same-sex marriage in the United States was originally established on a country-by-country basis, growing from 1 state in 2004 to 36 countries by 2015, when, on 26 June 2015, same-sex marriages were established in all 50 states as a result of the decision of the United States Supreme Court in the civil rights case of Obergefell v. Hodges , where it is held that the rights are the same. -sex couples to marry on the same terms and conditions with the opposite sex couples, with all the rights and responsibilities attached to them, guaranteed by the Due Process Clause and Protection Clause that are Equivalent to the Fourteenth Amendment of the US Constitution.
Civil rights campaigning for marriage without distinction about sex or sexual orientation began in the 1970s. In 1972, now upside down Baker v. Nelson sees the US Supreme Court's decline to engage. This issue became prominent from around 1993, when the Hawaii Supreme Court ruled in Baehr v. Lewin that the summary of the marriage state on the basis of sex is unconstitutional. The decision led to federal action and action by some states to explicitly shorten marriage on the basis of sex to prevent same-sex marriage from being recognized, the most prominent of which was DOMA. In 2003, the Supreme Judicial Court of Massachusetts ruled at Goodridge v. Ministry of Public Health that it is unconstitutional for the state to shorten marriage on the basis of sex. From 2004 to 2015, as the wave of public opinion continued to move forward to support same-sex marriages, state court decisions, state laws, popular referendums and federal court decisions established same-sex marriages in 36 states. In 2011, national public support for same-sex marriage rose above 50% for the first time. In 2013, the US Supreme Court overturned DOMA's main provisions, stating its share is unconstitutional and violates the Fifth Amendment in the United States v. Windsor . The ruling led to the federal government's recognition of same-sex marriage, with a federal allowance for married couples connected to either the country of residence or the country where the marriage was inaugurated. However, the decision focused on providing DOMA in charge of a federal government that refuses to recognize same-sex marriages approved by the state, leaving the country's own marriage law matters to each state. The US Supreme Court answered the question two years later in 2015, in power, at Obergefell v. Hodges , that the right of same-sex couples to marry under the same terms and conditions as those of the opposite sex, with all the rights and responsibilities attached to them, is guaranteed by the Constitution of the United States.
The Obergefell ruling occurred after decades of consistently raising national public support for same-sex marriage in the United States, with support increasing steadily afterwards.
The formation of same-sex marriage was associated with a significant reduction in suicide trial rates among children, with a concentrated effect among children of minority sexual orientation. A national data study from across the United States from January 1999 to December 2015, conducted by the American Medical Association, reveals that suicide attempts among all schoolchildren in grades 9 to 12 decreased by 7% and suicide rates amongst children, schoolchildren from minority sexual orientation in grades 9 to 12 decreased by 14% in countries that formed same-sex marriages, resulting in approximately 134,000 fewer children attempting suicide each year in the United States. The researchers took advantage of the gradual manner in which same-sex marriage was established in the United States (growing from 1 country in 2004 to 50 countries by 2015) to compare suicide trial rates among children in each country over a period of study time. Once same-sex marriage is established in certain countries, the reduction of suicide trial rates among children in the state becomes permanent. There was no reduction in the level of attempted suicide among children that occurred in certain states until the state admitted same-sex marriage. The study's lead investigators observed that "laws that have the greatest impact on gay adults can make gay children feel more hopeful for the future".
The United States is the most populous country in the world that has established nation-wide marriage.
Video Same-sex marriage in the United States
History
Civil rights campaigning for marriage without distinction about sex or sexual orientation began in the 1970s. In the case of 1971 Baker v. Nelson , the Minnesota Supreme Court ruled that refusing marriage licenses for same-sex couples did not violate the US Constitution. On appeal, the US Supreme Court refused to hear the case, setting it as a federal precedent as it came from a compulsory appeal. This issue did not become prominent in US politics until the 1993 Hawaiian Supreme Court decision in Baehr v. Lewin stating that the state ban is unconstitutional.
During the 21st century, while some countries elsewhere in the world are reforming marriages to become an institution with no distinction about sex or sexual orientation, public support in the US for same-sex marriage has grown rapidly, and national polls conducted since 2011 show that the majority of Americans support it. But at the same time, many countries have also passed a ban on same-sex marriage, either legislatively or through a referendum. On May 17, 2004, Massachusetts became the first US state and the sixth jurisdiction in the world to legalize same-sex marriage after a Judicial Court ruling at Goodridge v. Ministry of Public Health six months earlier. On May 9, 2012, Barack Obama became the first US President to sit in public stating support for the legalization of same-sex marriage. On November 6, 2012, Maine, Maryland, and Washington became the first states to legalize same-sex marriages through elections.
In June 2013, the Supreme Court ruled in the United States v. Windsor that federal law can not treat as unfair, marriages made by individual countries are equally valid, when undoing key terms of the Defense of Marriage Act (DOMA), thereby forcing federal recognition of same-sex marriage and related marriage benefits when dealing with same-sex marriages committed by states that approve such marriages. Within two years after Windsor, the US District Court in 27 states and state courts in six states, plus a single state court ruling that only handled the recognition of same-sex marriage from other jurisdictions, found that same-sex bans marriages violate the US Constitution, while two US district courts and one district court found that they did not. The federal appeals case refused a same-sex marriage ban finally broken in November 2014. Unlike all other circuits that had ruled at the time, the Sixth Circuit decided the ban became constitutional. The panel's decision reverses six US district court decisions that have found a same-sex marriage ban or its recognition to be unconstitutional, restoring state bans in the four states served by the circuit (Kentucky, Michigan, Ohio and Tennessee).
On January 16, 2015, the US Supreme Court agreed to hear four cases, on the appeal of the Sixth Circuit, on whether states constitutionally prohibit same-sex marriage or refuse to recognize such marriages legally in other states. The case is: Obergefell v. Hodges (Ohio), Tanco v. Haslam (Tennessee), DeBoer v. Snyder (Michigan), and Bourke v. Beshear (Kentucky). Judged by court under the heading of Obergefell on 26 June 2015, in a ruling by Justice Anthony Kennedy, the Supreme Court overruled the Sixth Circuit's affirmation and declared that the Court's decision should evolve. in light of a better understanding of the discrimination and constitutional protection available to protect individuals from minority sexual orientation, and that same-sex couples have a constitutional right to marry and their marriage is recognized. Obergefell therefore canceled the Court's own decision in Baker .
Maps Same-sex marriage in the United States
Public opinion
The CNN poll conducted on Feb. 19, 2015 found that 63% of Americans believe that gays and lesbians have a constitutional right to marry, up from 49% in August 2010. The AAB poll Washington Post -ABC conducted from April 16-20, 2015 found that 61% of Americans support allowing gays and lesbians to marry legally.
A Washington Post-Polls poll from February-March 2014 found a record high of 59% of Americans approving same-sex marriage, with only 34% opposed and 7% without opinion. In May 2013, a Gallup poll showed that 53% of Americans would choose to establish same-sex marriage in all 50 states. Three previous readings for one year consistently show support at 50% or above. Gallup notes: "Just three years ago, support for gay marriage was 44%.The current 53% support level basically doubled 27% in Gallup's initial measurements on gay marriage, in 1996."
In 2011-2013, public support for same-sex marriage in the United States has solidified above 50%. Public support for same-sex marriage has increased rapidly since the 1990s. In 1996, only 25% of Americans supported the legalization of same-sex marriage. Polls have shown that support is identical between whites and Hispanics, while support for same-sex marriage races among blacks. Poll trends in 2010 and 2011 show support for same-sex marriages gaining a majority, although the difference is within the limits of analysis error. On May 20, 2011, Gallup reported majority support for same-sex marriage for the first time in the country. In June 2011, two leading voting organizations released an analysis of the changing trends of public opinion on same-sex marriage in the United States, concluding that "public support for marriage freedom has increased, at an accelerating rate, with most polls showing that the majority of Americans now supports full marriage rights for all Americans. "
By 2017, according to a poll of the country's Public Religion Research Institute, there is majority support for same-sex marriage in 44 countries, pluralism support in 4 states, plural opposition in 1 country, and majority opposition in 1 state.
The annual poll by Gallup has shown that support for same-sex marriages has grown rapidly, while opposition has collapsed. In 1996, 68% of Americans opposed same-sex marriage, while only 27% were supported. In 2018, 67% of Americans support same-sex marriage, while only 31% are opposed.
Debate
Support
Supporters of same-sex marriage make several arguments to support their position. Gail Mathabane likened the ban on same-sex marriage to the US ban on interracial marriages. Fernando Espuelas argues that same-sex marriage should be permitted because same-sex marriage extends civil rights to minorities. According to an American history scholar, Nancy Cott, who rejects alternatives to same-sex marriage (such as civil unions), "there is no comparison at all, since there is nothing like marriage except marriage."
In the United States, professional organizations including the American Anthropological Association, the American Academy of Pediatrics, the American Psychiatric Association, the American Psychological Association, the American Sociological Association, the American Medical Association, the American Academy of Nursing, and the National Association of Social Workers say that claims of marital law recognition for same-sex couples undermining marital institutions and harming children inconsistent with scientific evidence supporting the conclusion: that homosexuality is a normal and normal human sexuality; that sexual orientation can not be selected or influenced; that gay people form stable and committed relationships essentially equivalent to heterosexual relationships; that parents of the same sex are no less able than the parents of the opposite sex to raise children; that no civilization or decent social order depends on limiting heterosexual marriage; and that same-sex couples are equally good or even better than children of the opposite sex.
Mildred Loving, the plaintiff together with Richard Loving in the case of prominent civil rights from Loving v. Virginia in 1967, which hit all state bans on interracial marriages in the United States, issued a statement on the 40th Anniversary in 2007 saying:
I believe all Americans, regardless of their race, regardless of their gender, no matter their sexual orientation, should have the same freedom to marry... I am still not a political person, but I am proud that Richard and my name are in the case courts that can help strengthen the love, commitment, justice and family that so many people, black or white, young or old, gay or straight, looking for life. I support the freedom to marry for all. That is what is loved, and loved, all about.
The Human Rights Campaign, the largest gay rights organization in the United States, states that "many same-sex couples want the right to marry legally because they fall in love - many, in fact, have spent the last 10, 20, or 50 years with people it - and they want to honor their relationship in the best way our society can offer, by making a public commitment to stand together in good and bad times, through all the fun and challenges that family life brings. "
The NAACP, a veteran African-American civil rights organization, has pledged its support for gay rights and same-sex marriage, stating that they "support marriage equality consistent with equal protection under the law set forth under the Fourteenth Amendment of the American Constitution States ".
Advocates of same-sex marriage legislation have successfully used social media websites like Facebook to help achieve that goal. Some argue that the successful use of social media websites by LGBT groups has played a key role in the defeat of religious-based opposition.
One of the largest scales of social media use to mobilize support for same-sex marriages that preceded and coincided with the arrival in the US Supreme Court of high profile legal cases for Proposition 8 and the Marriage Act of Defense in March 2013. The project " the same mark as the red "started by the Human Rights Campaign is an electronic campaign primarily based on Facebook that encourages users to change their profile picture to be the same sign with red to express support for same-sex marriage. At the time of the trial, it was estimated that about 2.5 million Facebook users change their profile picture to be equal to red.
Opposition
Opposition to same-sex marriage is based on the belief that homosexuality is unnatural and abnormal, that the recognition of same-sex unions will encourage homosexuality in society, and that children are better off when raised by the opposite sex partner. This claim is denied by science which shows that homosexuality is a natural and normal human sexuality, that sexual orientation can not be chosen or influenced, and that same-sex couples are as good or even better than children of the opposite sex.
The most prominent opponents of same-sex marriage in the United States are The Church of Jesus Christ of Latter-day Saints, the Catholic Church (represented by the United States Catholic Bishops Conference), the Southern Baptist Convention, and the National Organization for marriage.
The funding of the referendum amendment campaign has become a major dispute issue. Both the judge and the IRS have ruled that it can be questionable or illegal for campaign contributions to be protected by anonymity.
Politicians and media personalities
President Obama's views on same-sex marriage have varied over his political career and have become more consistent in favor of same-sex marriage rights over time. In the 1990s, he supported same-sex marriage while campaigning for the Illinois Senate. During the 2008 presidential campaign, he said: "I believe that marriage is a union between a man and a woman.For me as a Christian, it is a sacred union.You know, God is in the mix." He opposed a 2008 California referendum aimed at reversing the court's decision to establish same-sex marriage there. In 2009, he opposed two opposing federal legislative proposals that would ban or establish nationwide marriage, stating that every country should decide on this issue. In December 2010, he expressed support for civil unions with equal rights to marriage and for federal recognition of same-sex relationships. He opposes federal constitutional amendments to ban same-sex marriage. He also stated that his position on same-sex marriage "evolved" and he admitted that civil unions from the perspective of same-sex couples are "not enough". On May 9, 2012, President Obama became the first president to sit down to say he believed that same-sex couples should be allowed to marry. He still says the country's legal questions. In October 2014, Obama told the interviewer that his views had changed:
In the end, I think the same Protection Clause guarantees same-sex marriage in all fifty states. But, as you know, courts are always strategic. There are times where stars are aligned and Courts, like lightning, issue decisions like Brown v. Board of Education, but that is very rare. And, given the direction of society, that the Court let the process run as it has done can make the shift less controversial and more lasting.
Shortly after winning the 2016 election, President Donald Trump said he was "okay" with same-sex marriage and believed it had to be resolved by the law: "It's a law that's settled in the Supreme Court. This contrasts somewhat with the previous statement he made in June 2015, after Obergefell v. Hodges , where he tells him personally for "traditional marriage" and that he believes same-sex marriages must be submitted to the states. In the same statement, however, Trump acknowledges that overturning Obergefell is unrealistic. Some federal appointments also, afterwards, announce that they will uphold same-sex marriage and enforce the Supreme Court's verdict, while still, in some cases, personally oppose same-sex marriage, Prosecutor General Jeff Sessions and Education Secretary Betsy DeVos.
Former president Bill Clinton, Jimmy Carter and Barack Obama, former vice-presidents Dick Cheney, Al Gore, Walter Mondale and Joe Biden have voiced their support for legal recognition, as did Laura Bush's first woman, Hillary Clinton, Michelle Obama and Nancy Reagan. Former President George H. W. Bush and his wife, former First Lady Barbara Bush, have served as witnesses to same-sex marriage, but do not openly state whether this means they support same-sex marriage in general; George W. Bush reportedly offered to lead the same marriage, but also made no public statement about his position on the matter (as president, he was opposed). Fifteen US senators announced their support in the spring of 2013. In April 2013, the majority of the Senate has expressed support for same-sex marriage. Senator Rob Portman of Ohio became the first Republican senator to support same-sex marriage in March 2013, followed by Sen. Mark Kirk of Illinois in April, Lisa Murkowski of Alaska in June, and Susan Collins of Maine a year later.
During the 2008 presidential election campaign, Republican vice presidential candidate Sarah Palin stated: "I have chosen along with most Alaskans who have the opportunity to choose to change our Constitution to define marriage as between one male and one female.I hope at the federal level which is where we will go because I do not support gay marriage. "
When a US district court overturned a California referendum ending same-sex marriage there in 2008, former House Speaker Newt Gingrich said it showed "an outrageous insult to our Constitution and for the majority of Americans who believe marriage is a union of husband and wife." By the end of 2012, Gingrich is ready to accept civil marriage-but is not religious-equally and encourages Republicans to accept same-sex marriage facts that are bound to become legal in more states.
In an interview on The O'Reilly Factor in August 2010, when Glenn Beck was asked whether he "believed that gay marriage was a threat to the country [this] by any means", he stated, "No , I do not... I believe that Thomas Jefferson said: 'If it does not break my legs or take my pocket what's the difference with me? ' "
Before Obergefell
Prior to Obergefell, same-sex marriage was legal to at least a few degrees in thirty-eight states, one territory (Guam) and District of Columbia; states, Missouri, Kansas, and Alabama have restrictions. Until United States v. Windsor , it is only valid in 12 states and Washington DC. Starting July 2013, more than forty federal and state trials refer to Windsor to impose state bans on licensing or recognizing same-sex marriage. Missouri recognizes same-sex marriages from abroad and same-sex marriages licensed by St. Louis under two separate state court orders; two other jurisdictions also issue such licenses. In Kansas, marriage licenses are available to same-sex couples in most areas, but the state does not recognize its validity. Several districts in Alabama issued marriage certificates for same-sex couples for three weeks until the state Supreme Court ordered the judges to stop doing so. The court ruling did not mention the recognition of same-sex marriage licensed in Alabama, but referred to them as a "marriage certificate" designated '. "In two additional countries, same-sex marriage was legal between the time their ban was struck and subsequently lived.America recognizes the validity of more than 300 marriages issued to same-sex couples and marriages.Arkansas recognizes over 500 marriage papers issued to same-sex couples there, and the Federal Government does not take a position on marriage licenses in Arkansas.
Legal issues
The legal issues surrounding same-sex marriage in the United States are determined by the state federal government system, in which one's status, including marital status, is determined largely by individual states. Before 1996, the Federal Government did not define marriage; any marriage recognized by a country is recognized by the Federal Government, even if the marriage is not recognized by one or more states, as it did until 1967 with an inter-racial marriage, of which some countries are prohibited by law.
Prior to 2004, same-sex marriages were not made in any US jurisdiction. It was then passed in different jurisdictions through legislation, court decisions, tribal council decisions, and popular vote in the referendum.
The Supreme Court ruling at Obergefell makes the remaining legal challenges, specifically mandating states to issue marriage licenses for same-sex couples, and to recognize as legitimate marriages being conducted in other countries.
Federal law
According to the Government Accountability Office of the Federal Government (GAO) in 2004, more than 1,138 rights and protections were granted to US citizens when married by the Federal Government; affected areas including Social Security benefits, veteran benefits, health insurance, Medicaid, hospital visits, property taxes, retirement savings, pensions, family leave, and immigration law.
Since July 9, 2015, married couples across the United States have equal access to all federal benefits owned by the opposite sex partner.
The Marriage Defense Act (DOMA) was enacted in 1996. Part 2 DOMA says that no country needs to recognize the legal validity of same-sex relationships even if recognized as marriages by other countries. It is intended to alleviate the state of its mutual obligation to respect the laws of other countries as required by the full conviction of the Constitution and the credit clause. Even before DOMA, however, countries sometimes refuse to recognize marriages from other jurisdictions if they are contrary to "strongly held public policy". Most lawsuits that seek to require states to recognize marriages set out in other jurisdictions are debated on the basis of equal protection and legal process, not clauses of confidence and credit.
Section 3 DOMA defines marriage for federal law purposes as the union of one man and one woman. It was challenged in federal court. On July 8, 2010, Judge Joseph Tauro of the Massachusetts District Court argued that the refusal of federal rights and the advantage of marrying legally valid sex partners was unconstitutional under the same protection of the US Constitution. Beginning in 2010, eight federal courts found DOMA Part 3 unconstitutional in cases involving bankruptcy, civil service allowances, housing taxes, and immigration. On October 18, 2012, the Second Circuit Court of Appeal became the first court to hold a sexual orientation to become a quasi-suspect classification and apply intermediate supervision to bring Section 3 of DOMA as unconstitutional in Windsor v. United States . The US Supreme Court ruled at Windsor on June 26, 2013, that Section 3 violates the Fifth Amendment.
As a result of Windsor's decision, same-sex married couples - regardless of domicile - have federal tax benefits (including the ability to apply for federal federal income tax returns), military benefits, federal employment benefits, and immigration benefits. In February 2014, the Department of Justice expanded federal recognition of same-sex marriage to include bankruptcy, prison visits, survivors' benefits and refused to testify against spouses. Likewise in June 2014, the family medical leave allowance under the Family Medical Leave Act 1975 was extended to same-sex married couples. With respect to social security and veteran benefits, married couples are equally entitled to the full benefits of Veterans Affairs (VA) and Social Security Administration (SSA). Prior to the Supreme Court verdict in Obergefell v. Hodges on June 26, 2015, VA and SSA can only provide limited benefits for married couples living in states where same-sex marriage is illegal.. Effective March 27, 2015, the definition of a spouse based on the Family and Medical Leave Act of 1993 includes employees in same-sex marriage regardless of the circumstances of residence. Following the Obergefell decision, the Justice Department extended all federal marriage allowances to marry same-sex couples across the country.
The Federal Government recognizes marriage of same-sex couples who marry in certain countries where same-sex marriage is valid for a short time between the time a court order allows the couple to marry and a permanent court order, including Michigan. The Federal Government also recognizes marriages made in Utah from December 20, 2013 to January 6, 2014, even when the country does not. Under the same circumstances, the Federal Government never took a position in Indiana or a Wisconsin marriage was done in such a short period, though it acknowledged them when each country announced that they would do it. It did not take a position in respect of a similar marriage in Arkansas before the Obergefell decree legalized and admitted same-sex marriage in 50 states.
Opponents of same-sex marriage have worked to prevent states from recognizing same-sex unions by trying to amend the US Constitution to limit marriage to heterosexual unions. In 2006, the Federal Marriage Amendment, which would forbid countries to recognize same-sex marriage, was approved by the Senate Judiciary Committee on party-line voting and debated by the full Senate but was eventually defeated in both assemblies Congress. On April 2, 2014, Alabama State House adopted a resolution calling for a constitutional convention to propose amendments to ban same-sex marriage across the country.
State and territorial recognition
Same-sex marriage is licensed and acknowledged by all US and Washington, D.C. states, and all US territories except American Samoa. On July 3, 2015, the Attorney General for American Samoa stated "we are reviewing Obergefell v. Hodges' opinions and possible application to American Samoa, and will comment when completed." On January 6, 2016, Justice of Alabama, Roy Moore, issued a decree prohibiting state officials from issuing marriage certificates to same-sex couples. The verdict had no effect and all Alabama districts continued to issue marriage licenses for all couples or did not issue licenses at all, and in May 2016 Moore was accused of violating ethics by the State Judicial Inquiry Commission for the verdict, which was then suspended from the bench for the remainder of his term on September 30 that year.
Countries do not issue marriage certificate
Officials from nine districts in the two states, Texas and Alabama, still do not want to issue licenses for same-sex couples as of June 2017. Those wishing to marry within the state must travel to other parts of the country to obtain a license. However, some districts may require at least one person to be a resident of the area to receive a marriage certificate.
- Officers from a Texas region, Irion, issued a marriage certificate but claimed they would reject same-sex couples. Nothing implemented and no legal action taken.
- Officials in eight Alabama regions no longer issue marriage licenses. This was done in accordance with state law, which in 1961 was made to preserve racial segregation and made it optional for local officials to issue marriage certificates. Some have chosen to use this option since the Obergefell verdict.
- Some Kentucky counties initially refused to marry same-sex couples. In response, Kentucky reformed his marriage license form and removed the county officer's name from the license. In June 2016, Chris Hartmann, director of Kentucky-based Citizenship Campaign, said as far as he knew "there are no districts where marriage licenses are denied" in his country.
Parental rights
After the Obergefell, six countries, on certain occasions, sought to reject couples who were equally couples with full adoption rights to varying degrees. In Arkansas, Florida, Indiana, and Wisconsin, same-sex couples have been rejected when trying to get both names of parents listed on birth certificates. The Alabama Supreme Court seeks to overturn adoption decisions obtained by same-sex couples in Georgia, but the US Supreme Court reverses, restoring custody with foster mothers on March 7, 2016. Mississippi never forbid same-sex couples to adopt, but these mandatory legislation was ruled unconstitutional by the United States District Court for the Southern District of Mississippi on March 31, 2016. The decision was described as having the effect of making a similarly legal adoption in all 50 states.
On June 26, 2017, the Supreme Court ruled in a 6-3 vote in the case of Pavan v. Smith that under their decision at Obergefell, same-sex couples should be treated equally for opposite sex partners in the issuance of birth certificates. In December 2016, the Supreme Court of Arkansas upheld state law only allowing opposite sex couples to be automatically registered as parents on the birth certificates of their children, while prohibiting same-sex couples from being allowed equally on an equal basis. The Supreme Court quickly reversed the Arkansas Supreme Court, finding that differences in treatment were a violation of their decision at Obergefell.
Tribal law
Supreme Court decisions that legalize same-sex marriages in states and territories do not legalize same-sex marriages on Indian soil. In the United States, Congress (not a federal court) has legal authority over the state of India. So unless Congress passed a law on same-sex marriages to Indians, American-recognized Indians have the legal right to form their own marriage laws. At the time of the Obergefell government, 24 tribal jurisdictions legally recognized same-sex marriage. Some tribes have passed laws that specifically deal with same-sex relationships and some mention that state law and jurisdiction govern tribal marriages. Starting November 2017, same-sex marriage is legally recognized in 40 tribal jurisdictions.
Local law before Obergefell v. Hodges
Similarly licensed or licensed state or territory
Note: This table shows only states that same-sex marriage is licensed and recognized or has been legalized, before Obergefell v. Hodges . This does not include countries that recognize same-sex marriage from other jurisdictions but do not license it.
same-sex marriage effect
Economic impact on same-sex couples
Until the Supreme Court in June 2013 ruling at United States v. Windsor requires the Federal Government to treat married couples who are legally married on the same basis as heterosexual couples, couples who suffer heavy losses. The Federal Government does not recognize the marriage for any purpose. According to the 1997 study of the Public Accounting Firm, at least 1,049 US federal laws and regulations include references to marital status. A 2004 study by the Congressional Budget Office found 1,138 legal provisions "in which marital status is a factor in determining or receiving 'benefits, privileges and privileges. ' " Many of these laws regulate property rights , benefits, and taxation. Same-sex couples whose marriages are not recognized by the Federal Government are not eligible to benefit from Couples' Social Security and who are not eligible for benefits because of spouses of federal government employees. One study found that the difference in Social Security income for same-sex couples compared with different types of married couples is per year.
Compared with same-sex couples of the opposite sex, same-sex couples face the following financial and legal losses:
- Legal fees associated with obtaining domestic partner documents for legal ability provided automatically by legitimate marriages, including power of attorney, health care decision making, and inheritance
- A person may inherit an unlimited number of deceased partners without incurring property taxes, but be taxed if inherited from same-sex couples
- Similar-sex couples are not eligible to apply jointly as married couples and thus can not take advantage of lower tax rates when individual earnings of partners differ significantly
- Health insurance coverage provided by employers for same-sex couples is subject to federal income tax
- Higher health costs associated with lack of insurance and preventive care: 20% same-sex couples have members who have no insurance compared to 10% of married couples of different sex
- Inability to protect co-owned homes from loss due to potential medical disaster costs
- The inability of US citizens to sponsor same-sex couples for citizenship
Around 7,400 companies offered the same spouses in 2008. In countries that recognize same-sex marriage, same-sex couples can continue to receive the same benefits only if they marry. Only 18% of private companies offer domestic partner health care benefits.
Same-sex couples face the same financial constraints of legitimate marriage as different types of married couples, including marriage penalties in taxation. While social service providers typically do not count one partner asset against a meaningful income test for welfare and disability assistance for other partners, joint assets of married couples are typically used in calculating whether a married individual is eligible for assistance.
Economic impact on Federal Government
The 2004 Congressional Budget Office study, working from the assumption "that about 0.6 percent of adults will go into same-sex marriages if they have a chance" (assuming where they recognize "significant uncertainty") estimates that legalizing same-sex marriage across The United States "will increase the bottom line of the budget to a fraction: less than $ 1 billion in every 10 years". These results reflect an increase in net government income (increased income taxes due to marriage penalties more than offset the decrease in tax revenues arising from delayed land tax). The marriage recognition will increase government spending on Social Security and Health Benefits of Federal Employees but the increase will more than be made by the decrease in fees for Medicaid, Medicare, and Supplemental Security Income.
Mental health
Partly based on research that has been done on the detrimental effects of gay and lesbian stigmatization, many prominent social science organizations have issued position statements supporting same-sex marriage and opposing discrimination on the basis of sexual orientation; these organizations include the American Psychoanalytic Association and the American Psychological Association.
Several psychological studies show that increased exposure to negative conversations and media messages about same-sex marriage create a dangerous environment for LGBT populations that can affect their health and well-being.
One study surveyed more than 1,500 lesbian, gay and bisexual adults across the country and found that respondents from 25 states that prohibit same-sex marriage had the highest report on "minority stress" - the chronic social stress caused by minority- stigmatization groups - as well as general psychological distress. According to the study, the negative campaigns that come with the ban are directly responsible for the increase in stress. Previous research has shown that minority stress is associated with health risks such as risky sexual behavior and substance abuse.
Two other studies examined the personal reports of LGBT adults and their families living in Memphis, Tennessee, soon after a successful 2006 ballot campaign banned same-sex marriage. Most respondents reported feeling alienated from their community. The study also found that families experienced some sort of secondary minority stress, said Jennifer Arm, a graduate student of counseling at the University of Memphis.
In the trial Perry v. Schwarzenegger, expert witness Ilan Meyer testified that mental health outcomes for gays and lesbians would increase if laws like Proposition 8 did not exist because "when people are exposed to more stress...they are more likely to get sick... "and that particular situation is consistent with the law that tells gay people" You are not welcome here, your relationship is not appreciated. "Such a law has" significant strength ", he said. Physical health
In 2009, a pair of economists at Emory University tied state bans on same-sex marriage in the US to an increased rate of HIV infection. This study links the passage of same-sex marriage ban in a state with an increase in annual HIV levels in that condition by about 4 cases per 100,000 population.
A study by the Columbia Mailman School of Public Health found that gay men in Massachusetts visiting health clinics were significantly less likely to follow legalized state marriages in the state.
Margin statistics
There is no complete data on the number of same-sex marriages conducted in the United States. Marriage and divorce are recorded by states, counties and regions, plus New York City and the District of Colombia, but not by the federal government. The legal record of marriage and divorce belongs to the state. In August 2016, the Treasury estimated the same number of marriages by linking tax returns of same-sex couples who have filed jointly in 2014 with their Social Security records. (Although this method excludes couples soliciting individually, this is a small sum, of all married couples applying for taxes, 97.5% apply jointly.) This study shows that in 2014 there were about 183,280 married couples married in the country, or "roughly a third of 1 percent of all marriages" according to the New York Times.
The following table shows data for 2015.
According to statistics, female couples are four times more likely to adopt children, rather than male partners. In addition, the male pair earned an average pretax of $ 165,960 per year, while the lesbian couple earned $ 118,415 and the straight pair earned $ 115,210. Most same-sex marriages are celebrated in Oakland, Seattle, San Francisco, Springfield (MA) and Portland (OR), whereas most gay men's weddings are conducted in San Francisco, Washington D.C., New York City, Seattle and Fort Lauderdale.
The Population Reference Bureau reports that in October 2015 486,000 same-sex marriages have taken place in the United States. It is estimated that 45% of all same-sex couples in the country are married.
In June 2016, one year after the Supreme Court ruled in Obergefell v. Hodges , Gallup reports that nearly 1 million US adults are in same sex marriage. In June 2017, Gallup estimated that 10.6% of LGBT American adults were married, compared with 13.6% of heterosexual adults. Before Obergefell , 7.6% of LGBT adults were married.
Case law
Source of the article : Wikipedia
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