Asked by Rebecca Braswell on Jun 24, 2024

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Describe the history of same-sex marriage laws in the United States and how the full faith and credit clause of the Constitution has shaped the trajectory of this issue.In your answer,be sure to discuss the 1996 Defense of Marriage Act,the Supreme Court's decision in United States v.Windsor,and the Supreme Court's decision in Obergefell v.Hodges.

Full Faith and Credit Clause

A clause in the United States Constitution requiring each state to recognize and respect the judicial decisions, public records, and legislative acts of every other state.

Defense of Marriage Act

A U.S. federal law enacted in 1996 that defined marriage for federal purposes as the union between one man and one woman, and allowed states to refuse to recognize same-sex marriages granted under the laws of other states.

Obergefell v. Hodges

A landmark Supreme Court case that ruled state-level bans on same-sex marriage unconstitutional, effectively legalizing same-sex marriage across the United States.

  • Assess the consequences of judicial verdicts by the Supreme Court on the federal structure, specifically regarding policies on health care and the legality of same-sex marriage.
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Shah Razzakh MohammedJun 25, 2024
Final Answer :
There are four components to this question.
a.Full faith and credit clause: This requires that the states normally honor the public acts and judicial decisions that take place in another state.The principle of full faith and credit would seem to suggest that states without gay marriage would be obliged to recognize such unions in their states,just as they would recognize heterosexual marriages performed in other states.
b.History of same-sex marriage laws: in 1996,Congress passed the Defense of Marriage Act (DOMA),which declared that states did not have to recognize same-sex marriage even if it were legal in other states.DOMA also said that the federal government would not recognize gay marriage,even if legal in some states,and that same-sex partners were not eligible for federal benefits such as Medicare and Social Security.In 2004,Massachusetts became the first state to legalize gay marriage.By 2015,37 states plus the District of Columbia had legalized gay marriage,and 13 states had either state constitutional amendments or laws that barred same-sex marriage.
c.United States v.Windsor: In United States v.Windsor,the Supreme Court struck down part of the DOMA,ordering that same-sex married couples receive equal treatment on issues relating to taxes,inheritance,and other federal laws.It also opened the door for same-sex couples to receive federal social benefits on the same terms as heterosexual married couples.The court did not rule on whether states have to recognize same-sex marriages in other states.
d.Obergefell v.Hodges: This required all states to offer marriage licenses to two people of the same sex and recognize same-sex marriages licensed out of state.