In the United States, members of sexual minorities began to fight for the right of marriage to each other in the 1970s, which evolved with the wave of mass movements for civil rights of racial minorities. This idea, which was originally categorically rejected by American society, gradually acquired the right to life. In 2002, after the European Court of Human Rights called for the registration of marriages of transsexuals in the United States, a new wave of debate and litigation, this time centered on the acceptance of homosexual marriages and their compliance with the Constitution of the United States. In 2000, Vermont became the first U.S. state to allow creation of civil unions between gays and lesbians. The desire of creating the family is one of the strongest among mankind. A lot of hopes come with the new changes added by the U.S. Supreme Court, to the Defense of Marriage Act (DOMA), which are aimed at removing inconveniences and providing the social benefits to the transsexual spouses that they were deprived of. The movement for gaining the same rights as regular couples is involving more and more attention from the publicity and with the new DOMA amendments – the situation seems to be stabilizing and beneficial, for the gay couples. Moreover, these changes will influence more than 1,000 federal bodies and regulations. However, the step towards admitting this social phenomenon as legal relationship between the same-sex couples has been made, couple issues are still unclear: what benefits will same-sex couples receive and whether they will be granted in the states, which do not recognize such legal relationships. But, according to the Supreme Court’s decision- the federal government is obliged to recognize gay marriages. At the same time it does not mean that all gay and lesbian couples have the freedom to proclaim their relationship legal. It still does depend on the state they reside in and state’s views towards the same-sex relationship issue. As a consequence – this applies to the situation when a gay couple has successfully legalized their marriage in the state where it is allowed but other states are not obliged to recognize it. Finally, the desire of creating the family is one of the strongest among mankind. A lot of hopes come with the new changes added by the U.S. Supreme Court, to the Defense of Marriage Act (DOMA), which are aimed at removing inconveniences and providing the social benefits to the transsexual spouses that they were deprived of.
The movement for the gay rights in US starts back in the late 1960s, with the Stonewall Riots in the New York City. The law enforcement units often placed a visit to the bars and commonplaces were gay community used to gather but in our case, with the Stonewall Riots, the minorities pushed back. It resulted in days of blockades and public protests. This historical event became the base for the further gay-people movement, for gaining rights and freedoms in the United States. This wave of Stonewall Riots shortly after was supported by a number of people. A weighty proof for this fact is that the number of same-sex organizations developed into more than a thousand by 1974, from less than 50 in 1969. The gay-people rights movement in the second half of the 20th century was concentrated on gaining personal freedom and legalization of gay marriage. However, at that time the gay community was divided onto 2 parts: the first was desperately seeking for the right to get married with the beloved ones, at the same time, the second group of people were more skeptical about it, according to them, the “heterosexist” marriage process is outdated. The first well known achievement of this liberation activism was the declassifying of gay-phenomenon as a mental disease by the American Psychiatric Association back in the 1973. But the movement for granting rights and liberties to the minorities had its opponents as well. This opponent movement has increased significantly from the moment of proclamation the homosexuality as a social phenomenon, not as a mental disorder. One of the most prominent and influential opponent against gay movement for liberty and rights was Anita Bryant, a public person which is known for being a Miss Oklahoma and a singer. She found her own organization “Save Our Children” which basically stood for the prohibition of gay movement. The further development of the movement was influenced by the AIDS – it increased the discrimination against gay community, which led to the fact of reorganization of the gay people. Also, the homophobia started to spread quickly.
The nowadays national discussions on the topic of gay marriage are influenced by the Supreme Court of Hawaii’s decision which rules 3 to 1 with the decision that no state can prohibit gay marriage without the “insuperable reason” to act so. Despite the fact that Hawaii has never been a center of gay marriages, the Court’s decision has spread all over the country with the lighting speed. The DOMAs – Defense of Marriage Acts were passed in more than 40 states, which stool for the marriage protection. This law was signed by the president (Bill Clinton at that time) and this law basically outlined the act of marriage between a woman and a man. Moreover, the statue of these Acts granted that no state will have to pass the laws which recognize the gay marriage which were performed in other states. This policy ensured that the gay spouses will not receive social and federal benefits as a normal couples get. In the politics’ opinion, this measure will protect and prevent from the further development of heterosexual movement.
DOMA acts did not settle down debates on the issue of gay couples. As a direct consequence of this the Vermont Supreme Court ruled that gay couples must be granted same freedoms, protection, benefits and rights as regular couples enjoy in December, 1999. By doing so, the Vermont was proclaimed to be the first state that was loyal and did not prohibit civil unions of gay couples. Moreover, it granted the same rights to such civil unions (taxes, health benefits, protection) as the regular married spouses receive. But the key factor in it is that the state is not recognizing it as an act of marriage.
Another state that took liberal side as Vermont but went even further was Massachusetts. Its Court proclaimed that state has no right for preventing the gay couples to marry each other in November, 2003. Moreover, the state did not provide “civil unions” as the way out of the problem, as the Vermont state did, as a result – the first legally recognized gay marriage took place in Cambridge, Massachusetts on May 17, 2004, between Tanya McCloskey and Marcia Kadishm. But, even with the success that gay movement has received in 2004, the opposition movement did not declined. By 2004 4 states officially had banned same-sex marriages, moreover, additional 13 states joined this number in 2004, and between the timeframe of 2005 and 2010 – another 14 states followed such example and proclaimed veto on gay marriages, which brought the total number of states that officially ban the same-sex marriages by constitution to 30. Furthermore, the effort to add the amendment to constitution, which will ban same sex marriages took place on July 14, 2004. With the lack of only 12 votes (received 48, needed 60) the proposal was rejected as well on the level of the House of Representatives. The whole picture of the vote looked like this: 227 to 186.
Overall, the most influential and centralized state, connected with the minorities’ problems, is California. It is the largest and the most diverse state in the whole country, in terms of gay and lesbian communities. It played a significant role in the same-sex marriage debates. San Francisco’s mayor Gavin Newsom officially proclaimed the gay marriages to be legal and ordered the city’s administration to grant gay-spouses marriage certificates. Moreover, California’s role does not simply stop at San Francisco: the Supreme Court issued overrun the state’s law of prohibiting same-sex marriages in 4-3 ruling on May 15, 2008. This event has significantly influenced the number of officially married gay-spouses. Between the moment of legalization of the gay marriages in May 2008 and November 2008 – more than 18,000 gay couples decided to legitimize their relationship in California. In this case, as well as in other states, opponents were not satisfied with the freedoms the gay couples got in 2008. As a direct consequence of a public ballot in November 2008 – 52% of voters voted against legalization of same-sex marriages. The Supreme Court was forced to put a ban on gay marriages in May 2009, but this veto did not last long. In August, 2010 – Vaughn Walker (US District Judge ) struck down this veto. His position was supported by another 3 federal judges of the Court of Appeals. Walker’s decision served as a bright example for many public organizations, which in their turn, showed their views and supported the movement for the gay marriage: American Bar Association’s House of Delegates, American Psychological Association and many others.
While at the same time the movement was not supported by the religious part of the society, especially by the church of Jesus Christ of Latter-Day. The Saints proclaimed that the social union between a man and a woman is the foundation of the society and nation. The Roman Pope Benedict XVI showed his negative attitude towards this problem as well. He stated that the Church cannot accept the initiative which will re-evaluate the family valuables.
The public has been deeply involved in these debates starting from the 1988-2010. Its support shows a significant increment from 1 to 1.5 each year. With the recent pole release from CNN it is evident that the majority, nowadays, supports the gay marriages, 53% of the population agree that gays and lesbians should not be deprived of their constitutional right to create a family and get married in 2011. [1]The presidential administration proclaimed a wide support to the Dianne Feinstein bill which basically repeals the DOMA in July, 2011.Moreover, the president himself announced his official support for the gay marriage issue on May 9, 2012, stating: "At a certain point, I've just concluded that for me personally it is important for me to go ahead and affirm that I think same-sex couples should be able to get married." [2]
Shortly after that the US Supreme Court declared the DOMA’s part of proclaiming the marriage as a union between a man and a woman only unconstitutional on June 26th, 2013. This was a huge breakthrough in the gay marriage debates. The gay couples got the right to get the same federal benefits as the regular spouses get, this will include pension and tax benefits. Moreover, the Decision of opponents of the gay marriage in California was rules as unconstitutional the same day, which cleared the way to legitimize the union between same-sex couples again in California State.
The New York Times has investigated and exposed another, less known side of the adoption and legal recognition of the same-sex marriages fact: political and social rights with freedoms. In fact, they have described the story of gay couple in Florida, in which the spouse got the right of permanent residence in States. An American with his soul mate from Bulgaria became the first gay couple to be approved for the resident visa. This public approval became the evidence to the president’s administration policy towards the same-sex couples. They have quickly changed the visa policies shortly after the decision of the court. The approval of their request to get green card arrived when it was unexpected, it caught the couple by surprise.
Another group of people state that legalization of same-sex marriages would help the economy a lot. In fact, according to the New York Times: “A new analysis by the New York City comptroller’s office has concluded that the state’s economy would gain up to $210 million over the next three years if same-sex marriage becomes legal.” (“Would Gay Marriage help”, 2009). At the same time with the legalization comes costs: by providing the same benefits to the gay couples as the regular ones enjoy (taxes, health benefits, social services and so on), will result in additional $69 million USD, over the next 3 years.
Globally, the tensions have been rising, between the gay couples and the struggle for their right to create a family with the beloved once, and this movement has been successful in a lot of countries. Mexico: On December 21, 2009 the legislature of the Mexican capital Mexico City passed a law that allows same-sex marriages. Mexico City became the first city in Latin America, where gay couples can officially register their marriage. Argentina allowed same-sex relationships as well: on July 21, 2010 the President of Argentina, Cristina Fernandez de Kirchner signed a law legalizing same-sex marriage, shortly after it was approved by the National Congress. In 2002, Argentina became the first Latin American country to officially enable persons of the same sex to live in a civil legal relationship. No while they did not have all the rights as heterosexual married couple. In particular, they can not adopt children. This example was followed in such countries as Brazil (May 2011: the Supreme Court of Brazil for the first time allow civil unions between same-sex and then in October 2011, the Supreme Court issued a ruling that makes it possible to conclude the country's same-sex marriages. In this country there is no federal law allowing same-sex marriages); Denmark (June 15, 2012 into law on same-sex marriages in Denmark. In 1989 the country became the first country in the world that recognized same-sex unions. Under the new law, a marriage can be concluded in the registry office, and in the church. In this case, the priests have the right to deny marriage to same-sex couples); United Kingdom (February 5, 2013 the British House of Commons voted in favor of same-sex marriages); Uruguay(April 11, 2013 The Lower House of the Parliament of Uruguay approved a bill legalizing same-sex marriage in the country. The final document approved by the upper house of parliament.); France (April 10, 2013 the French Senate approved a rule in the country to legalize same-sex marriages.). The same situations and tendencies are spreading all over the world, at the same time America is not excluded form this list. It is only a matter of time till humanity understands that we are all the same, and every single one of us has the right to create a family with the one you love, disregarding the political, social clichés. There are a lot of people, eager to finally be equalized in rights and freedoms as the regular couples. This fact is evident from the Washington State’s example: on the first day when the state has approved and recognized gay marriages – hundreds of gay spouses rushed to legalize their relationship right on the first day of the document adoption. Happy couples rushed the city hall on a rainy day, to celebrate the recognition of the gay people rights. According to the author: “more than 800 couples statewide got marriage license last Thursday, the first day the law came into effect. With a state-mandated three-day waiting period to have a wedding, Sunday was therefore the first day ceremonies could take place” (“Gay Marriage”, 2012). All the freshly created couples were happy to finally achieve the state recognition. According to them, they feel their relationship to be stronger than ever, with the state recognition, and they hope to get it across the United States later.
The nowadays balance of the states that grant the same-sex marriages versus the opposite states is 13 and 37 respectively. The number of Pro states is comprised of Massachusetts (which allowed gay marriages in May, 2004) Iowa (April, 2009), Delaware (July, 2013),Connecticut (Nov. 12, 2008), Vermont (Sep. 1, 2009), New York (June 2011), Washington (December, 2012), New Hampshire (January, 2010), Maryland (January, 2013), Maine (December, 2012), Rhode Island (August, 2013), California (June 28, 2013), and Minnesota (Aug. 1, 2013). As for the capital of the country – gay marriages were legitimized in March 2010. Finally, I do support the rights of the minorities to legally get married and receive the federal benefits. Everyone has the right to create a family with the chosen person, no one has the power to dictate you on whom you can and cannot marry. We live in the 21st century, in the humane society, where everyone’s opinion is respected and valued.
Works Cited
"A 50-State Ruling on Same-Sex Marriage - NYTimes.com." The New York Times - Breaking News, World News & Multimedia. N.p., n.d. Web. 4 Aug. 2013. <http://www.nytimes.com/2013/03/26/opinion/a-50-state-ruling-on-same-sex-marriage.html>.
"Americans split evenly on gay marriage – CNN Political Ticker - CNN.com Blogs." CNN Political Ticker- All politics, all the time - CNN.com Blogs. N.p., n.d. Web. 4 Aug. 2013. <http://politicalticker.blogs.cnn.com/2010/08/11/americans-split-evenly-on-gay-marriage/?iref=allsearch>.
"Gay Married Man in Florida Is Approved for Green Card." Gay Married Man in Florida Is Approved for Green Card. N.p., n.d. Web. 4 Aug. 2013. < http://www.nytimes.com/2013/07/01/us/gay-married-man-in-florida-is-approved-for-green-card.html?_r=0>.
"Gay marriage kicks off in Washington state | South China Morning Post." International Edition | South China Morning Post. N.p., n.d. Web. 4 Aug. 2013. <http://www.scmp.com/news/world/article/1102307/gay-marriage-kicks-washington-state>.
Klepper, David, and Patrick Condon. "Same-sex marriages begin in Rhode Island - Nation - The Boston Globe." The Boston Globe. N.p., n.d. Web. 4 Aug. 2013. <http://www.bostonglobe.com/news/nation/2013/08/01/same-sex-marriages-begin-rhode-island/jmLqnKf1lyRuYr70l9vaMO/story.html>.
Library, CNN. "Same Sex Marriage Fast Facts - CNN.com." CNN.com International - Breaking, World, Business, Sports, Entertainment and Video News. N.p., n.d. Web. 4 Aug. 2013. <http://edition.cnn.com/2013/05/28/us/same-sex-marriage-fast-facts>.
McElroy, Lisa T., and AARP. "How DOMA Affects Same-Sex Marriage - Gay Marriage News - AARP." AARP - Health, Travel Deals, Baby Boomers, Election News, Over 50, Online Games, Retirement Plan. N.p., n.d. Web. 4 Aug. 2013. <http://www.aarp.org/politics-society/government-elections/info-07-2013/how-the-doma-ruling-will-affect-samesex-spouses.html>.
"Midnight weddings as two U.S. states legalize gay marriage - Yahoo! News." Yahoo! News - Latest News & Headlines. N.p., n.d. Web. 4 Aug. 2013. <http://news.yahoo.com/gay-couples-hold-midnight-weddings-two-states-legalize-042700340.html>.
REUTERS. "Same-Sex Marriage News - The New York Times." Times Topics - The New York Times. N.p., n.d. Web. 4 Aug. 2013. <http://topics.nytimes.com/top/reference/timestopics/subjects/s/same_sex_marriage/index.html>.
"Would Gay Marriage Help the State Economy?." Would Gay Marriage Help the State Economy?. N.p., n.d. Web. 4 Aug. 2013. <cityroom.blogs.nytimes.com/2009/05/26/would-gay-marriage-help-the-state-economy/>.
