Same Sex Marriage & Marriage Equality: United States v. Windsor Your Name Due Date The average straight America probably doesn’t think twice about laws that allow or disallow marriage. The average straight person, male or female, has the right to marry whomever of the opposite sex they so choose; without question, interference, criticism, and legal sanctions to prevent it from happening…
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However, there, are also, many people who are very much against the homosexual lifestyle and certainly do not want the laws to acknowledge gay marriage. In fact one Act was implemented in the late 1990s, the Defense of Marriage Act or DOMA, which was intended to make certain that gay marriages would not be accepted, could not be enforced in states where it remains illegal, and that no members of a homosexual relationship could collect the benefits that heterosexual couples are entitled to as a married couple. The case of Windsor versus the United States, which concluded just this year, acknowledged elements of the DOMA is unconstitutional and changed the laws which legally acknowledge the rights of spouses in same sex couples. The Defense of Marriage Act was signed and put into practice in 1996. It is broken into two parts. The first part, clearly states that no states in the united States can ever be forced to legally acknowledge or grant spousal rights to a same sex couple if it is illegal in that state, even if the same sex couple was legal married in another location, The second half was intended to define marriage, which is no easy feat, as something that can only occur between a male and a female; the term spouse, also, can only be applied to someone of the opposite sex (Manning). This is an astoundingly poignant statement being made. It seeks to apply a universal definition of marriage; but marriage does not always mean exactly the same thing to all people. Some people think of marriage as a burdensome necessity of life, others do it for personal gain, like money, and then others actually marry for love. If no one can define it universally then how can the government hope to do so? Members of the LGBT community have worked for years to see this, as they see it, unconstitutional policy changed. Edie Windsor and Thea Spyer was a lesbian couple living in New York City. They were together in a monogamous relationship for 44 years, but weren’t married until 2007 when they went to Canada where the marriage is legal. Unfortunately Thea Spyer had suffered many years with the continuous debilitating effects of Multiple Sclerosis, which led to her ultimate paralysis. She passed away in 2009. Thea left everything to her spouse; however the government of New York refused to honor the marriage between them due to the marriage definition established by the DOMA. They taxed Edie’s inheritance extremely high, as if they were strangers; however, straight spouses in the states can receive inherited properties without such taxation. Windsor did not settle for this treatment and took the case all the way to the Supreme Court (American Civil Liberties Union). In June of this year this long court case came to a conclusion. In a 5 to 4 vote that the particulars of DOMA are unconstitutional. This decision reversed part of DOMA and allowed Windsor to be compensated for the false taxation and unconstitutional treatment. This decision means that same-sex couples who are legally married must now be treated the same under federal law as married opposite-sex couples. It is not constitutional to deny legally married couples, gay or straight, the rights they are due because the state has made a moral or ethical
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Same Sex Marriage/Marriage Equality Essay Example | Topics and Well Written Essays - 1000 Words. https://studentshare.org/law/1492377-same-sex-marriage-marriage-equality.
“Same Sex Marriage/Marriage Equality Essay Example | Topics and Well Written Essays - 1000 Words”, n.d. https://studentshare.org/law/1492377-same-sex-marriage-marriage-equality.
One of the biggest fight in America, is the fight for equality. In the fifties and sixties, black Americans fought for equal rights, and this was one of the longest and most publicized fight since the abolishment of slavery. Today there is a new, tempestuous issue on the horizon— the legalizing same sex marriage.
This paper seeks to present a thorough analysis of the points made by Researchers like Robert George and Angela Bolte who have been arguing about the actual definition of marriage and whether the word ‘spouse’ is to be used only for a member of opposite sex or same sex partners can also be called spouses legally.
Some states approved domestic partnerships or civil unions specifically for gay and lesbian couples that want to be married but there are still debates over marriage equality because these alternative unions only afford a measure of legal protection and not the rights as married couples. The aim of this essay if to examine the various protections and right accorded to same-sex couples in the United States.
The author states that the legal issues associated with the same-sex marriage are complicated by the federal government of the United States. According to a significant part of US population, same-sex marriage should not be legalized in the US. Marriage is a matter of civil law. It is not the particular church affair.
Every individual in the society has the equal right to participate in communal organizations. It is evident that the discussions on same-sex marriage are still a burning issue that divides the society. A significant part of the American population believes that the same-sex marriage should not be legalized as it violates the law of nature.
Edith Windsor and Thea Spyer were a same-sex couple married in Ontario Canada in 2007. Their union was legally recognized under Canadian law; 2. Spyer died in 2009 leaving the bulk of her estate to her wife, Windsor. 3. Unable to claim an estate tax exemption under New York tax laws due to Section 3 of DOMA which, according to the IRS defines marriage as only being between a man and a woman, Windsor was made to pay a total of $363,053 in taxes; 4.
Since then, discussions on same sex marriages have yielded positive outcomes in the United States with several states legalizing same sex marriage. The state of Massachusetts is among the states that allow same sex marriage. Same Sex Marriage in Massachusetts Since the 1980s, the state of Massachusetts prohibits any discriminatory activities on individuals based on their sexual orientation in the public and the private employment as well as in other related opportunities.
Marriages are made in Heaven, they say. Rightly so, but the marriages between man and woman. No religion in the world supports marriage within the same sex. Same sex marriages or gay marriages became a topic of controversy in the late 1990s or early 2000s. History does show a record of same sex desire or unions between men, usually of varying ages.
half of the states of the country, same-sex marriage has been legalized; and with the rise of the discussion on the necessity of gay marriage on the federal level, the issue has become even more heated.
In the United States, the question of same-sex marriage legalization has
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