Malcolm Rivera
The question of whether heterosexual marriage is protected by the constitution has been a topic of debate for many years. In 1996, President Bill Clinton signed the federal Defense of Marriage Act into law, which defined marriage at the federal level as between a man and a woman. This act ensured that no state would be forced to recognise gay marriages performed in other states and prevented same-sex couples from receiving federal protections and benefits. However, some argue that gay marriage is a civil right protected by the US Constitution's commitments to liberty and equality.
| Characteristics | Values |
|---|---|
| Marriage defined at federal level | Between a man and a woman |
| Federal DOMA statute | No state would be forced to recognise gay marriages performed in other states |
| Federal DOMA statute | Prevented same-sex couples from receiving federal protections and benefits given to married heterosexuals |
| US Constitution's commitments to liberty and equality | Gay marriage is a civil right |
| US Constitution's commitments to liberty and equality | An internationally recognised human right for all people |
| US Supreme Court | Struck down sodomy laws in 2003 |
| US President Bush | Announced he wanted marriage reserved for heterosexuals in 2003 |
| Nebraska voters | Approved a constitutional ban on same-sex marriage in 2000 |
| Nevada voters | Approved a constitutional ban on same-sex marriage in 2002 |
| California | Passed a domestic partnership law in 2003 |
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What You'll Learn
The Defense of Marriage Act (DOMA)
While DOMA did not ban same-sex marriage, it did provide that only heterosexual couples could be granted federal marriage benefits. This was challenged in Obergefell v. Hodges, where Judge Heyburn held that "homosexual persons constitute a quasi-suspect class" and declared that Kentucky's law banning same-sex marriages violated the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution.
The debate around gay marriage has been a contentious issue in the United States, with some arguing that it is a civil right protected by the US Constitution's commitments to liberty and equality. Others have argued that marriage should be reserved for heterosexual couples, with some states passing constitutional bans on same-sex marriage.
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Equal Protection Clause of the Fourteenth Amendment
The Equal Protection Clause of the Fourteenth Amendment of the United States Constitution states that no state shall deny any person within its jurisdiction the equal protection of the laws. This clause has been used to argue for the legalisation of same-sex marriage, with some judges ruling that laws banning same-sex marriage violate the Equal Protection Clause.
In Obergefell v. Hodges, Judge Heyburn held that "homosexual persons constitute a quasi-suspect class" and that Kentucky's law banning same-sex marriages violated the Equal Protection Clause. Similarly, in Tanco v. Haslam, Judge Trauger from the United States District Court in the Middle District of Tennessee granted a preliminary injunction requiring the state to recognise the marriages of three plaintiff couples, stating that "all signs indicate that, in the eyes of the United States Constitution, the plaintiffs' marriages will be placed on an equal footing with those of heterosexual couples and that proscriptions against same-sex marriage will soon become a footnote in the annals of American history."
Despite these rulings, same-sex marriage was not federally recognised in the US until 2015, when the Supreme Court ruled in Obergefell v. Hodges that the Fourteenth Amendment requires states to license and recognise same-sex marriages.
Prior to this, in 1996, President Bill Clinton signed the federal Defense of Marriage Act (DOMA) into law, which defined marriage at the federal level as between a man and a woman. DOMA ensured that no state would be forced to recognise gay marriages performed in other states and prevented same-sex couples from receiving federal protections and benefits given to married heterosexual couples. However, it is important to note that DOMA did not ban same-sex marriage, and some states, such as Vermont, legalised civil unions, which provided most of the state-level benefits of marriage.
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Civil rights
The US Constitution does not explicitly protect heterosexual marriage. However, the federal Defense of Marriage Act (DOMA), signed into law by President Bill Clinton in 1996, defined marriage at the federal level as between a man and a woman. This statute ensured that no state would be forced to recognise gay marriages performed in other states and prevented same-sex couples from receiving federal protections and benefits given to married heterosexual couples.
In 2000, Vermont became the first state to legalise civil unions, providing most of the state-level benefits of marriage. In 2003, the US Supreme Court struck down sodomy laws. Despite this, some states continued to ban same-sex marriage, including Nebraska and Nevada.
In 2014, Judge Heyburn held that "homosexual persons constitute a quasi-suspect class", and declared that Kentucky's law banning same-sex marriages violated the Equal Protection Clause of the Fourteenth Amendment of the US Constitution. Judge Trauger from the United States District Court in the Middle District of Tennessee granted a preliminary injunction requiring the state to recognise the marriages of the three plaintiff couples. She wrote, "At this point, all signs indicate that, in the eyes of the United States Constitution, the plaintiffs' marriages will be placed on an equal footing with those of heterosexual couples and that proscriptions against same-sex marriage will soon become a footnote in the annals of American history."
The debate around gay marriage centres on civil rights. Proponents argue that gay marriage is a civil right protected by the US Constitution's commitments to liberty and equality and is an internationally recognised human right for all people. They also argue that marriage is not only for procreation, as infertile couples or couples not wishing to have children are not prevented from marrying. Opponents argue that marriage should be reserved for heterosexual couples, with some citing religious reasons for their opposition.
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Same-sex marriage bans
In 1998, Hawaii became the first state to approve a constitutional amendment banning same-sex marriage. This was followed by Nebraska and Nevada in 2000 and 2002, respectively. These bans were challenged in court, with judges ruling that laws prohibiting same-sex marriage violate the Equal Protection Clause of the Fourteenth Amendment of the US Constitution.
The argument for same-sex marriage as a civil right protected by the US Constitution's commitments to liberty and equality has gained traction. Additionally, the international recognition of same-sex marriage as a human right for all people has influenced the debate. Vermont became the first state to legalise civil unions in 2000, providing most of the state-level benefits of marriage to same-sex couples.
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Federal protections and benefits
In 1996, President Bill Clinton signed the federal Defense of Marriage Act (DOMA) into law, which defined marriage at the federal level as between a man and a woman. This ensured that no state would be forced to recognise gay marriages performed in other states and prevented same-sex couples from receiving federal protections and benefits given to married heterosexual couples. For example, even if a state made same-sex marriage legal, couples still wouldn't be able to file income taxes jointly, sponsor spouses for immigration benefits, or receive spousal Social Security payments.
In 2000, Vermont became the first state to legalise civil unions, a legal status that provided most of the state-level benefits of marriage. In 2003, the US Supreme Court struck down sodomy laws.
Some argue that gay marriage is a civil right protected by the US Constitution's commitments to liberty and equality and is an internationally recognised human right for all people. In 2014, Judge Heyburn held that "homosexual persons constitute a quasi-suspect class" and declared that Kentucky's law banning same-sex marriages violates the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution.
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Frequently asked questions
Yes, the Defense of Marriage Act (DOMA) defined marriage at the federal level as between a man and a woman.
No, it does not ban same-sex marriage, but it does mean that only heterosexual couples can be granted federal marriage benefits.
Heterosexual couples can file income taxes jointly, sponsor spouses for immigration benefits, and receive spousal Social Security payments.
On September 21, 1996, President Bill Clinton signed DOMA into law.
Yes, but even if they do, same-sex couples will not be able to access federal marriage benefits.
