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What If One State Same-Sex Marriages Had To Be Recognized
Same-sex marriages are not recognized in most states in America. Even a partnership among same-sex is not recognized. Congress passed the Defense of Marriage Act in 1996 which now frees the state from recognizing same-sex marriages entered in other states of America. However, if same-sex marriages were recognized in even one state, it would have a profound impact across U.S. considering that 30 states have passed statutes prohibiting recognition of same-sex marriages. |
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There are many gays and lesbians in U.S. who want to have the right to get married like heterosexuals. They do not want to be discriminated in anyway whatsoever. Many gay, lesbian, bisexual and transgender (GLBT) activists have been waging a war with the government for decades to allow same-sex marriages.
Even if one state allows and recognizes same-sex marriage, many gays and lesbians would head over to that state to legalize their partnership. However, this partnership would not be considered legal in other states. This is in total contrast to the Full Faith and Credit clause of the U.S. Constitution which requires states to recognize same-sex partnerships and marriages. There is no obligation on part of one state recognize a same-sex marriage conducted in another state.
Recently a new U.S. Supreme Court decision in Lawrence and Garner v. Texas struck down the Texas ban on gay sex as unconstitutional. This may be the first step for recognition of same-sex marriages, but that might still be a very long way off.
The United States government gives 1,138 benefits to legally married couples. These benefits are at country level and state level. If one state recognizes same-sex marriage, there will be a lot of questions about these benefits which range from assumption of spouse’s pension, automatic inheritance, bereavement leave, automatic lease transfer, burial determination, child custody, divorce protections, joint adoption and foster care, domestic violence protection to insurance breaks.
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