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Same Sex Marriage

CONSTITUTIONALITY OF SAME SEX MARRIAGE IN THE UNITED STATES
Matthew Brigham
Legal Direct Study
Final Copy
December 17, 2004

Introduction
The proposed legalization of same-sex marriage is one of the most significant issues in current American family law. Right now it is one of the most strongly advocated reforms discussed in law reviews, one of the most explosive political questions facing lawmakers, and one of the most provocative issues emerging before American courts. If same-sex marriage is legalized, it could be one of the most revolutionary policy decisions in the history of American family law.
Supporting Side
The potential consequences, positive or negative, for children, parents, same-sex couples, families, social structure, public health, and the status of women are huge. Given the importance of the issue, the value of broad debate of the reasons for and against legalizing same-sex marriage should be obvious. Marriage is much more than merely a commitment to love one another. Aside from public and religious beliefs, marriage entails legally imposed financial responsibility and legally authorized financial benefits. Marriage provides automatic legal protections for the spouse, including medical visitation, succession of a deceased spouse's property, as well as pension and other rights.
Marriage has changed throughout the years. In Western law, wives are now equal rather than subordinate partners; interracial marriage is now widely accepted, both in law and in society; and marital failure itself, rather than the fault of one partner, may be grounds for a divorce. Societal change have been felt in marriages over the past 25 years as divorce rates have increased and have been integrated into even upper class families. Proposals to legalize same-sex marriage or to enact broad domestic partnership laws are currently being promoted by gay and lesbian activists, especially in Europe and North America. The trend in western European nations during the...