History of Same-Sex Marriage in the United States (Research Paper Sample)

History of Same-Sex Marriage in the United States
Name
Course
Instructor
Date
Abstract
This is a paper that critically presents a discussion on the history of the same sex in the United States. Evidently through research, same-sex marriage in the United States has a short history which is highly controversial. The issues of same-sex marriage initially came to public awareness in the year 1993. This occurred following the case witnessed at Hawaii. In this case, Judges discovered that the state's constitution needed a persuasive explanation not to broaden to gays equivalent marriage rights. With reference to other studies, the marriage of same-sex in this nation is not documented by the  HYPERLINK "http://en.wikipedia.org/wiki/Federal_government_of_the_United_States" \o "Federal government of the United States" federal government. Nevertheless, such marriages are acknowledged by some person states as we shall note in the course of the discussion. The legalization of these types of marriages has been attained by legislative action and court rulings.
Introduction
Debate over the description of matrimony, and whether matrimony should take account of partners of the same sex, has turned being the most remarkable social issues of the present age group. Such debate is playing out in churches, politics, and more and more in legislative bodies and court systems. Based on this front-burner, “civilization wars” subject, courts have been questioned to discover traditional meanings of matrimony infringe concepts of equivalent defense and substantive due procedure. That is been the case understanding the historical background of these efforts is indispensable to be aware of where things are nowadays and what the prospect might hold. In that sense, this is where the subject gets muggy. The following discussion critically presents a concise review of the “history of same-sex marriage in the United States” from a broad perception.
History of Same-Sex Marriage in the United States
State legislatures in the United States are recognized to have been profoundly concerned when it comes to describing the issue concerning same-sex marriages. The major concerns in such public debates have been on the focus whether marriage should be restricted to woman and man or persons of the identical sex. [1] Without a shred of doubt, this issue has been argued for a number of years and still remains being one of the recent debates with controversy in the nation up to the moment. According to different studies, the issue concerning same sex marriage in US is somewhat short, but full of disagreement. Nevertheless, public unions have been in existence in some type or another ever since medieval Europe, and so this is another explanation behind the occurrence of the same-sex marriages in this nation. Evidently, there is a main disparity between a public union and a marriage.
The issue concerning same sex marriage domed to the nation’s interest back in the year 1993. This was during Hawaii court case of Lewin v Baehr. In this court proceeding, the judges declared that the state would require giving an undeniable disagreement or explanation in support of why people of the same sex should not be officially permitted to have the right to get married the same as heterosexual partners. [1] The occurrence of this court case sparked the establishment and passage of Defense Marriage Act back in the year 1996.
This marked the initial act to talk in relation to the issue concerning same-sex marriage and rule in the long run. For the sake of the federal law, the Act declared that marriage was only doable for people of different sex that is man and woman. [1] Despite the fact that the Defense of Marriage Act slowed down the brawl for the same sex marriage, the subject reared its head once more a small number of years later. Back in the year 1999, the Vermont Supreme Court declared that the state required giving the officially authorized advantages of marriage so the same sex partners.
Following a year later, Vermont legislature developed civil unions in an effort to provide the same sex partners the same rights to heterosexual partners. Back in the year 2003, a ruling of Massachusetts Supreme Court declared that gays had remarkably similar rights of marriage the same as heterosexuals. One year later, the same Court declared that public unions would not accomplish this previous resolution. [1] Worth to mention, it was during May 2004 that Massachusetts turned out being the initial state in the unification to endorse the same sex marriage.
Connecticut in a little while accepted gay marriage, and during the year 2008, California followed suit. Nonetheless, in November 2008, the situation was inverted with the declaration of Proposition 8. In that case, the concern is still on the debate in the courts. [1] In spite of the fact that ten other, different states have agreed to homosexual couples equal rights, either through civil unions or the same sex marriages, other 27 states have passed laws and acts with the intention to forbid gay marriage in the long run. 
Most outstandingly, this explanation clearly proves that the State legislatures all over this country are distinguished for been enormously occupied. This is especially when it comes to addressing issues related to the same sex marriages in the country. [2] The key concerns in such public debates have been carried significantly. This is with the aim to determine whether marriage should be restricted to the person of the same sex or between a woman and man.
These legislatures are acknowledged to have comprehensively gone both ways in relation to the issues pertaining to marriage of the same sex. [2] Some of the legislatures have gone the step of endorsing regulations and constitutional provisions. This is towards preserving marriages, whilst other legislatures have agreed to laws that consent to individuals of the equivalent sex to get married.
Statistics on the modern research justify that over 38 states in this nation are recognized for adopting regulations that make illegal marriage of the same sex. To some extent, this has been enhanced through the adoption of what is commonly regarded as “defense of marriage” requirements in their constitutions. [2] It is across the world acknowledged that marriage means an officially authorized union between one woman and man. They are thus acknowledged as wife and husband.
Other parts of the states are also recognized to forbid the same sex marriages and gender. Looking at the twenty states of the United States, they have placed this language in relation to their state constitutions. An extra ten states have governmental language that adopts the preventive language. [2] This does not take account of Washington and Maryland as during the start of this year that is 2012, they adopted regulations that permitted the same sex marriages.
At present, there are as well six states and the District of Columbia that are known to authorize marriage by individuals of the same sex. The uppermost courts in Massachusetts, Connecticut and Iowa declared that the states establishment does consent to the same sex couples to be awarded equivalent rights as those of the opposite sex. [2] Looking at DC, New York, Vermont, and New Hampshire, their legislative elements are acknowledged to have passed legislative alterations permitting the same sex marriage. Such states are well-known to carry out equivalent sex marriages. That is been the case marriages between people of the same sex in this country are found in some states, whilst in other states the practice is never allowed or practiced.
From a historical perspective in the United States, there is an existing disagreement that denies gay partners from getting married as a violation of the Religious liberty. This has considerably led for it to be acknowledged that civil and religious marriages are two separate institutions. All main religions think in relation to gay marriage being a sin. [2] The First Amendment of the Constitution unmistakably states that an individual’s religious analysis or lack of them should be defended.
Marriage, be it in the form of state is as a result, a secular activity and the regime should not begin making regulations since the religion declares that they should. [2] Through looking at the history of the same sex, one can deduce that marriage to present, the issue remains being controversial and talked for innumerable reasons. To some extent and through the declaration of some courts, the same sex marriage partners are worthy to enjoy the benefits just like the other marital couples do enjoy. [2] However, the whole issue becomes more complicated when other courts do not permit the same sex couples to enjoy their benefits in terms of marriage like the other marital partners. In that manner, there is an existing controversy as far as marriage of the same sex is concerned.
Some of the states and courts that agree to the same sex marriage provide or consent to benefits similar to joint ownership and having the decision making capacity. All in all, marriage in the United States is considered being more than just a legal status. [3] In its implication, marriage is identified to have an influence in relation to tax, ownership of property, benefits from the insurance, and agency laws. It can also affect critical medical decisions. Medical decision may include when an individual has been incapacitated or needs a certain surgery.
The surge in opposition to same-sex marriage has not been restricted to the courts. State legislatures and congress have vehemently required turning back endangered judicial activity with the designation of marriage. Subsequent to the Hawaii Supreme Court's judgment in Baehr, Congress acted in response in 1996 with the Defense of Marriage Act. [HYPERLINK \l "D...