...Topic: Gay Marriage Student Name Institution In the recent past different stakeholders have tried to define what constitutes the institution of marriage. In effect, some states give marriage licenses to gay couples, while others have approved “civil unions” yet many other states have forbidden same-sex marriages (Rauch, 2013). In 1996, the federal government passed the Defense of Marriage Act (DOMA), which defined marriage as “…a legal union between one man and one woman” and that “No state shall be required to give effect to any public act, record or judicial proceeding of any other state respecting a relationship between persons of the same sex is treated as marriage” (Rauch, 2013). Consequent to this law, same- sex couples were denied civic advantages otherwise available to heterosexual married couples, and states were not expected to credit same- sex marriage licenses obtained in other states. In 2013, the United States Supreme Court withdrew DOMA section that disapproved gay marriage. However, it left intact the authority of states to acknowledge, or fail to acknowledge, the legality of the same- sex marriage license gotten from a different state (Rauch, 2013). Some legal means that can be used to bring the gay marriage debate to a standstill include the majority rule...
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...America Verses Gay Marriage. The Land of the Free, or the home of the bigot? Today many Americans enjoy a level of freedom that is, and has been, an unheard of luxury, by both past and present standards, around the World. However, these freedoms have not always been afforded to minority groups without a fight. One of these issues, the right for homosexual couples to marry. Is, and has been, a hot button topic that, for over a decade has caused political, religious, and personal turmoil in the mainstream fabric of American culture. The goal of this paper, through research and facts, is to show the ugly discriminatory, and unconstitutional, factors that have gone into blocking homosexual couples the right to a loving marriage. Congress shall make no law respecting an establishment of religion. The First Amendment of the Constitution of the United States. However, it seems congress has made a law respecting an established religion, and that law is affecting the rights of millions of American Citizens. The law in question is the Federal Defense of Marriage Act (DOMA). DOMA is unconstitutional as the law has clearly been written with respect to the belief systems of an established religion. As Americans it is our responsibility to make sure that this law is changed to meet the confines of the United States Constitution, and to bring equality to all. The Defense of marriage act of 1996 (DOMA). DOMA is one of the key points of contention in the debate on Gay Marriage. So what exactly...
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...Signed into law by President Bill Clinton on September 21, 1996 was a United States federal law called The Defense of Marriage Act (DOMA). Under section 3 of this law the federal government defines marriage as a legal union between one man and one woman and defines a spouse as a person of the opposite sex who is a husband or a wife. Under section 2 of this law no state is required to recognize as a marriage a same-sex relationship that is considered a marriage in another state. This law also prevents the federal government from recognizing the validity of same-sex marriages. Section 3 of DOMA was designed by people who have fear and/or hatred towards homosexuals and that makes it unconstitutional. DOMA violates the constitutional right of married same-sex couples to equal protection under the law and reverses the federal government's long history of allowing states to set their own marriage laws. From the very founding of our nation, the definition of marriage has been understood to be a state rather than a federal responsibility. Before 1996 if a couple was legally married under state law they were married for purposes of federal law. Most aspects of marriage are still up to the states such as whether common law marriage is recognized or the age of marriage without parental consent. States even have different rules on the requirements of terminating a marriage. Why are these issues still left up to the states and why are they trying only to determine whether your sex should...
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...Running head: FEDERAL DEFENSE OF MARRIAGE ACT (DOMA) ANALYSIS Federal Defense of Marriage Act (DOMA) Analysis Ashanti Craine Northwestern State University Analysis of Contemporary Social Policy Issues SOWK 4350 Professor Sepora Fisher, LCSW April 29, 2013 Abstract The Law plays a prominent role in the everyday life of same-sex couples, continuing regulations and constant policing of sexuality and gender form around every aspect of same-sex couple and their marriage. Defense of Marriage Act (DOMA) a federal law designed to uphold the traditional meaning of marriage which is described as a union between one man and one woman by not recognizing same-sex marriage and taking the option away from the states to make their own decision. DOMA has become a leading problem not just for the same-sex couples who are denied the rights and privileges in which opposite-sex couples are afforded under the federal law, but DOMA has also been called into question for its constitutionality and whether it not only goes against equal protection for American citizens but also legally discriminates against a group strictly based off their gender and sexuality. Federal Defense of Marriage Act (DOMA) Analysis Problems that Necessitate the Policy: Section 2 of DOMA says “no State, territory, or possession of the United States, or Indian tribe, shall be required to give effect to any public act, record, or judicial proceeding of any other State, territory, possession, or tribe respecting...
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...limits or rules in place against the marriage of same-sex couples, and we should each get the happiness we are told that we are granted. What is marriage? The definition of marriage is “the state of being united to a person of the opposite sex as husband or wife in a consensual and contractual relationship recognized by law”. Though that is how the law sees marriage, it should be defined as a union between two people, regardless of gender, based on their love and commitment. When a man and a woman decide to take the step in getting married, it is no one person’s business but whomever they wish to have involved. If it is not considered an issue for two people of the opposite gender to get married, then why does it have to be a complicated matter when it is two people of the same gender involved? Why is discrimination against same-sex marriage wrong? History tells us that discrimination in our country can be overcome, especially when the discrimination is unconstitutional. According to the Equal Protection Clause in the Fourteenth Amendment, “…nor shall any state deprive any person of life, liberty, or property, without due process of law…” Denying same-sex couples the right to marry is also denying them of the liberty they rightfully should have. Along with the topic of government law comes the Defense of Marriage Act. It states that “no state, territory, or possession of the United States…shall be required to give effect to any public act…respecting a relationship between...
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...the majority rule has for the legalization of gay marriage, the strength of that side is based on the ballot box. According to the Constitution, it has no specific right to marriage as people have viewed. That's where the ballot box comes in for people to vote and decide if gay marriage should be legal or not. If the majority of people believe that is the right thing to do then the public will be won over. The only weakness about this view would have to be that the majority rule does not work in the favor of gay couples. Viewing the State-by-State statements, people want to figure out if determining the legality of gay marriage should be continued to be argued and if it is appropriate. The weakness about this view is that the power is left for the states to decide because the Constitution is not authorized by the federal government of gay marriage. Meaning that each state has the power to decide on whether what their own policy will be as a state. Based on the Defense of Marriage Act, it gives each state the legal authority to approve or reject same-sex marriages. The strength about this resolves to federalism taking over to operate and letting the subsets of states get their way by their own people locally. Reading the civil rights issue conveys only a positive side to all of it. The issue conveys to be considered as a civil right problem because of what America went through with the laws being outlawed to interracial marriage. The strength that helps this is considering this...
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...8.) Kennedy, Anthony M. 9.) Scalia, Antonin 2. The Defense of Marriage Act (DOMA) enacted in 1996 states that, for the purposes of Federal Law, the words “marriage” and “spouse “ refer to legal unions between one man and one woman., Since some states have allowed same sex marriages. The Federal Government ruled DOMA unconstitutional under the 5th Amendment. According to the article, Edith Windsor and Thea Syper were married in Toronto, Canada. They moved to New York where the stated recognized same sex marriages. Thea Syper died and left her estate to her spouse Edith Windsor. However, the Federal Government taxed the estate for $363,000 due to their marriage not being recognized by Federal Law, had the marriage been recognized the estate would have qualified for a marital exemption and not taxes exposed. 3. The District Court held thhat DOMA. Was unconstitutional . The U. S. Supreme Court of Appeals for the Second District Affirmed. This case impacts the lives, of Americans due to some Americans do not agree with same sex marriages and does not care to see it. Christians that believe that God made marriage for a man and a woman will not like it. This Case impacts Americans lives in some will commit hate crimes as a results. Some Americans would rather their children not be exposed to such. Making same sex marriages legal will cause numerous problems. This will impact those who do want to be in a same sex marriage, because they will be happy that they can marry the person...
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...I. Introduction a. Thesis statement II. What is Domestic Partner explained by law a. Regional/State Laws b. Federal Law c. Defense of Marriage Act III. Cost Analysis of Benefits a. Cost to Employer b. Cost to Employee IV. Pros and Cons of offering Domestic Partner Benefits a. Employee benefits b. Company Gains V. Conclusion Wal-Mart (WM) is the largest retailer in the world and operates in all 50 states. Recently passed laws that allow same sex marriage couples to marry legally and this has caused the company to reevaluate its domestic partner benefit offerings. Studies done by the Human Rights Campaign (HRC) also show that 62% of fortune 500 companies offer domestic partner benefits to their employees. (Hoenig, 2013) Wal-Mart must continue to be at the front of employee relations and it will be necessary to cover all employees, regardless of lifestyle, in order to maintain those relations. It is important that we define what Domestic Partner is as defined by the government. The Office of Personnel Management states, "For purposes of ensuring consistent implementation of the President’s memorandum, a “domestic partner” is defined in OPM regulations (e.g. 5 C.F.R. § 875.213) as a person in a domestic partnership with an employee or annuitant of the same sex. The term “domestic partnership” is defined as a committed relationship between two adults, of the same sex, in which the partners— (1) are each other’s sole domestic partner and...
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...Same Sex Marriage “All men are created equal” we pride ourselves on being a society that promotes equality and equal opportunity to all. Granting to all Americans unalienable rights of life, liberty and the pursuit of happiness. Did that pursuit to happiness include the right to get married? Marriage which is defined as a union between one man and one women according to the Defense of Marriage Act prevents the federal government from recognizing same sex marriage. Same sex marriage is a civil rights, political, social, moral, and religious issue that has be highly debated within the United States. The debate on same sex marriage has become a more talked about topic on whether it is a constitutional right. The due process and equal protection clause within the 14th amendment states” nor shall any state deprive any person of life liberty or property without due process of the law; nor deny to any person within it jurisdiction the equal protection of the law. Marriage being regulated by each separate state allows for unequal treatment of same sex couples that reside in those states. In some states, same sex marriage is legally recognized which gives them the same rights and benefits that a heterosexual marriage would have but only at the state level, this does not include any federal benefits or protection of spouse. In other states civil union are used where same sex marriage is not recognized. This a union that provides a homosexual couple the same state benefits, civil...
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...The Madisonian Model was established to create a system of checks and balances between the three branches of government. Before this system, there was a potential threat of tyranny. Some of the checks and balances include when a president can veto a bill passed by congress; however, congress can override the veto by a two-thirds vote of both houses. This example of checks and balances occurred in 2016 with former President Obama. Former President Obama vetoed a bill stating that victims’ families from 9/11 are allowed to sue Saudi Arabia. This vetoed was overruled by a 97-1 vote by the Senate and a 348-77 vote by the House. Another example of checks and balances is the Supreme Court has the power to deeme congress's laws unconstitutional. In...
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...an African-American man,filed a lawsuit against the Los Angeles County Clerk W.G. Sharp (Perez vs. Sharp, October 1, 1948).Earlier, they had sought a marriage license from the Los Angeles County Clerk’s Office but were denied such because Perez was racially classified as white and Davis as negro. “In this proceeding in mandamus, petitioners seek to compel the County Clerk of Los Angeles County to issue them a certificate of registry (Civ. Code, § 69a) and a license to marry. (Civ. Code, § 69.) In the application for a license, petitioner Andrea Perez states that she is a white person and petitioner Sylvester Davis that he is a Negro. Respondent refuses to issue the certificate and license, invoking Civil Code, section 69, which provides: ". . . no license may be issued authorizing the marriage of a white person with a Negro, mulatto, Mongolian or member of the Malay race." At the time, under California state law, no marriage license could be issued between a "white" person and a "negro" person. Petitioners contend that the statutes in question are unconstitutional on the grounds that they prohibit the free exercise of their religion and deny to them the right to participate fully in the sacraments of that religion. They are members of the Roman Catholic Church. They maintain that since the church has no rule forbidding marriages between Negroes and Caucasians, they are entitled to receive the sacrament of matrimony. The case went all the way to the California Supreme Court and...
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...that marriage should be between a man and a woman, and it is an abomination for man to lay with man and woman with women. The bible was something that all families based their guidelines for life, values, ethics, and beliefs and no one dares to go against it. As I researched an ethical dynamic that has caused much controversy, in the United States, same sex marriage has become an ethical issue. Because of very strong opinions regarding same sex marriages from both the pros and the cons, the issues continue to change. The individuals for same sex marriages and the individuals against same sex marriages tend to represent their beliefs and values very strong. This topic can has many views, which makes it extremely controversial; to go through all the ethical issues of this topic will be impossible. In this paper the past issues regarding same sex marriage, the current issues, changes taking place, the future of these situations, and my opinion on the issue and dynamics of same sex marriages. This ethical dilemma is a very delicate subject. The Previous Situation The history of same-sex marriage is short but heated in the United States. This issue was first bought to national attention in 1993 because of a case in Hawaii. The judge that presided over this case thought that the United States Constitution was a reason not to give homosexual individuals equal rights in marriage. Because of the judge’s ruling, Congress was driven to move forward with the Defense of Marriage...
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...Americans would legalize gay marriage nationwide, favor equal rights for such unions Fifty-two percent of Americans would vote for a federal law legalizing gay marriage in all 50 states. Americans' broader support for recognizing same-sex marriage, at 54%, hasn't changed since the Supreme Court's recent rulings. PRINCETON, NJ -- If given the opportunity to vote on a law legalizing gay marriage in all 50 states, the slight majority of Americans, 52%, say they would cast their vote in favor, while 43% would vote against it. Across the nation's major demographic, political, and religious groups, support for the proposed law ranges from as high as 77% among self-described liberal Americans, and 76% among those with no religious affiliation, to as low as 23% among weekly churchgoers, and 30% among Republicans and conservatives. Other groups showing at least 60% support for legalizing same-sex marriage nationwide include Democrats, adults aged 18 to 34, those who rarely or never attend a church or other place of worship, moderates, Easterners, and Catholics. Others showing less than 50% support include Protestants, adults 55 and older, Southerners, and men. The groups showing the most ambiguity about such a same-sex marriage law, with between 51% and 53% in favor and 43% to 45% opposed, include Midwesterners, nonwhites, and adults aged 35 to 54. No Shift Since Court Decisions in General Support for Legalizing Gay Marriage In the same poll, Gallup asked a separate half-sample...
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...1986. He later entered into marriages with Wendy Holm and Ruth Stubbs, Suzie’s 16-year old sister. The marriages to Wendy and Ruth were solemnized in religious ceremonies only and not otherwise registered with the state. Before reaching age 18, Ruth Stubbs conceived two children with Holm. The state of Utah charged him with violating the state’s bigamy law and with having unlawful sexual conduct with a minor. After being convicted, he appealed on the grounds that his conduct was not bigamy and that, in any event, the bigamy law was unconstitutional under state and federal law. Issue: Whether Rodney Holms was appropriately convicted for bigamy and unlawful sexual conduct with a minor? Whether Holm’s behavior violated Utah’s bigamy statute and whether the statute is constitutional? Rule: A person is guilty of bigamy when he knowingly has a husband or wife or the other person has a husband or wife and that person intends to marry another person or cohabits with another person. Utah code section 76-7-101 Analysis: Holms was guilty of bigamy because he purported to marry Ruth Stubbs, after he was already married. The “purports to marry” language under the bigamy statute is broad enough to include this type of religious solemnization engaged in by Holm and Stubbs. The federal constitution does not protect Holm from bigamy prosecution on religious freedom grounds. We hold that the term “marry” includes both legally recognized marriages and those that are not state...
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...for decades. However, interracial marriage in the United States has been fully legal in all U.S. states since the 1967 Supreme Court decision, Loving v. Virginia, that decreed all state antimiscegenation laws unconstitutional. Many states, of course, had chosen to legalize interracial marriage much earlier. According to a May 14, 2012, Huffington Post article entitled “Interracial Marriage Statistics: Pew Report Finds Mixed-Race Marriage Rates Rising,” the 1980 Census (the first to collect data on interracial marriage) reported that 3% of all married couples were from different races. The number had risen to 8.4% (one in twelve couples) by 2010. Looking at marriages recorded in the years between 2008 and 2010, we find that 22% of newly-married couples in Western states were of different races or ethnicities, compared to 14% in the South, 13% in the Northeast, and 11% in the Midwest. QUESTION 1: Analyze and evaluate each case independently by providing the following (about two paragraphs per case): LOVING V. VIRGINIA CASE. 1. Facts of the case: In 1958, Mildred Jeter, a black woman, and Richard Loving, a white man, were married in the District of Columbia. The two had gone to the District of Columbia to obtain a marriage license and returned to their home state of Virginia afterward. The couple was then charged with and convicted of inter-racial marriage later on they were confronted by police at their home. The police found their marriage certificate and used it as...
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