Legality of Same-Sex Marriages

A detailed Summary of Legality of Same-Sex Marriages

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. Given the importance of the issue, the value of comprehensive debate of the reasons for and against legalizing same-sex marriage should be obvious. People against same-sex marriages argue that it is unjust and immoral to have sexual relations with another person of the same sex. On the other hand, people fighting for the legalization of same-sex marriage argue that it is not unjust and immoral. However, the 'people' do not have lawful authority to legalize same-sex marriage; it is up to the higher cou!

rts to make the complex decision. Same-sex marriage is a large issue of concern that has been fought for and will be fought for until it is legalized.

In his book "The Challenge of Same-Sex Marriage", Mark Philip Strasser as

Same-sex marriage is one of the most controversial issues in America today. Because of arguemented immorality, same-sex marriage has become a struggle that can only be resolved by the law. As shown by Baehr's case, the legalization of same-sex marriage is a constitutional right reinforced by Article IV. Although many states are banning the recognition of the rights to marry same-sex couples, many states have succeeded in getting same-sex benefits for those that seek to marry. After Hawaiian marriages are brought to the central states for enforcement, these laws will lead each state into a separate constitutional challenge of the same-sex marriage ban. Other homosexual marriage cases could be the new foundation for a sweeping change in popular American politics and thought, and will perhaps pave the road for increased awareness of this human rights issue regarding same-sex marriage.

July 11, 1996. Washington: GPO, 1996.

United States. Cong. Senate. The Defense of the Marriage Act: Hearing Before the

ey must "re-evaluate" the situation of same-sex marriage (Strasser 199). By far, Baehr is the most positive step toward actual marriage rights for gay and lesbian people. Currently there is a high tolerance for homosexuals throughout the United States and in Hawaii (Strasser 199).

Strasser, Mark Philip. The Challenge of Same-Sex Marriage: Federalist Principles and

The United States Congressional Senate in "The Defense of Marriage Act Hearing" states that President Clinton and Senator Don Nickles of Oklahoma enacted a piece of material that is not only discriminatory toward same-sex marriage but is unconstitutional (18). This enactment, the Defense of Marriage Act (DOMA), declares that "marriage means only a legal union between one man and one woman as husband and wife" (United States 21). Under these circumstances, same-sex marriage can not occur. DOMA has allowed individual states to react to any intrusion of marriage they feel is not proper (United States 21). The underlying principle in DOMA is that states now have the right to rede

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