In 2015, the United States Supreme Court officially legalized same-sex marriage in all 50 states, ending 20+ years of legal battles. This pivotal decision allowed courts across the nation to recognize same-sex unions. It also made previous same-sex marriage bans void, deeming them unconstitutional based on the Fourteenth Amendment of the US Constitution, which grants citizens “equal protection of the laws.”
What Is Same-Sex Marriage?
Same-sex marriage (also known as gay marriage) refers to the union of two women or two men. With the legalization of same-sex marriage, these marriages are now recognized by the law.
Marriage Laws In The US
In the United States, marriages are governed by state laws, so the laws vary state by state.
Before 2015, most US courts did not grant same-sex couples marriage licenses, denying them the rights and privileges of heterosexual couples. Furthermore, in 1996, the US Congress enacted the Defense of Marriage Act (DOMA), which stated that same-sex marriages would not be recognized for federal purposes and that states are not required to acknowledge same-sex unions.
Between the late 90s and early 2010s, however, several states amended their constitutions and statutes to legally recognize same-sex marriage. Then, on June 26, 2015, in Obergefell vs. Hodges, the US Supreme Court ruled to legalize same-sex marriage in the entire nation. The ruling nullified same-sex marriage bans in every state and bringing marriage equality to the United States. Read more about same-sex marriage in Virginia.
What Does The Legalization Of Same-Sex Marriage Mean?
The primary reason behind the legalization of same-sex marriage was to grant equal rights; supporters argued that prohibiting same-sex unions was discriminatory and violated the Fourteenth Amendment, which requires equal treatment under federal and state laws.
With the legalization of same-sex marriage, same-sex couples are granted the same benefits as heterosexual couples, including marital tax deductions, inheritance without tax consequences, and the ability to make medical decisions on behalf of one’s spouse. Government recognition of same-sex unions also benefits families with same-sex parents helping alleviate financial burdens and supporting better child development.
Legal same-sex marriages also create economic advantages since it fuels the multi-million dollar wedding industry.
The legalization of same-sex marriage also encourages a more positive public view of the LGBTQ+ community. It broadens the definition of equality and helps create a culture of acceptance.
Same-Sex Marriage Bans Still “Exist”
Despite the nationwide legalization of same-sex marriage, some states continue to have outdated same-sex marriage bans in their constitution and statutes. The laws are no longer valid, but local lawmakers are still actively working to repeal them. However, because of opposition and bureaucratic process, they do not rank high on legislative priorities.
Aside from constitutional and statutory same-sex marriage bans, some new bills also poke holes in same-sex marriage. As a result, lawmakers, human rights activists, and pro-LGBTQ+ unions are constantly looking to protect same-sex marriage and the benefits of these unions.