Where does the law prohibit gay marriage?

Question

I feel so dumb asking this. I feel like I should've asked this a long time ago. I know that gay marriage isn't allowed in the U.S. (with the exception of a few states). I know that the national government does not acknowledge it. This is all common knowledge. But where does it say it? Can someone please point out to me the exact law the denies gay people the right to marry*?

* I also know it is a state-to-state thing. I'm referring to the national government in this case.

Yes, I still feel dumb asking this. I don't know how I stumbled on the thought. I feel the need to know "why" though. An honest to god legitimate question.

Answer 1

There's no reason to feel dumb. You're young.

First, the answer above is correct. In the USA, there's no nationally recognized same-sex marriage. The Defense of Marriage Act prevents even those marriages that are recognized within state boundaries from being recognized by the Federal government, and allows states not to recognize marriages that are performed in other states.

Here's the further deal: Marriage within various states depends on what you mean by marriage. By marriage I mean MARRIAGE: The exact same wording and rights for same-sex couples as heterosexual couples. However, there are some variations on this that include Civil Unions (some with equal marriage rights within the states, others with some restricted rights) or Domestic Partnerships (the term used mostly on the West Coast of the US.

In th US, only Massachusetts allows MARRIAGE. Vermont, Connecticut, New Hampshire (starting 1-1-08), and New Jersey offer Civil Unions, supposedly with equal marital rights. Maine, Washington state, & California have Domestic Partnerships. And Hawaii has some rights granted through Reciprocal Benefits.

In the rest of the world, the following countries recognize Gay Marriage: Canada, South Africa, Belgium, Netherlands, and Spain.

Domestic Partnerships or Civil Unions are recognized in the following: The United Kingdom, Denmark, Sweden, Norway, Finland, France, Germany, Austria, Switzerland, Hungary, Portugal, the Czech Republic, Slovenia, and New Zealand. Most of these countries have equal rights with heterosexual married couples, but I cannot guarantee that they all do.

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Answer 2

Well, marriage is a state issue and the national government cant make laws about it, so its really up to each state to define marriage for itself. Only a few states like Massachusetts and New Jersey allow gay marriage, a few allow civil unions between same sex couples. The U.S constitution doesn't define marriage anywhere, because it's not under national jurisdiction, so really there is nothing in U.S national law that prohibits gay marriage.

Many states have actually passed amendments to their constitutions that define marriage and prohibit gay marriage, which is bad for us because only a supreme court decision can change an amendment to a constitution.

However, the necessary and proper clause of the united states national constitution allows the national government to step in and address "states issues" if they are in violation of peoples rights or are discriminatory on the basis of race, gender, etc...

But whether or not defining marriage to a man and a woman is really discriminatory has not been settled yet, so the necessary and proper clause really hasn't been used in this case.

I'm not a politics expert or something, but im in a debate society, and this is what i've gathered from hearing numerous debates on the subject, so my information might not be 100%, but im pretty sure i got it mostly right. I hope this helps though and answered your question.

Answer 3

It totally depends on the state. Some states have specific laws that prohibit gay marriage. Others have constitutional restrictions that people voted for. Others had courts that said marriage was an institution between a man and a woman (NY). Still, others don't really have any laws on the book that say "marriage is between one man and one woman," but they just haven't ever entered into the practice of marrying people of the same sex. That last bit is what happened in Rhode Island and New Mexico, both of which have ruled that their citizens CAN get legally married in Massachusetts.

On the other side of the coin, only one state actually allows people to get married in that state: Massachusetts. The reason is because our constitution has a clause in it that bars descrimination. The Commonwealth's Supreme Judicial Court decided, in the Goordridge Decision, that it would be illegal for the state to stop gay people from getting married because it would violate the state's constitution.

Lastly, on the federal level there exists a law called DOMA: the "Defense of Marriage Act." It basically does two things: prevents state gay marriages and civil unions from applying to federal benefits, like federal pensions or social security. Secondly, it said that states don't have to recognize marriages from other states. It's a horrendous law that is very hurtful to people with both civil unions and gay marriages, especially those who have lost loved ones and can't pass on things like their federal pensions and health benefits.

Answer 4

It doesn't necessarily mean gay marriages are legal. But the trend is obvious and with time it will become legal in many states. If they do not do this, then if the legislature does not legalize it, courts may do so. Courts are not as easily swayed by public opinion since they are not directly accountable. Also like David Boies said, when fear and prejudice go on trial, fear and prejudice lose. By enshrining it in the constitution they hope to prevent the judiciary from ruling on it. This may or may not be a smart move. It will likely be challenged in supreme courts and will likely hasten a blanket decision on the issue. Having seen the case presented by the prop 8 proponents, the likelihood is gay marriage has a fair chance of being legalized nation wide.

Answer 5

Well, I know in Wisconsin there recently was a vote deciding whether or not gay marriage should be legal, and it isn't..since I'm not 18 years old I couldn't have voted though.

As for the exact law...sorry I don't know really anything about laws and stuff, I'm only 15 :/

And as for the reason why, all the people I asked said the same two things: either God said it's evil, or they're homophobic.

Hope you get the detailed answer you were looking for though, since I'm pretty clueless
.

Answer 6

Massachusetts is the only state that allows gay marriage. Four other states allow civil unions (Vermont, Connecticut, New Jersey, and New Hampshire as of Jan. 1st, 2008), California has domestic partnerships with limited rights, and Hawaii has certain rights that they extend to both gay couples and straight, unmarried couples who are living together. 45 states have explicitly banned gay marriage either through a constitutional amendment or a state law. Only one state has so far voted down a anti-gay marriage ballot initiative (either Colorado or Arizona).

Answer 7

The federal Defense of Marriage Act (DOMA) defines marriage as a legal union between one man and one woman for purposes of all federal laws, and provides that states need not recognize a marriage from another state if it is between persons of the same sex. Forty states have their own Defense of Marriage Acts (DOMAs).

Massachusetts has had legal gay marriage for well over two years. The federal government has no control over the states decision on the issue.

Answer 8

Dear ∴ π.Ģr∀πħ,
Hear in Michigan it was called “Proposition 2” It was voted on and passed 3 years ago.
It is NOW an amendment in our state constitution; “Mirage shall hens fourth be defined as the union of one man and one woman”.
Personally I’m still waiting to see how it will hold up when the first Hermaphrodite ask the Supreme Court to define who they will be allowed to marry as they are neither male nor female.
PennyAnn

Answer 9

USC, TITLE I, CHAPTER I, SECTION 7.

Section 7. Definition of "marriage" and "spouse"

In determining the meaning of any Act of Congress, or of any
ruling, regulation, or interpretation of the various administrative
bureaus and agencies of the United States, the word "marriage"
means only a legal union between one man and one woman as husband
and wife, and the word "spouse" refers only to a person of the
opposite sex who is a husband or a wife.
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Which is why, when any state attempts to legislate legal recognition of a "gay marriage" it is automatically reversed, or soon after. States may not violate the USC.
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The above herewith presented by a citizen, not any member of any bar association, nor any counselor at law. No legal advice herewith offered.

Answer 10

Gay marriage is prohibited in Australia, New Zealand and Fiji.

I know because I'm Australian. The Marriage Act (1961) sets out that two who enter marriage must be over 18 and they must be a male and female couple.