A discussion about the constitutionality of same sex marriage in the united states

Legislatures and Courts History The public national discussion around same-sex marriage first began in when the Hawaii Supreme Court ruled that laws denying same-sex couples the right to marry violated state constitutional equal protection rights unless the state could show a "compelling reason" for such discrimination.

A discussion about the constitutionality of same sex marriage in the united states

A Short History Marriage has a long history in the religious world. It has become so ingrained in the social fabric of the people of the nation, and indeed of the world, that the benefits of marriage to society at large became apparent. Because this religious rite had so many secular benefits, it became recognized by the secular world, and became subject to governmental definition and regulation.

In the religious world, marriage is almost exclusively the committed union between a single man and a single woman. Generally, the union is blessed or consecrated by a representative of the religion. An example is the presiding priest in a wedding ceremony.

Marriage is found in all societies and religions, including the major religions of the West like Judaism, Christianity, and Islam, as well as those of the East like Buddhism and Hinduism.

In modern Christianity, marriage, and the love and sex that accompanies it, is seen as a blessing from God. Children are a prime goal of marriage, and continued marriage is of importance to the continuation of the faith as children are raised by devout parents.

Islam sees marriage as so important that it does not recognize the need for clerics to be celibate as in some Christian sects, such as Catholicism. The purpose of marriage in Islam is to provide company, to encourage love, to procreate, and to live in peace under the commands of Allah.

As one final example, Hindu marriage is also found in sacred texts. Married people have responsibilities to their parents, children, to guests, the community, and to the dead. Marriage is seen as a sacred duty.

A discussion about the constitutionality of same sex marriage in the united states

Civil Marriage With so many disparate religions seeing marriage as a crucial part of the religious life of their adherents, with so many benefits, it was inevitable that government would also see these same benefits.

In the end, the goal of good government is maintaining order and providing for its members. Secular marriage is seen in this light. The benefits of marriage to society, apart from any religious concern or duty, include the following: There is no secular need for marriage to have procreation, for example.

But without marriage, paternity could be difficult to discern, making child support difficult to manage. Note that this list is not exhaustive, and the list shows only the benefits of marriage to society, not the benefits of marriage to the individual. The benefits the individual feels can be quite subjective.

These two segments of society, religion and government, have common reasons for encouraging marriage. This creates two kinds of marriage: Generally speaking, in the United States, when one is married in a religious setting, the civil marriage also begins.

A church is not required, however, for civil marriage. The stereotypical visit to a justice of the peace, marriage license in hand, joins two people in civil marriage. The ability to be both religiously and civilly married at the same time is a convenience.

One other form of marriage has existed and continues to exist in some states. Common law marriage recognizes a de facto state of marriage when there has been no actual ceremony in a religious or civil setting.

Common law marriage is marriage for all civil purposes, but it has a "waiting period. The concept of common law marriage is mostly historical - most states no longer recognize new common law marriages, and the number of those that do is dwindling.

The Controversy Married couples enjoy many secular privileges and benefits. These privileges and benefits are not always exclusively available to married couples, but some are.The US Supreme Court has ruled that same-sex marriage is a legal right across the United States.

It means the 14 states with bans on same-sex marriage will no longer be able to enforce them. Before the U.S. Supreme Court ruling on Oct. 6, , declining to hear cases on same-sex marriage, 31 states had either constitutional or statutory provisions that explicitly defined marriage as between a man and a woman and just 19 states and the District of Columbia allowed same-sex marriage.

Apr 27,  · Many states became concerned that the U.S. Constitution’s Full Faith and Credit Clause, which generally requires states to enforce judicial decisions issued in other states, would require each state to recognize a marriage between same-sex partners that took place in Massachusetts.

The first line of the U.S. Supreme Court’s decision in Obergefell benjaminpohle.com, on the legality of same-sex marriage in the United States, is as breathtaking as it is legalistic. The Fourteenth. Same-sex Marriage and Constitutional Law Martha Nussbaum ▪ Summer (Ted Eytan / Flickr) But states in the United States have typically used that power to compete with one another, and marriage quickly became a scene of competition.

Long before Nevada became famous as a divorce haven, with its short residency requirement, other. The origin of the debate over same-sex marriage can be traced back to , when the Hawaii Supreme Court issued a ruling that appeared likely to lead to recognition of same-sex marriage under the state's .

The Constitutional Dimensions of the Same-Sex Marriage Debate | Pew Research Center