Same Sex Marriage
Essay Preview: Same Sex Marriage
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The movement to open civil marriage to same-sex couples achieved its first temporary success in 1993 with the decision of the Hawaii Supreme Court that the restriction of marriage to opposite-sex couples would be presumed unconstitutional unless the state could demonstrate that it furthered a compelling state interest. In response to this decision the state constitution was amended to allow the legislature to preserve that restriction. A similar court decision in Alaska in 1998 led to an even stronger constitutional amendment, itself defining marriage as between one man and one woman. In further reaction to the Hawaii case, the federal Defense of Marriage Act (1996) provided that no state would be required to recognize a same-sex marriage from another state, and also defined marriage for federal-law purposes as opposite-sex. The majority of the states also passed their own “marriage protection acts.” (In November 2004, eleven more U.S. states amended their constitutions to prohibit same-sex marriage.)
In Vermont, after that states Supreme Court held in 1999 that the state must extend to same- sex couples the same benefits that married couples receive, the legislature in 2000 created the status of “civil union” to fulfill that mandate. Connecticut adopted a similar civil union law in 2005.
In 2001, the Netherlands became the first country to open civil marriage to same-sex couples. (Belgium became the second in 2003.) In 2002 through 2004, courts in six Canadian provinces held that the opposite-sex definition of marriage was contrary to Canadas Charter of Rights, and in 2005 federal legislation extended same-sex marriage to all of Canada. Same-sex marriage was also legalized in Spain in 2005 , and in South Africa in 2006.
In November 2003, the Massachusetts Supreme Judicial Court held that excluding same-sex couples from the benefits of civil marriage violated the state constitution,