DOMA Argumentative Essay

Since the 1970’s same sex marriages have been a controversial topic within federal, state and local authorities. Until recently, the federal law classified marriage as a union between a man and a woman, however, on the state level, marriage is primarily governed by state laws for purposes such as taxes and other federal matters (family.findlaw.com). In 1996, The Defense of Marriage Act (DOMA) was passed, allowing states to refuse same sex marriages, thus, denying couples of benefits such as insurance benefits, social security survivor benefits, joint tax returns and bankruptcy, as it was considered unconstitutional (DOMA, 1996). Although the DOMA was created in order to prevent same sex marriages, the DOMA was struck down after the court’s …show more content…
Soon after this, other states, one by one, passed similar laws and by 2010, five states and one federal district recognized same sex marriages. As of late 2014, there are more than thirty states and the District of Columbia that have recognized and passed laws to support same sex marriages …show more content…
Since federalism is based on a government of rules and institutions that govern shared responsibilities between both the federal and state government, the system itself considers sovereignty to be constitutional. Despite the tremendous increase in supporters of same sex marriages there are positive and negative sides to each. From the couple’s perspective, the right to marry may not specifically be about the ceremony itself, but rather the right to access the extensive benefits and legal protection that are offered to legally married couples. On the state and local levels, this could substantially affect the employer’s decisions to accommodate and provide health coverage (Dunning,