Essay - Same-sex Marriages: Legal Issues Same-sex Marriage in the United States...

same-sex marriages: LEGAL ISSUES

Same-sex marriage in the United States is fraught with legal complications, which do not only restrict issuance of marriage license but also create problems with other basic civil rights connected with marriage such as child custody, social security benefits, medical leave etc. In 2004, Massachusetts became the first state to *****ize same-sex ***** while some other states recognize ***** union under categories such as civil *****, domestic partnerships and reciprocal beneficiary relationships. However these recognitions exist in handful of states while a v*****t majority of them endorse Defense of Marriage Act (DOMA) in one form or another. There is no federal law recognizing same-sex *****s. In fact during Clinton era, ***** was passed ***** restricted recognition of any marriage except the one that took place between " ***** man and one woman."

The problems faced by ***** couples are *****t restricted to marriage. Some courts may issue a ***** after a case in filed ***** is successfully fought. But even after *****suance of license, the problems arising from inability to get child ***** ***** reap benefits of marriage through state *****s can consistently challenge a same-sex union. Chanen (2004) cites an example to highlight the legal issues: "When the city of San Francisco began issuing marriage licenses to same-sex couples earlier this year, at*****rney Frederick Hertz received a c*****ll ***** a client seeking advice on whether she and her lesbian partner should obtain one. Hertz, whose office is across San Franc*****co Bay in Oakland, had no easy answer. "I said to her that when you get married and apply for a loan, the bank's ***** application does not have a box next to 'Single,' 'M*****rried' ***** 'Divorced' that says

***** license applied for, validity in question,' " recalls Hertz."

The ***** issues arise from state laws ad*****ence to federal legislation like DOMA which specifically prohibit same-sex *****s: "No State, terri*****ry, or possession of the United States, or Indian tribe, shall be required to give effect to ***** public act, record, or judicial proceeding of any o*****r State, territ*****y, *****, or tribe respecting a relationship between persons ***** the same sex that is treated as a marriage..." The law fur*****r ***** that "the w*****d '*****' means only a legal union between ***** man and one ***** as husband and wife, ***** the word 'spouse' refers ***** to a person of the opposite ***** who ***** a husband or a wife." With such *****s in pr*****ctice, ***** and ***** surrounding a same-sex union are multifaceted.

***** a marriage license issued to a heterosexual couple is recognized throughout the country, ***** same is ***** true for same-sex *****. It is important to understand that state laws or rights have a very limited scope. They ***** of use within that state and not across the country. For ***** re*****on while Massach*****tts State Supreme Court recognizes same sex *****, the license thus issued would only be recognized in Mass. Similarly any ***** arising out of this license would not be offered