Same sex marriage a federal duty.

Topics: Same-sex marriage, Marriage, Homosexuality Pages: 6 (2375 words) Published: December 21, 2013
Same sex marriage a federal duty.
Same sex marriage has been a debatable issue in the United States for many decades now, but just in 1993, Baehr v. Miike, a legal case of three same-sex couples decided by The Supreme Court of Hawaii, alarmed the nation when ruled that a ban on same sex marriage constituted discrimination based on sex. During that time, no one state allowed same-sex marriage but all of them recognized marriages from each other. Thus, if back then with Baehr v. Miike case, Hawaii had recognized same sex marriage, other states would have had recognized it too. It was then, as an immediate response to the Hawaiian case, the creation of The Defense of Marriage Act (DOMA), an Act that was passed by the federal government in 1996 and was shaped “To define and protect the institution of marriage.” (H. R. 3396 1996) which declared that no state would be obligated to recognize same-sex marriage from another state, as well as defined marriage as a union between one man and one woman. The Defense of Marriage Act was designed to stop an old battle gay and lesbian community has been fighting since late 60s. Despite the fact of DOMA with the definition of marriage as a union is between one and a one woman, with Minnesota being the recent one, today twelve states have approved same sex marriage. This battle of same-sex equality has been won in these states but same-sex marriage is still prohibited in almost all over the country. Same-sex couple is a reality, and real people are being hurt but this laws that discriminate them by not allowing their love to become legally recognized as of now by the federal government. Therefore, in order to end the movement of discrimination against homosexual families, same-sex marriage should become legal at the federal level. The legalization of same-sex marriage has only taken effect in a few states, consequently several legal issues emerged among the gay and lesbian community. Many states not only prohibit same-sex marriage but also deny or void any recognition of other same-sex marriages from other states. According to Steve Sanders (2012) 2 and 3 percent of Americans move to other states each year, this would mean that among those Americans some same-sex marriage couples move to. Steve Sanders (2012) questions that if any of these couples move to state that denies or void their marriage, the legalization of their union would be null. For these couples, legally divorce is not an option in such states and property, heritage rights, financial plans, medical, and children rights are at risk. When marriages have children, recognition of their institution is very important to these children and their parents. Imagine what happens to a same–sex couple that has the equal right over a child in whatever state they got married, and then for any reason any this couple moves to a state whereas same-sex-marriage is not legal, their parental rights are not valid any more. If one of the parents is the biological one the other parent will not have parenting rights over the child in such state, it can’t make medical decisions for example, and if ever separated, it will not have any right to child visitation. For this family, marriage didn’t mean the same as heterosexual marriages, whom can freely move to any state without the fear of not being able to protect their children under any circumstances. Another issue to take to consideration about same-sex marriage not being recognized in all states is that if a married same-sex couple moves to a state whereas their marriage is not legal, their hospital visitation rights will be violated in many hospitals. Because of that issue, in 2011, The Department of Health & Human Services, after President Obama mandated changes, enhanced hospital visitation rights for same-sex couples. This change ruled applied to hospitals participating in the Medicare and Medicaid programs. The case of Janice Langbehn, whom was separated from her partner Lisa Pond while...
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