MARRIAGE EQUALITY

SOME BACK GROUND INFO

• United States vs Windsor

Edith Windsor is the widow and sole executor of the estate of her late spouse, Thea Clara Spyer, who died in 2009. The two were married in Toronto, Canada, in 2007, and their marriage was recognized by New York state law. Thea Spyer left her estate to her spouse, and because their marriage was not recognized by federal law, the government imposed $363,000 in taxes. Had their marriage been recognized, the estate would have qualified for a marital exemption, and no taxes would have been imposed.

On November 9, 2010 Windsor filed suit in district court seeking a declaration that the Defense of Marriage Act was unconstitutional. At the time the suit was filed, the government’s position was that DOMA must be defended. On February 23, 2011, the President and the Attorney General announced that they would not defend DOMA. On April 18, 2011, the Bipartisan Legal Advisory Group of the House of Representatives filed a petition to intervene in defense of DOMA and motioned to dismiss the case. The district court denied the motion, and later held that DOMA was unconstitutional. The U.S. Court of Appeals for the Second Circuit affirmed.

Decision: 5 votes for Windsor, 4 vote(s) against
Legal provision: Fifth Amendment

The fifth amendment:
An amendment to the US Constitution that provides for due process of law where the government is seeking to deprive a person of life, liberty, or property; provides for Grand Jury proceedings for certain serious offenses; prohibits the government from trying a person again after that person has been acquitted; prohibits the government from forcing a defendant to testify against himself or herself; and prohibits government confiscation of private property for public use without just compensation to the property owner.

SO WHATS THE ISSUE HERE❔

• Congress established the Defense of Marriage Act
• "....the word 'marriage' means only a legal union between one man
• and one woman as husband and wife, the word 'spouse'
• refers only to a person of the opposite sex who is husband or wife."

WHO DOES THIS INVOLVE❔

• Federal government
• State governments
• People who support equality in marriage
• Same sex couples that want to marry & receive marriage benefits

HISTORY
As far back as recorded history goes, there have been same-sex unions. It is pretty recent for legal marriages or civil unions to occur, however, due to different social conventions and religious beliefs.
In ancient Greek and Roman times, same-sex marriages were widely accepted until Christianity became the official religion of the Roman Empire. Ancient Chinese and Mesopotamian cultures also accepted and even performed same-sex unions.

HOW IS THIS RELEVANT TODAY.
In the Americas, native societies, partners of the same gender received a blessing.
The United States has generally been less progressive than Western European countries and Canada in terms of allowing same-sex unions and marriage.
During the 19th century, two women who made a long-term commitment to each other and co-habituated were referred to as entering a “Boston Marriage;”although not presumed to be a sexual relationship by most people. In 1970, the Metropolitan Community Church filed the first ever lawsuit seeking legal recognition of same-sex marriages.

HOW IS THIS RELEVANT TODAY❔

• BREAKING: Supreme Court Will Consider Marriage Equality
• =BIG WIN the justices will consider four cases from Michigan, Ohio, Kentucky
• and Tennessee, consolidated and heard together.

TOP 5 ARGUMENTS

• For - If same-sex couples can’t marry because they
• cant reproduce, then why can infertile couples marry?
• Against - Marriage is intended only for procreation

TOP 5 ARGUMENTS

• For - Opposition to same-sex marriage is based on bigotry,
• homophobia, and religious hatred. Shouldn't we all be accepting?
• Against - It's against my religion and not part of God's
• original intent.

TOP 5 ARGUMENTS

• For - same sex marriage will not lead to redefinitions and
• everyone has the right to marry whoever they want.
• Against - it will lead to marriages involving animals, siblings,
• children, or even groups of people.

TOP 5 ARGUMENTS

• For - Children will not be affected since there is no difference between
• same-sex parents and opposite-sex parents.
• Against - it will harm the children and the sanctity of matrimony.

TOP 5 ARGUMENTS

• For - same sex marriage is the majority opinion in 36/50 states.
• Against - states have the right to oppose it.

SO WHATS THE DELAY HERE❔

• Delay is mainly because there is still quite a vast number of people who do not agree.
• DOMA has helped with this delay because states as a whole have the ability to
• reject same sex marriage. On the other hand,
• As of Jan. 6, 2015, gay marriage has been legalized in 36 US states
• So over half of our states have chosen to support gay marriage.

SO WHATS THE DELAY HERE❔

• The movement is slowly gathering more states as well because more and more
• people are pushing for equality.
• In order for same sex marriage to be nation wide, all 50 states must approve.
• This is completely possible! The idea of Marriage is changing.

OPINION-
marriage is an inherent human right and it is a form of discrimination to deny someone the right to love. Someone's relationship, homosexual OR heterosexual, has no effect on anyone than those two people in the relationship. That being said, if you don't like same sex marriages, don't have one. This country is not a theocracy, and the freedom to religion cannot threaten the freedom of individual rights. Not only does marriage constitute a bond, but also has many financial benefits that homosexual couples are missing out on.

IN CONCLUSION

• States have the ultimate pressure of legalizing gay marriage.
• If all 50 states choose to legalize gay marriage then it can become uniform nation wide.
• This issue should be addressed by the federal government because of the 5th amendment.