The evolution of same sex
marriage has advanced tremendously over the decades. Through time, society has
been more accepting to lesbian and gay rights, but in the past, it was
strenuous to be accepted.
Not only did society not support it, people had religious
standpoints as to why they could not support same sex marriage. “Many of the
largest U.S religious institutions have remained firm against allowing same sex
marriage, including the Roman Catholic Church, the Orthodox Jewish Movement,
the Church of Jesus Christ of Latter Day Saints as well as southern Baptist
Convention and other evangelical protestant denominations” (David Masci, Where
Christian churches and other religions stand on gay marriage.
www.pewresearch.org.) Over time, several other religious groups have moved to allow
same sex couples to marry within their tradition, such as Buddhism, the
Episcopal church, the Evangelical Lutheran church in America, Hinduism, United
Church of Christ etc.
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One
of these religious groups would be the Reform and Conservative Jewish Movement.
“Although as recently as 1990, the reform movements rabbinic leaders officially
considered heterosexual relationships… by the mid-1990s, the movement had fully
endorsed same sex marriage two decades before it became legal across the United
States” (MJL Staff, Judaism and LGBTQ Issues: an overview.
www.myjewishlearning.com.) Jewish individuals would not have been more
accepting to gay marriage if it was not for the reform movement. The
conservative movement also altered its ban on gay marriage a decade later and
endorsed same sex marriage in 2012. “Nonetheless, the traditional Jewish
position on homosexuality is still difficult for many liberal-minded Jews, and
the liberal denominations have debated the extent to which gays and lesbians
can be fully integrated into religious communities.” (MJL Staff, Jewish views
on homosexuality: LGBT Issues in Judaism. www.myjewishlearning.com.)
Traditionally Jews once had a laborious time believing that same sex marriage
should be treated as equal. In 1977, the Reform movements took a role in
fighting for gay rights and assisted in the termination to end all
discrimination towards same sex individuals.
Baptists believe in one man and one woman, but if
individuals consider themselves as homosexuals, they are still a child of god.
“All people regardless of race or sexual orientation are created in the image
of God and thus due respect and love, Southern Baptists have consistently
affirmed our support of the biblical definition of marriage as the exclusive
union of one man and one woman…” (On same sex marriage and civil rights
rhetoric. www.sbc.net.) The Southern Baptist convention expresses fondness to
personages who struggle with homosexuality interest. They stand against any
sort of bashing towards same sex marriage and encourages other Southern
Baptists to provide support to those who struggle with homosexuality.
Catholics believe homosexual acts are considered immoral.
“The Catechism of the Catholic Church, a text which contains dogmas and
teachings of the church names homosexual acts as intrinsically immoral and
contrary to the natural law, and names homosexual tendencies as objectively
disordered” (Stances of Faiths on LGBTQ Issues: Roman Catholic Church.
www.hrc.org.) Catholic churches do not consider homosexuality sinful, but the
religion has a negative attitude towards it. However, LGBTQ people may be
accepted with respect to some parishes to avoid discrimination. “Such persons
must be accepted with respect and sensitivity, every sign of unjust
discrimination in their regard should be avoided, the actual experience of
LGBTQ parishioners can vary widely across dioceses and parishes” (Stances of
Faiths of LGBTQ Issues: Roman Catholic Church. www.hrc.org.) The Roman Catholic
church does not discriminate towards the LGBTQ community, considering their own
beliefs, they also believe that sexuality affects all aspects of a human person
in the body and soul. Same sex couples may be accepted into various Catholic
parishes because of their acceptance towards gay couples, but each parish
varies.
Christians are opposed towards gays and lesbians. They
believe it would be a sinful choice to be a LGBTQ member, and thought it could
be overcame with therapy. “Being gay was considered by church leaders to be a
sinful choice, one that required repentance and could be overcame with
different types of reparative therapy” (Stances of Faiths on LGBTQ Issues:
Church of Jesus Christ of Latter Day Saints Mormons. www.hrc.org.) If therapy
from church has not succeeded, gay individuals would be excluded from the
church until further notice. In recent years, the church has been more
accepting to the LGBTQ community. They have come to realize that their belief
on gay people were splitting families that the church worked to retain. As for
bisexuals, they were considered gay by the church. However, if they are
interested in the opposite sex, they would be able to participate in church.
“An important difference is that bisexual people married to the opposite sex
may participate in church activities without any restrictions as some rites and
sacraments are reserved for married couples” (Stances of Faiths on LGBTQ
Issues: Church of Jesus Christ of Latter Day Saints Mormons. www.hrc.org.) Only
bisexuals interested in the opposite gender have permission to do so because
there is one of each gender, in result it may be classified as one man and
woman instead of a gay couple.
Although religions have their standpoints
toward gay marriage, over time, society has been more accepted to same sex
marriage. According to the Pew Research Center data chart, polling conducted in
2003 has resulted in 58% of Americans opposed to same sex marriage and 38%
supported it. Another new survey conducted in 2013 by the Pew Research Center
displays that 49% Americans are in favor of same sex marriage and 44% were
against it. A new survey conducted with Millennials indicates that 70% of
Americans approved same sex marriage. In Pew Research polling in 2001, “Americans
opposed same sex marriage by a margin of 57% to 35%, since then support for
same sex marriage has steadily grown” (Pew Research Center. www.pewresearch.org.)
The millennials have been more open minded towards same sex marriage currently.
The newer generation believes that people should be able to love anyone they
would like, no matter the gender. “Support for same sex marriage is at its
highest point,” (Pew Research Center www.pewresearch.org.) since they began
polling on the issue. Based on the polling this year, 62% of Americans support
same sex marriage and 32% are opposed to it. As generations come by,
millennials express major levels of support for same sex marriage. “Now, for
the first time, more than half (56%) of baby boomers favor allowing gays and
lesbians to marry legally. Support for same sex marriage also has grown among
those in the silent generation in recent years…” (Changing attitudes on gay
marriage. www.pewforum.org.) According to Pew Research Center data chart, homosexuality
will continue to thrive and become more accepting into society as years go by.
In early years, same sex couples would have a wearying
time applying for an application to be approved for marriage. “Clerk Gerald
Nelson rejected their application because they were a same-sex couple, and a
trial court upheld his decision.” (History.com Staff, Gay Marriage.
www.history.com.) The U.S Supreme Court would deny any gay couples who would
appeal for an application. When the Supreme Court were receiving appeals, they
ruled to block federal courts from ruling on same sex marriage and left the
decision for the states. In 1973, Maryland became the first state to fabricate
a law that defines marriage as a coalition between a man and a woman. Other
states followed Maryland’s lead such as Virginia in 1975, Florida, California
and Wyoming in 1977. Harvey Milk became the first openly gay man opt into a
public office in 1977. The fight for gay marriage has then progressed through
the decades. In 1989, the San Francisco Board of Supervisors passed a law that
authorized homosexuals to register for domestic partnerships. In 1993, the most
prominent court in Hawaii ruled that same sex marriage prohibition violates the
Equal Protection Clause. The case was conducted by a gay couple and two lesbian
couples who were vetoed marriage licenses in 1990. “The next decade saw a
whirlwind of activity on the gay marriage front, beginning with the year 2000,
when Vermont became the first state to legalize civil unions, a legal status
that provides most of the state-level benefits of marriage.” (History.com
staff, Pushing for Change: Civil Unions. www.history.com.) Along with Vermont,
Massachusetts Supreme Court ordained the right to marry for same sex couples in
2003. George W. Bush sustained an amendment that would outlaw gay marriage, but
the U.S Senate (Salmon P. Chase) deflected the amendment. Although there were
some states who supported gay marriage, there were also a few who wanted to
enact bans on same sex marriage, such as Oregon, Kansas and Texas. These
hidebound states wanted to legislate state level bans against gay marriage.
States such as Washington D.C, Connecticut, Iowa, Vermont and New Hampshire
legalized gay marriage.
That latest Supreme Court case (Obergefell v Hodges)
towards same sex marriage requires all states to own a marriage license. “The
U.S Supreme Court ruling on October 6, 2014 declines to hear cases on same sex
marriage.” (Same sex marriage laws. www.ncsl.org.) In 2014, thirty-one states
had either constitutional or statutory provisions that defined marriage as man
and woman, also nineteen states and the District of Columbia allowed same sex
marriage. The U.S Circuit Court of Appeals nullified same sex marriage bans in
the states such as Nevada and Idaho. This Supreme Court case involved states
who were being sued by gay couples such as Ohio, Michigan, Kentucky and
Tennessee that were banning same sex marriage in their respective states. “The
plaintiffs—led by Jim Obergefell, who sued because he was unable to put his
name on his late husband’s death certificate—argued that the laws violated the
Equal Protection Clause and Due Process Clause of the Fourteenth Amendment.”
(History.com staff, Obergefell v Hodges. www.history.com.) This case was
brought up to the Supreme Court since the trial sided with the plaintiff but the
U.S Court of Appeals for the Sixth Circuit contracted it.
The 10th Amendment is power not delegated to
the United States by the constitution are given to the states and its people.
States are required to authorize same sex marriage because of the Supreme Court
case Obergefell v Hodges. Each state must find a method to implement this
Supreme Court case. For example, Georgia was aggravated with the Supreme Court
case ruling because the state of Georgia used to have a ban on same sex
marriage. “Olens had petitioned the U.S Supreme Court to allow Georgia’s voter
approved ban on same sex marriage to stand, but following the denial of his
petition, Olens released a statement that Georgia would not defy the ruling.” (State executive responses to Obergefell v Hodges. www.ballotpedia.org.)
Nathan Deal (Governor of Georgia) ultimately confirmed that the state of
Georgia would follow the law of same sex marriage. Another example would be the
state of Michigan, which both the Governor (Rick Snyder) and Attorney (General
Bill Schuette) pledged consent to allow marriage rights to same sex couples
across the state. “Schuette similarly pledged to ensure the state would follow
the ruling and expressed some relief that a decision was finally reached on the
long standing divisive issue.” (State executive responses to Obergefell v
Hodges. www.ballotpedia.org.) Unlike other states, Michigan complies to the law
and honors the decision of the Supreme Court case.
On June 26, 2015, the U.S Supreme Court made a decision
that would affect the lives of many personages. “…the United States Supreme
Court held in a 5-4 decision that same-sex marriage is protected under the Due
Process and Equal Protection Clauses of the Fourteenth Amendment.” (State
executive responses to Obergefell v Hodges. www.ballotpedia.org.) As this
occurred, same sex marriage bans on states were declared unconstitutional. In
the Supreme Court Case United States v Windsor, the court ruled that part of
DOMA (Defense of Marriage Act) was unconstitutional. As Obergefell v Hodges
explicitly stated same sex marriage was enabled, United States v Windsor did
not broach about same sex couples. “On April 28, 2015, the justices heard oral
argument on whether the Fourteenth Amendment protected the right of same-sex
couples to marry in Obergefell. Fred Sainz, vice president of communications at
the Human Rights Campaign the largest lesbian, gay, bisexual and transgender
(LGBT) organization in America, said, “If the Supreme Court decides in
favor of full marriage equality, it will be the largest conferral of rights on
LGBT people in the history of our country.” (State executive responses to
Obergefell v Hodges. www.ballotpedia.org.) The 14th Amendment grants
citizenship to Americans, this Amendment hereby includes same sex couples the
right to emancipation. Michael Klarman (A Harvard law professor and author)
argued that the Supreme Court would most likely administer the Constitution to
require same sex couples be admitted to marry, giving the Americans what they
want. Klarmans argument was conducted by polls to discern how many Americans
were in support of same sex marriage. As a result, 6 out of 10 Americans
support it. “On June 26, 2013, the Supreme Court struck down part of the
Defense of Marriage Act and ruled that legally married same-sex couples are
entitled to receive equal treatment under federal law. The ruling required that
federal benefits for legally married opposite-sex couples, including Social
Security, certain tax breaks and insurance benefits, be extended to legally
married same-sex couples.” (ballotpedia.org.) Since Obergefell v Hodges, the
LGBTQ community, same sex marriage and same sex couples have been receiving
equal privileges as any citizen. This Supreme Court case has made society be
more unprejudiced towards same sex marriage and has made some religions stand
against discrimination on gay marriage. This Supreme Court case will perpetually
be recalled as a groundbreaking moment for Americans.