Argumentative Essay On Same Sex Marriage

Improved Essays
Although the marriage lacks a universal definition but marriage has always been defined traditionally and historically as a union of a ‘man’ and ‘woman’ to fulfill the purpose of procreation. Almost all definitions of marriage have one common thing that is the union between ‘a man and woman’. This is the reason that the unions between two men or two women have not been considered marriage in history. The same sex marriages involve a committed relationship and sharing of responsibilities and rights between spouses. The Federal law of America defined marriage as a union of a man and a woman and this definition was confirmed by the Defence of Marriage Act (DOMA). According to CNN, same-sex marriage is still not legal in 15 states (Same-sex …show more content…
Although the headlines at that time stated that DOMA was over turned but the reality was far different from it. Actually only the section 3 of DOMA was found unconstitutional while section 2 gave birth to a question if it was mandatory for states to recognize marriages as legal from other states (Baude, 150). The federal court answered this question as a yes (Baude, 150). Moreover, the same-sex couples were now entitled to the federal spousal benefits. It was also made clear that the same-sex couples would be able to enjoy these benefits no matter where they are living. A legally married couple living in a state which does not approve same-sex marriage must recognize their marriage on the basis of the state where they got married (The Genius Way). Additionally, this decision has many legal implications. For example if one of the spouses of a qualified same-sex couple is earning higher than the other than both of them can file jointly for income tax returns. They can also get qualified for combine dental and medical expenses if they fall under the limits of adjusted gross income. In case of alimony, the same-sex spouse who would be paying the payments on his tax returns would be deductible while the other one receiving the payments would report them as income. For the legal same-sex couples, the assets can be transferred now from one spouse to the other without gift taxes and can also be inherited from the deceased to the living spouse without paying estate tax. The immigration opportunities can also be availed by same-sex couples (Cassel et

Related Documents

  • Great Essays

    The concept of what defines a marriage has highly been disputed over the past century. In 1996, the U.S. government passed the Defense of Marriage Act (DOMA), which defined marriage as the union of one woman and one man, and allowed states to ignore same-sex marriages granted in other states. This federal law stood until June 26, 2015 with the case Obergefell v. Hodges, where the U.S. Supreme Court ruled 5-4 stating that no state can deny a same-sex couple the right to marriage. The court’s official opinion states,”[t]he right of same-sex couples to marry is part of the liberty promised by the Fourteenth Amendment [and] is fundamental under the Due Process Clause.” Why did it take nearly twenty years for the court to synthesize the current…

    • 1783 Words
    • 8 Pages
    Great Essays
  • Improved Essays

    During the debates over the Reconstruction amendments, I was particularly interested in the controversy about the ambiguous compromise of rights that the 14th amendment declared to protect with its Equal Protection Clause. Equality is difficult to define with the various interpretations in precedent and it has proven to still be a continued controversy today. More specifically, the controversy that has persisted is the issue of whether the State or Federal government would be the ones to decide who would protect equality and define it. The controversial views over equality in accordance to the 14th amendment persisted in the cases of Plessy and the political equality over social equality.…

    • 1214 Words
    • 5 Pages
    Improved Essays
  • Superior Essays

    Using the Hawaii Supreme Court’s decision can count as a satisfactory point in which the law to discuss became into being. While the history goes back much farther in this case, prior to 1991, the final decision by the court begins in 1993, where they found it unconstitutional for the state of Hawaii to deny same-sex couples the right to marry (Baehr v. Lewin, 1993). In this instance, the Hawaii Supreme Court relied on a perspective of equal protection, rather than due process, to justify their decision in this matter. Shortly thereafter, the case is remanded to the trial court, to allow the state time and an opportunity to establish its reasons as to why they can deny same-sex couples marriage licenses, which the state delayed until 1996…

    • 1357 Words
    • 6 Pages
    Superior Essays
  • Superior Essays

    The Supreme Court in Obergefell v Hodges, with a 5-4 decision held that all states were required to grant same-sex marriages and recognize those marriages from other states. This ruling struck down laws in Kentucky, Michigan, Ohio, and Tennessee. With this meteoric change in public opinion there are still many questions to be addressed. There have already been those who are crying “judicial tyranny” in an effort for public officials to refuse to abide by this ruling.…

    • 1021 Words
    • 5 Pages
    Superior Essays
  • Superior Essays

    For many years, gay marriage has been seen as something that is taboo or immoral, but as United States society has come to be more accepting, gay marriage has become a regular occurrence. On June 26, 2015, American society changed forever when the ruling in favor of the plaintiff in the Obergefell v. Hodges case legalized homosexual marriage in the United States. Many people have opposed the marriage of two men or two women for religious purposes. However, many people also support said marriage, reasoning that love is love no matter the gender of the individuals getting married. The ruling made nine months ago has effected people of all sexualities and religious affiliations.…

    • 1485 Words
    • 6 Pages
    Superior Essays
  • Great Essays

    Religion Pros And Cons

    • 1300 Words
    • 6 Pages

    The Bill of Rights is an invaluable component to the American way of life. Reevaluated in order to protect individual rights neglected in the Constitution, it is composed of the first ten amendments, the first of which establishes religious freedom. The first amendment states then, that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof…” This means that American citizens hold the right to practice any religious belief and rituals. In addition, the first amendment not only prohibits the United States government from instituting its official religion, but also bans government actions that unfairly favor a religion over another.…

    • 1300 Words
    • 6 Pages
    Great Essays
  • Improved Essays

    What Amendment was in question in this case and what does that Amendment say (do not quote the amendment, explain the parts that apply to this case)? (5 points) The Amendment that was in question was the Fourteenth Amendment. The Fourteenth Amendment states equal protection to all United States citizens under the equal protection clause.…

    • 1340 Words
    • 6 Pages
    Improved Essays
  • Decent Essays

    In 2015 The Supreme Court ruled that states must allow same sex marriages, this was a huge victory for same sex couples. This is what they were fighting for this whole time but unfortunately there came a little bit of opposition from some Texan officials trying to overturn the ruling. So far same sex couples can still be married in Texas but unfortunately that could change. The Texas Constitution in Article 1 Section 32 says, “Marriage in this state shall consist only of the union of one man and one woman” (Texas Constitution). This of course goes against the Supreme Court ruling and people can get married in Texas.…

    • 352 Words
    • 2 Pages
    Decent Essays
  • Great Essays

    Perspective On Marriage

    • 1018 Words
    • 5 Pages

    Perspective Paper Perspective, it is a way of viewing something; a point of view. Many have their own way of viewing events or certain topics. Some views tend to clash and lead to arguments, debates, trials and the production of articles. Popular topics, which will be discussed, show how perspectives clash. These topics are Gun Control and gay marriage.…

    • 1018 Words
    • 5 Pages
    Great Essays
  • Improved Essays

    Same-sex marriage (SSM) is the controversial issues in this modern world. The traditional belief of marriage has been the recognized as a social union between men and women. The union of marriage represents the function to the procreation of humankind, personal and social identity, sexual intercourse, and socialization. The article explains that how elite policy preferences, the general public, and the gay people themselves have actively involved with for and against in the legalization of SSM.…

    • 1871 Words
    • 8 Pages
    Improved Essays
  • Improved Essays

    Same-sex marriages has been an acceptable practice since 2001 when Netherlands and although not very well known it has been an accepted practice in a few U.S. states as early as 1975 when a Boulder, Colorado clerk issued a marriage license to a same-sex couple (Lahey & Anderson, 2004). It is a well-known and accepted fact that marriage for centuries have been defined as being between a man and a woman; however, over the years same-sex couples have fought diligently to receive the same legal recognition through marriage. It has been most unfortunate that legislation has been introduced to prevent this from happening. Most state introduced constitutional legislation that precluded same-sex couples from being able to exercise that right of marriage. Legislation such as the Defense of Marriage Act.…

    • 587 Words
    • 3 Pages
    Improved Essays
  • Decent Essays

    Moreover, accepting homosexual marriage as a civil right does not render the rights of those who religiously and morally oppose it, and it does not do any damage to the people outside this marriage. In fact, couples living together often have the need to receive marriage benefits and protection from the government in order to live, such as, tax relief and insurance breaks. Also, a married couple can often support each other in difficult times both financially and emotionally. The benefit of marriage to the couple is significant, and they should have equal right to be married. If homosexual marriage is legalized an increase in adoption…

    • 745 Words
    • 3 Pages
    Decent Essays
  • Superior Essays

    Hawaii became the first state to drop the ban and later in the spring of 1997 Hawaii would also be the first state to offer domestic partnership benefits to same-sex couples. After this, legislation was passed in different states that declared the basis of marriage to be procreation. This meant several states placed a ban on same-sex marriage. Nevertheless, Alaska followed Hawaii’s lead with its own approval of gay marriage in 1998 (Goldburg-Hiller). Many states would proceed to go back and forth on whether or not to allow marriage between people of the same sex until finally on June 26, 2015 the Supreme Court declared banning gay marriage as unconstitutional, therefore legalizing it in all states across the country…

    • 1377 Words
    • 6 Pages
    Superior Essays
  • Superior Essays

    Why? Being gay is natural. Sure, moral fundamentalists may think it is a sin, but who are they to deny rights to those who are doing something that is just as right as a man loving a woman? Gays couples can be models of family life, offering just as much love and support for children as hetersexual couples. Gender should not be covered by marriage law, as the constitution protects US citizens from gender discrimination.…

    • 1575 Words
    • 7 Pages
    Superior Essays
  • Improved Essays

    There are laws that a for the LGBT community and there are laws against the LGBT community. When one law is made there is always a new one to repel the old ones. Some laws such as the Defense of Marriage Act in 1996 lets the government treat same sex couples like they are not even married. Other laws make same sex couples pay heavy taxes and same sex couples are not allowed to have marriage benefits like opposite sex couples. An example of these taxes is about “Windsor [who] got bitter news later in the form of federal and New York estate tax bills totaling $600,000 that would not have been levied on an opposite-sex couple” (Jost).…

    • 999 Words
    • 4 Pages
    Improved Essays