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In an interview with The New Yorker’s Jeffrey Toobin, President Obama has for the first time announced he believes the U.S. Constitution guarantees same-sex couples the right to marry in all fifty states. This is a stark progression from the President’s previous position, which to allow each state to decide the issue individually. President Obama told Toobin, “Ultimately, I think the Equal Protection Clause does guarantee same-sex marriage in all fifty states.”
“The President’s position on marriage equality is supported by dozens of federal court rulings over the last year, which have ruled discriminatory state bans on marriage unconstitutional,” said Human Rights Campaign President Chad Griffin.
The role of states
In the United States, civil marriage is governed by state law. Each state is free to set the conditions for a valid marriage, subject to limits set by the state's own constitution and the U.S. Constitution. Traditionally, a marriage was considered valid if the requirements of the marriage law of the state where the marriage took place were fulfilled. (First Restatement of Conflicts on Marriage and Legitimacy s.121 (1934)). However, a state can refuse to recognize a marriage if the marriage violates a strong public policy of the state, even if the marriage was legal in the state where it was performed. (Restatement (Second) Of Conflict of Laws § 283(2) (1971).) States historically exercised this "public policy exception" by refusing to recognize out-of-state polygamous marriages, underage marriages, incestuous marriages, and interracial marriages. Following these precedents, nearly all courts that have addressed the issue have held that states with laws defining marriage as a one man, one woman union can refuse to recognize same-sex marriages that were legally performed elsewhere.
Same-sex marriage is currently legal in several US States. In 2003 and 2008 respectively, the Massachusetts and California Supreme courts ruled in Goodridge v. Department of Public Health and In Re Marriage Cases that the states' constitutions required the state to permit same-sex marriage.
The Massachusetts decision could be reversed by an amendment to the state constitution; to date, no such amendment has successfully been passed in Massachusetts. On June 2, the California Marriage Protection Act qualified for the 2008 General Election ballot. Voted into law on Nov 4, 2008, it amended the California Constitution to provide that "Only marriage between a man and a woman is valid or recognized in California"; this was found to be unconstitutional. Several other states including Illinois, Oregon, Nevada, Colorado, Delaware, and Wisconsin allow same-sex couples to enter into civil unions or domestic partnerships that provide some of the rights and responsibilities of marriage under state law. Thirty states have passed state constitutional amendments defining marriage as being between one man and one woman.
The Federal Marriage Amendment (FMA) (also referred to by proponents as the Marriage Protection Amendment) is a proposed amendment to the United States Constitution which would limit marriage in the United States to unions of one man and one woman. The FMA would also prevent judicial extension of marriage rights to same-sex or other unmarried heterosexual couples.
Congress passed the Defense of Marriage Act (DOMA), section 3 of which defined marriage as a legal union of one man and one woman for the purpose of interpreting federal law. Under DOMA section 3, the federal government did not recognize same-sex marriages, even if those unions were recognized by state law. For example, members of a same-sex couple legally married in Massachusetts could not file joint federal income tax returns even if they filed joint state income tax returns. DOMA section 3 was struck down by the U.S. Supreme Court in U.S. v. Windsor on June 26, 2013.
originally posted by: bigfatfurrytexan
The issue is that marriage has been the realm of the chirches, not the government. That is the issue. The government needs to establish that marriage is a legal union, not a religious one.
There is suppose to be a separation of church and state. I guess excepting marriage, that is.
originally posted by: American-philosopher
LGBTQ? I don't know what half those letters stand for. But I think we cater to way to many groups in this country. South Park recently had one of the funniest skits on this.