is ongoing, the Supreme Court's rulings have played a pivotal role in advancing the rights of same-sex couples and ensuring their recognition under the Constitution.
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Frequently asked questions
It says that marriage in the United States can only be between a man and a woman. It also says that neither the US Constitution nor any state constitution should be construed to confer marital status or its legal incidents upon unmarried couples or groups.
It means that every state must deny same-sex couples the right to marry. It also overrides any existing local and state-level protections and benefits for gay and lesbian couples, such as hospital visitation rights, inheritance rights, and health insurance.
It would write discrimination into the Constitution and take away legal protections for committed, long-term couples.
Civil unions are a step towards ending discrimination against gay and lesbian couples, but they are not equal to marriage as they create a separate category of rights and protections. Gay and lesbian couples in long-term committed relationships should not be denied the legal rights that other long-term committed couples enjoy.
Allowing two people who are in a loving and committed long-term relationship to have legal protections will positively impact the children they adopt, care for, or the other children in their communities.
