The Legalities of Same-Sex Marriage 1

The Legalities of Same-Sex Marriage

By

Kalyn Wright

The North Carolina Agricultural & Technical State University

December 8, 2020

JOMC 393.03A

Final Exam Paper

Professor Gary Guffey

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Table of Contents

Abstract................................................................................................................................3

Introduction..........................................................................................................................4

History of LGBTQ Movement.........................................................................................4-7

Challenges that the LGBT Community Still Have to Face..........................................7-8

The Media’s influence on the LGBTQ Community.................................................8-9

Conclusion...........................................................................................................................9

Bibliography.................................................................................................................10-11
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Abstract

Marriage is supposed to be the unification of two people who love one another and want

to be partners for the rest of their lives. Nonetheless, for decades, the debate between whether or

not states should allow same-sex couples to get married with benefits has been ongoing. In order

for same-sex couples to get married and claim the same benefits as non-married heterosexual

couples, they had to battle it out case by case. That being said, in my research, I plan to

determine the importance behind this controversial issue as well as the legal aspects taken into

account. Although currently all fifty states allow same-sex couples to wed and receive benefits,

that wasn’t always the case. Therefore, I want to learn the history of the LGBTQ movement, the

importance of the media and its involvement with the views of this community, and if there are

currently any obstacles that they still have to face.

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Introduction

The issue with legalizing same-sex marriage has been a controversial topic for many

decades. The LGBTQ community has been fighting for the right to have the same opportunities

as heterosexual couples. LGBTQ is an acronym for “lesbian, gay, bi-sexual, trans-gender, and

queer.” According to recent research, in 2009, almost 40% of adults in the United States

supported same-sex couples to get married. Moreover, in 2017, the percentage of adults rose to

62% (Masci et al., 2019). As of now, all of the United States allow same-sex couples to wed.

Nonetheless, the United States wasn’t the first and only country to allow same-sex marriages. In

research from Masci et al., in 2000, the Netherlands was the first nation to legalize same-sex

marriage (2019). Thereafter, other European, South American, and North American countries

have legalized gay marriages. Countries like, “England, Wales, France, Brazil, Ireland,

Scandinavia, Canada, Columbia, Spain, Austria, Germany, Ecuador, New Zealand, South Africa,

and parts of Mexico” (Masci et al., 2019).

History of the LGBTQ Movement

Although all countries, today, allow same-sex couples to get married, it wasn’t always

that way. In late June to early July of 1969, there were riots that were held in New York City at

the Stonewall Inn (Pruitt, 2019). According to new research, police would attack the Stonewall

Inn, a bar in Greenwich Village that served as a place for people of the LGBTQ community to

drink and socialize. (Pruitt, 2019). These surprise attacks were common during this time, because

homosexual acts were considered illegal (Pruitt, 2019). However, in research from Pruitt, there

was one night when the people of the LGBTQ community actually fought back against the police

(2019). This night was the event that sparked the fight for gay rights.
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Furthermore, according to new research, in the year after the Stonewall Riots, a gay

couple, Richard Baker and James McConnell, put in an application for a marriage license in

Minnesota (History.com Editors, 2020). However, since they were a same-sex couple, Clerk

Gerald Nelson didn’t approve their application. When this case was seen by a trial court, the

outcome was the same. Therefore, in 1971, Baker and McConnell took the case to the Supreme

Court in what’s known as Baker v Nelson. Unfortunately, the court’s decision was the same as

the trial court (History.com Editors, 2020). Moreover, in 1972, Baker and Nelson tried to appeal

to the Supreme Court again; however, the Supreme Court rejected even seeing them and declared

a ruling that no federal court should give a ruling on same-sex marriage leaving the state courts

to ultimately decide (History.com Editors, 2020).

For years after the Baker v Nelson case, many couples tried and failed. It wasn’t until the

late 1980s, when members of the LGBTQ community started to see some light in the tunnel.

According to new research, in 1989, the San Francisco Board of Supervisors enacted a law that

approved same-sex couples and unmarried heterosexual couples to register for domestic

partnership (History.com Editors, 2020). This partnership granted hospital visitation and many

other benefits. In 1992, the Washington D.C. followed San Francisco by enacting a similar law

(History.com Editors, 2020). Moreover, in the next year, states began to go after the major

issues. “In 1993, the highest court in Hawaii ruled that a ban on same-sex couples getting

married may violate the state constitution’s Equal Protection Clause” (History.com Editors,

2020). This was considered the first step closer to making same-sex marriage legal in the United

States.

Unfortunately, once the LGBTQ community got one step closer, they had to move two

steps back. According to new research, due to Hawaii’s court decision, in 1996, the United States
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Congress passed the Defense of Marriage Act, also known as DOMA (History.com Editors,

2020). DOMA allowed for same-sex marriages; however, it stated that no same-sex couple

would receive federal marriage benefits if they were to get married (History.com Editors, 2020).

“This includes not being able to file income taxes together, sponsor spouse for immigration

benefits, nor receive spousal social security payments, among numerous other benefits”

(History.com Editors, 2020).

Moreover, in 2003, Massachusetts legalized gay marriage, without any benefits, in

response to the ruling of Goodridge v Department of Public Health. This made Massachusetts the

first state to take legal action (History.com Editors, 2020). In spite of that, according to new

research, within those next three years, ten conservative states; along with Oregon, Kansas,

Texas and seven more states, passed a state-level ban against same-sex marriage (History.com

Editors, 2020).

Fortunately, in research from Totenberg, in June of 2013, the Supreme Court abolished

the federal Defense of Marriage Act (2013). “This meant that the federal government would

provide the same benefits to same-sex couples as heterosexual couples who want to get married”

(Totenberg, 2013).

Two years later, the LGBTQ community was granted a huge accomplishment when a

case known as Obergefell v Hudges came into the Supreme Court. According to new research,

lead plaintiff, Jim Obergefell, sued the state of Ohio because he was not allowed to sign his name

on his late husband’s death certificate (History.com Editors, 2020). “His argument fell under the

notion that Ohio’s laws violated the Fourteenth Amendment and the Equal Protection Clause”

(History.com Editors, 2020). Therefore, in research from Zorthian, in late June of 2015, the

Supreme Court ruled that all 50 states must allow same-sex couples to get married (2015). “This
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ruling added a new meaning to this issue that had been controversial even as an increasing

number of Americans have expressed their support for equal marriage rights for LGBTQ

couples” (Chappell, 2015).

Challenges that the LGBTQ Community Still Have to Face

Although the fight for LGBTQ rights in the United States has come a long way, there are

still some obstacles that people of the LGBTQ community face today. In research from Curry,

there are seven common challenges that the LGBTQ community has to endure (2017).

The first obstacle is violence. Hate crimes against LGBTQ individuals are still happening today.

For instance, “in 2015, a little over 20% of hate crimes in the United States were because of

sexual orientation and gender identity” (Curry, 2017). The second obstacle that the LGBTQ

community has to face is parenting. According to new research, there aren’t that many states that

allow same-sex couples to parent together (Curry, 2017). In addition, there are 5 states in the

United States that legally allow for adoption agencies to reject adoption to same-sex couples,

simply because of their sexual orientation (Curry, 2017). As of 2017, in research from Curry,

California is the only state that bans discrimination against same-sex couples wanting to parent

together (2017). The third challenge in front of the LGBTQ community is employment

discrimination. In research from Curry, some states allow companies and businesses to have the

ability to fire LGBTQ individuals, due to their sexual orientation or gender identity (2017).

“Although more than 20 states have ban discrimination, more than half of the United States

haven’t passed a non-discrimination law” (Curry, 2017). The fourth challenge that the LGBTQ

community has to endure is housing discrimination. According to recent research, LGBTQ

individuals can be legally rejected housing, due to their identities (Curry, 2017). “Based on the
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United States Department of Housing and Urban Development reports in 2013, same-sex couples

undergo hostile treatment in renting homes online. In addition, there are currently twenty-eight

states where this discrimination is legal” (Curry, 2017). The fifth obstacle that they have to face

is public accommodations. In research from Curry, all Americans have the right to safe access to

goods and services, facilities, and benefits in the public domain (2017). However, according to

new research, there are instances where trans-gender and gay individuals have to fight for the

right to use certain facilities. To give an example, “trans-gender kids in school have to battle it

out with students or teachers in order to use the restroom that best suits their gender identity”

(Curry, 2017). The sixth challenge they have to face is unequal healthcare. “Individuals of the

LGBTQ community have to fight for better access to healthcare, equal treatment from doctors,

and are constantly being rejected by health insurance companies” (Curry, 2017). According to

recent research, health insurance companies can continue to discriminate against LGBTQ

individuals in 37 states (Curry, 2017). The seventh obstacle that members of the LGBTQ

community have to commonly endure is acceptance. Laws can fix just about any one of these

obstacles, except for this one. Acceptance comes from the heart of people. In research from

Curry, almost 40% of young LGBTQ individuals are homeless, due to their families rejecting

them. In addition, about 41% of trans-gender adults commit suicide, followed by 10% to 20% of

lesbian women, gay men, and bisexual individuals committing suicide as well (2017).

The Media’s Influence on the LGBTQ Community

In research from Ayoub, the media can have a transnational effect on creating political

attitudes towards individuals of the LGBTQ community (2018). Throughout the years, there has

been an increase in LGBTQ representation in news, television, and movies. For instance, the
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Ellen DeGeneres show, Dawson’s Creek, Degrassi, One Day at a Time, and Eden Lane of PBS.

Moreover, throughout the years, the news has covered more about gay rights and how it has

become politicized (Ayoub, 2018). Nonetheless, according to new research, the youth’s exposure

to more individuals of the LGBTQ community, in media, corresponds with their views of them

and it has a huge impact of socialization (Ayoub, 2018). In other words, if people of the LGBTQ

community have more positive representation in the media, then others might start to feel more

tolerant towards the people of that community (Ayoub, 2018).

Conclusion

Although the discussion about whether or not couples of the same-sex should be allowed

to get married has been a controversial topic, the issue has progressed in a tremendous way since

the Stonewall riots. To think there was a time when police would invade individual’s privacy

simply because they were committing homosexual acts is heartbreaking. Nonetheless, today, in

regards to marriage, couples of the same-sex have the same opportunities and privileges as non-

married heterosexual couples. After reviewing my research, I have a better understanding of the

LGBTQ movement’s history, the media’s involvement, and some challenges that they still might

go through.
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Bibliography

Ayoub, P. M. (2019, August 15). How the Media Has Helped Change Public Views

about Lesbian and Gay People. Scholars Strategy Network.

https://scholars.org/contribution/how-media-has-helped-change-public-views-about-

lesbian-and-gay-people

Chappell, B. (2015, June 26). NPR Choice page. NPR.

https://choice.npr.org/index.html?origin=https://www.npr.org/sections/thetwo-

way/2015/06/26/417717613/supreme-court-rules-all-states-must-allow-same-sex-

marriages

Curry, C. (2017, June 20). 9 Battles the LGBTQ Community In The US Is Still Fighting.

Global Citizen. https://www.globalcitizen.org/en/content/9-battles-the-lgbt-community-

in-the-us-is-still-fi/

History.com Editors. (2020, June 2). Gay Marriage. HISTORY.

https://www.history.com/topics/gay-rights/gay-marriage

Masci, D., Brown, A., & Kiley, J. (2019, June 24). 5 facts about same-sex marriage. Pew

Research Center. https://www.pewresearch.org/fact-tank/2019/06/24/same-sex-marriage/

Pruitt, S. (2020, June 23). What Happened at the Stonewall Riots? A Timeline of the

1969 Uprising. HISTORY. https://www.history.com/news/stonewall-riots-timeline

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Totenberg, N. (2013, June 26). NPR Cookie Consent and Choices. NPR.

https://choice.npr.org/index.html?

origin=https://www.npr.org/2013/06/26/195956196/supreme-court-extends-gay-

marriage-rights-with-two-rulings

Zorthian, J. (2015, June 26). These are the States Where SCOTUS Just Legalized

Same-Sex Marriage. Time. https://time.com/3937662/gay-marriage-supreme-court-states-

legal/
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