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Same-Sex Marriage

Same-Sex Marriage

The proposed legalization of same-sex marriage is one of the most significant issues in contemporary American family law. Presently, it is one of the most vigorously advocated reforms discussed in law reviews, one of the most explosive political questions facing lawmakers, and one of the most provocative issues emerging before American courts. If same-sex marriage is legalized, it could be one of the most revolutionary policy decisions in the history of American family law. The potential consequences, positive or negative, for children, parents, same-sex couples, families, and social structure are enormous. Given the importance of the issue, the value of comprehensive debate of the reasons for and against legalizing same-sex marriage should be obvious.

Marriage is much more than merely a commitment to love one another. Aside from societal and religious conventions, marriage entails legally imposed financial responsibility and legally authorized financial benefits. Marriage provides automatic legal protections for the spouse, including medical visitation, succession of a deceased spouse's property, as well as pension and other rights. When two adults desire to "contract" in t


In 1967 the Supreme Court announced that "marriage is one of the most basic civil rights of man.... essential to the pursuit of happiness" (Stoddard, 1997). Having the highest court on the land make such a profound statement about something which current politicians think they can regulate like phone or TV's is something short of appalling. For who is to say what happiness can be created from wedlock but the people that are in the act itself, per couple, household and gender. The Uniform Marriage and Divorce Act proclaim that "All marriages contracted.... outside this State that were valid at the time of the contract or subsequently validated by the laws of the place in which they were contracted...are valid in this State" (1996). This Act has been enacted in seventeen states and could be the foundation for full faith and credit if marriages were to take place in other states.

The Defense of Marriage Act (DOMA) has allowed individual states to react differently to any intrusion of marriage that they feel is not proper. DOMA states, "marriage means only a legal union between one man and one woman as husband and wife." (1996). "Supporters of DOMA also claim clear constitutional warrant, and that Congress is exercising its own authority under Article IV to prescribe the manner in which the public acts, records, and judicial proceedings of every other state, shall be proved" (Stoddard, 1997). However it would seem that by allowing individual states to alter and change what the meaning of marriage is, it could create a disaster if even heterosexuals want to wed. The underlying principle in DOMA is that states now have the right to redefine what they feel is or is not appropriate behavior and shall be allowed or illegal in their state (DOMA, 1996).

he eyes of the law, as well a perhaps promise in the eyes of the Lord and their friends and family, to be responsible for the obligations of marriage as well as to enjoy its benefits, should the law prohibit their request merely because they are of the same gender?

Unfortunately the full faith and credit clause has rarely been used as anything more then an excuse to get a quick divorce. Suppose a man wants a divorce, yet his wife does not or will not void their marriage. He then goes to Reno Nevada, buys a house, and gets a job for six weeks. After that six weeks he can then declare himself a legal resident and apply for a singular marriage void, because Nevada law allows one side to void their marriage is they are a resident of Nevada. The marriage is now void. The man may move back to his home state, and upon doing so this state must now recognize the legitimacy that Nevada has voided the marriage. Even if the wife does not consent, the new state cannot do anything about it.

Article IV, sec.1 United States Constitution.

"Gay marriages should be allowed, state judge rules," The Wall Street Journal, Dec. 4

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Approximate Word count = 1949
Approximate Pages = 8 (250 words per page double spaced)


  

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