Marriage Law The Legal Union Of A Couple As Spouses

Marriage is defined as the legal union of a couple as spouses. The elements of marriage include: (1) the parties legal ability to marry each other, (2) mutual consent of the parties and (3) a marriage contract as required by law. (Legal Information Institute, 2014, n.d.). In the United States, marriage law is regulated by the individual state. Standards such as age, residency, relation, mental capacity, and gender are requirements regulated on a state-by-state basis. Until recent changes, the Defense of Marriage Act (DOMA) defined marriage as â€Å"only a legal union between one man and one woman as husband and wife† (1 U.S.C.  § 7). President Clinton established DOMA in 1996 as a definition for marriage for federal law purposes. With gay rights on the forefront of many conversations and headlines in the recent years, there is a large push for change in the laws that apply to marriage. I personally believe that all people should have the right to marry regardless of sexual orientation, and I think as a country we are heading in the right direction for that to happen. DOMA’s definition for marriage remained in effect until recently when the US Supreme Court declared DOMA unconstitutional in United States v. Windsor. Plaintiff Eidth Windsor and wife Spyer were in a single-sex marriage when Spyer died in 2009 and left her estate to her spouse. Although New York state law recognized their marriage, the federal law did not, so Windsor was denied spousal deduction for federal estateShow MoreRelatedGay Marriage Should Be Legal in All States1632 Words   |  7 PagesUnited States for decades has been Gay Marriage. Whether same-sex couples should be given the right to marry or even if same-sex couples should be given rights at all, this has been a contentious discussion which creates division and disunity throughout the country. The Supreme Court of the United States ruled that the Constitution guarantees a right to same-sex marriage. Gay marriage has been legalized in 17 states. But only 19 of 194 countries allow for gay marriage. Statistics show more than half theRead MoreSame-Sex Marriage1478 Words   |  6 Pagesï » ¿ Same-Sex Marriage: The Problems with DOMA and the Pursuit for Equality Believe it or not, same-sex marriage has been around since ancient times. At least two Roman Emperors, Nero and Elagabalus, were in gay unions. It wasn’t until the advent of Christianity that the practice of same sex marriage was out-lawed by the emperors Constantius II and Constans in 342 AD and has continued to be through-out most of the world until the twenty-first century (Boswell 83). With the advent of gay rightsRead MoreMarriage Benefits vs. Civil Union Benefits What is the difference between marriage and civil700 Words   |  3 PagesMarriage Benefits vs. Civil Union Benefits What is the difference between marriage and civil unions? There are many differences, mostly consisting of the benefits that married couples get that couples in civil unions do not receive. Marriage is different for homosexual and heterosexual couples. Even when homosexuals are married they do not receive the same benefits as heterosexual married couples. What if couples in a civil union could have the same benefits as a married couple? When heterosexualRead MoreGay Marriage Will Harm Children Essay1227 Words   |  5 PagesThe Supreme Court of the United States recently ruled that the Constitution guarantees a right to same-sex marriage. Yet, same-sex marriage continues to be a highly debated issue. If same-sex couples are allowed to marry they will hurt heterosexuals. If they are denied this right, then they are hurt. If it is something we have to recognize is that marrying same-sex persons represents itself as a social experiment that never has been experimented, including by societies that fomented the homosexualityRead MoreLegalization of Same-Sex Marriage1446 Words   |  6 Pages Imagine that your spouse was suffering from a terminal illness and one was charged with deciding with whether life-saving measures would be continued or ended. This decision is not one that is made lightly, but for homosexual couples, it isnt one that is often afforded. Now that being homosexual is becoming socially accepted, hom osexuals are demanding the same rights and benefits as others (The Gay Rights Movement). Many homosexual Americans believe that they are being excluded from â€Å"one of theRead MoreSame Sex Marriage Is A Controversial Point For The People Of The United States1316 Words   |  6 PagesStates. As of June 2015, legal marriage is now the constitutional right of all Americans regardless of their sexual orientation or in which state they reside. Although it is now recognized as a fundamental right for all citizens across our country, same-sex marriage is still a large controversy for many in our country. The Supreme Court itself shows this with the fact that the decision came down to a 5-4 voting split in favor of allowing same sex marriages. Marriage is now and always will beRead MoreIn Pro of Same-Sex Marriage1009 Words   |  5 Pages Homosexual couples have had to endure much due to them not only being a minority, but also being declared illegal. I believe that homosexual marr iage should be legal in Georgia. To delve into an issue as divisive as this, understanding why it is illegal in the first place is in order. In 1996 the United States Congress passed DOMA, the Defense of Marriage Act, into law. This law was made in order to define what marriage means when writing laws. The Defense of Marriage Act states â€Å"†¦ The word â€Å"marriage†Read MoreEssay on Recognizing Same-Sex Marriage1565 Words   |  7 PagesSame-Sex Marriage Same-sex marriage is a huge controversy between Americans across the Country. In thirty-three states marriage is defined as a â€Å"union between a man and a woman†. For seventeen states in the U.S. this definition has been changed because every citizen should be treated equally according to the constitution and this also violates the Equal Protection Clause. It became possible for people of the same-sex to marry when it was stated to be unconstitutional. Denying marriage is denyingRead MoreDefining Legal Marriage in America745 Words   |  3 PagesAmerican Marriage From a historical perspective, marriages have always been recognized as important to the security and future of a state (Brake, 2012). Procreation created a labor force and armies, while family units were an efficient method for creating good citizens. For this reason, governments throughout human history have sought to legally sanction and protect marriage in its various forms, as long as the goals of marriage aligned with the goals of the state. In the United States, marriage priorRead MoreSame Sex Marriage Debate785 Words   |  4 Pages The gay marriage debate is complex, to say the least. Bitter, emotional, and controversial are just a few words that can be used to describe it. In 2004, Massachusetts became the first state to legalize same sex marriage; since then twelve states have approved gay marriage (Shapiro). Even though some states have decided to legalize same sex marriage others are standing firm on constitutional amendments that ban it. Deciding whether or not gay couples should be allowed to marry is drawing passion