Abstract

In this study, we try to explore the concept of “Same-Sex Marriage” in a holistic context. The main focus of the research is on “Same-Sex Marriage”. The research also analyzes many aspects of “Same-Sex Marriage” and tries to gauge its effect on “Society”. Finally, the research describes various factors which are responsible for “Same-Sex Marriage” and tries to describe the overall effect of “Same-Sex Marriage” on “Society”.

Table of Contents

Introduction1

Discussion and Analysis1

Conclusion5

Same-Sex Marriage

Introduction

Same-sex marriage is the union of two people of same sex which is authorized by the state. Same-sex marriage had been a significant issue in American law and politics since the early 1990s, when the Supreme Court of Hawaii in Baehr v. Lewin (1993) declared that the denial of marriage licenses to same-sex couples was a form of sex discrimination and in violation of the state's constitution. Hawaii and other states responded with a popular referendum that amended the state's constitution to define marriage as the legal union between a man and a woman.

Same-sex marriage differs from civil unions and domestic partnerships. Domestic partnership refers to policies passed by private businesses, local or state governments, and universities that provide legal protections such as health insurance benefits for same-sex couples and unmarried heterosexual couples. However, it does not provide constitutional rights such as a guarantee to due process, marriage as a fundamental right, freedom of association, and the legal to equal protection. Some domestic partner benefits require that the employed partner pay taxes on the dependent partner's benefits.

Discussion and Analysis

Just as, discussion about same-sex marriages are premised upon people's beliefs, attitudes, values, and experiences with homosexuality, so too are the discussions premised upon people's cultural definitions of marriage. What distinguishes the same-sex marriage controversy from other gay rights issues is the idea of marriage, both in its literal definition and its different connotations. For some participants, the meaning of marriage is central to discussions about same-sex marriage.

Patrick J. Kennedy once said, “I see the policy of opposing same-sex marriages or unions, whatever you call it, as bigotry or discrimination”. The Hawaii court decision sparked a maelstrom of cultural controversy and led to concern that courts in other states would challenge the heterosexual basis of marriage. Politically, same-sex marriage emerged as an important issue at the federal level with the 1996 Defense of Marriage Act (DOMA), which was passed by an overwhelming majority in Congress and signed into law by President Bill Clinton. The law declared that the federal government may not recognize same-sex marriages for any purpose, and that no state can be compelled to recognize a same-sex marriage even if performed in another state. (The act also clarified that polygamous marriages would not be recognized.) As of 2007, forty-two states had passed a law or constitutional amendment restricting marriage to heterosexual unions. Several states also passed “SuperDOMAs,” denying recognition not only of same-sex marriages but also of civil unions and domestic partnerships (Sullivan, 67).

The debate was briefly rekindled in 1999 when Vermont's Supreme Court declared that denying marriage licenses to ...