Gay Americans have been calling for the right to marry, or at least to create more formalized relationships, since the 1960s, but same-sex marriage has only emerged as a national issue within the last 20 years. The spark that started the debate occurred in Hawaii in 1993, when the Hawaii Supreme Court ruled that an existing law banning same-sex marriage would be unconstitutional unless the state government could show that it had a compelling reason for discriminating against gay and lesbian couples.
Even though this decision did not immediately lead to the legalization of gay marriage in that state (the case was sent back to a lower court for further consideration), it did spark a nationwide backlash. Over the next decade, legislatures in more than 40 states passed what are generally known as Defense of Marriage Acts (DOMAs), which define marriage solely as a union between a man and a woman. While a few of these laws have been struck down, 36 states still have DOMAs on the books. In addition, in 1996 the U.S. Congress passed, and President Bill Clinton signed, a federal DOMA statute that, for purposes of federal law, defines marriage as a union between a man and a woman. The statute also asserts that no state can be forced to legally recognize a same-sex marriage performed in another state. The enactment of a federal DOMA is significant since the federal protections and benefits conferred by marriage are stipulated in over 1,000 laws and policies, including Social Security, family medical leave and federal taxation and immigration policies.
In the late 1990s, Alaska, Nebraska and Nevada amended their state constitutions to prohibit same-sex marriage. These constitutional changes were aimed at taking the issue out of the hands of judges. Conservatives, in particular, feared that without constitutional language specifically defining marriage, many judges would take it upon themselves to interpret other constitutional provisions broadly so as to allow a right to same-sex marriage.
Amid widespread efforts in many states to prevent same-sex marriage, there was at least one notable victory for gay-rights advocates during this period. In 1999, the Vermont Supreme Court ruled that gay and lesbian couples were entitled to all the rights and protections associated with marriage. However, the court left it up to the Vermont Legislature to determine how to grant these rights to same-sex couples. The following year, the legislature approved a bill granting gay and lesbian couples the right to form civil unions, which grant most of the legal rights of marriage but not the title.
Even though this decision did not immediately lead to the legalization of gay marriage in that state (the case was sent back to a lower court for further consideration), it did spark a nationwide backlash. Over the next decade, legislatures in more than 40 states passed what are generally known as Defense of Marriage Acts (DOMAs), which define marriage solely as a union between a man and a woman. While a few of these laws have been struck down, 36 states still have DOMAs on the books. In addition, in 1996 the U.S. Congress passed, and President Bill Clinton signed, a federal DOMA statute that, for purposes of federal law, defines marriage as a union between a man and a woman. The statute also asserts that no state can be forced to legally recognize a same-sex marriage performed in another state. The enactment of a federal DOMA is significant since the federal protections and benefits conferred by marriage are stipulated in over 1,000 laws and policies, including Social Security, family medical leave and federal taxation and immigration policies.
In the late 1990s, Alaska, Nebraska and Nevada amended their state constitutions to prohibit same-sex marriage. These constitutional changes were aimed at taking the issue out of the hands of judges. Conservatives, in particular, feared that without constitutional language specifically defining marriage, many judges would take it upon themselves to interpret other constitutional provisions broadly so as to allow a right to same-sex marriage.
Amid widespread efforts in many states to prevent same-sex marriage, there was at least one notable victory for gay-rights advocates during this period. In 1999, the Vermont Supreme Court ruled that gay and lesbian couples were entitled to all the rights and protections associated with marriage. However, the court left it up to the Vermont Legislature to determine how to grant these rights to same-sex couples. The following year, the legislature approved a bill granting gay and lesbian couples the right to form civil unions, which grant most of the legal rights of marriage but not the title.
No comments:
Post a Comment
There was never a good biography of a good novelist. There couldn't be. He is too many people if he's any good. To understand reality is not the same as to know about outward events. It is to perceive the essential nature of things. The best-informed man is not necessarily the wisest. Indeed there is a danger that precisely in the multiplicity of his knowledge he will lose sight of what is essential.
Thanks for your comment