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MINISTRY OF FOREIGN AFFAIRS DIPLOMATIC ACADEMY OF VIETNAM ENGLISH FACULTY COUNTRY STUDY Same-sex marriage law in the United States Course instructor: ASSOC PROF DR Kieu Thi Thu Huong Student: Pham Thi Diu Class: TA43A Student ID number: TA43A-002-1620 Hanoi, January, 2018 ACKNOWLEDGEMENT With my limited time and knowledge, I understood that it was such a dangerous decision when I make up my mind to write this topic When there were several ideas sprang to my mind, I told them to some my friends And almost of them said to me that I could never make this thesis completed and I should better change to another easier theme But I believed that “You will never reach your destination if you stop and throw stones at every dog that barks”, I did, and today, this thesis is in your hand… I would like to show my gratitude to ASSOC PROF DR Kieu Thi Thu Huong for teaching me enthusiastically for a quite long time and sharing her pearls of wisdom as well as experiences in writing study with me In spite of my endeavours of learning and finding the references for my thesis, it is inevitable that the thesis has shortcomings, I am looking forward to receiving the advices and contributions from you for my more completed thesis Thank you and Sincerely! ABSTRACT American citizens have struggled for decades to create same-sex marriage law which allows gay and lesbian couples across the United States to be able to equalize their marriage registration Same-sex marriage law has gradually been applied throughout the United States from the Federal Government’s ruling in “Obergefell v Hodges” and the Supreme Court about changes in the Defense of Marriage Act (DOMA) There are many legal issues surrounding this law such as tribal law, federal law, and parental rights About this law, there are a great number of politicians and public expressing their own opinions and viewpoints, which have some effects on the law in general Other impacts accompanied on the Federal Government and same-sex couples in terms of economy, population and health also are an indispensable part in this thesis TABLE OF CONTENTS Page CHAPTER 1: INTRODUCTION 1.1 Rationale for study The American's legalization of same-sex marriage in all 50 states was seen as an important step in helping LGBT Americans in the United States have a happier and more equal life than ever before This was also considered as a historic victory for LGBT rights activists However, there are many people who has still not known about and understood much the history of this law, the barriers, the arduous struggles in decades for this law In modern society, same sex marriage is normal and should be accepted, everyone has the right to love, be loved and have a family Therefore, understanding the history of this law as well as the process of struggle and the issues surrounding it will make people's mind up and this will also be a firmly foundation on the fight for freedom of marriage of all citizens all over the world In addition, I am interested in this topic myself And going to the theme in a serious and strict manner is also an opportunity for me to cultivate my ability to learn about British and American Studies and get acquainted with the work of doing scientific research even if only on a small topic This itself motivated me to write my study with the theme named “Same-sex marriage law in the United States” 1.2 Scope of the study This essay will give readers comprehensive and specific looks as well as the important information about history and legal issues about same-sex marriage law in the United States This means that it will include significant events since it was a small movement in the early years until it got 5/4 of the votes and officially became a legal law throughout the United States in 2015 Besides, the essay also brought to the most objective happening as well as viewpoints about the arguments between factions and opinions of politicians around the law before it came to unification One part of the thesis is also research and assessment of this law's influences on several aspects of the United States 1.3 Organization of the study This thesis shows the comprehensive outlook on same-sex marriage law in the US The organization of this thesis is as follows Chapter is Introduction which incudes my Acknowledgement, Abstract and Table of Contents Chapter includes four small sections I first describe the period of history when same-sex marrige became the law throughout 50 states in the US Then I provide information about legal issues surrounding this law In next part, I extend my performance studies by analysing how people reacted and express opinions on the law The last section in Chapter highlight and focus on how same -sex marriage law effects on American in general Chapter is Conclusion which summarises what I have performed And the last part in the thesis is References which cites titles, document and reportages as well as name of their writers I have used to support for my work CHAPTER 2: MAIN CONTENT 2.1 History of same-sex marriage law in the United States Before the 1970s, same-sex marriage was very seldom mentioned or recognized as a political issue In August 1953, officials of the U.S Post Office put off delivery of that monthly issue of ONE magazine, with cover story "Homosexual Marriage?" and at the same time, they also tried to determine if its contents were obscene In June 1971, at New York City’s Marriage License Bureau, members of the LGBT Activists Alliance requested marriage rights for same-sex couples In October 1971, the Minnesota Supreme Court ruled that the laws of Minnesota which prohibit marriages between homosexuals were not violation in federal constitution Supreme Court also dismissed Baker v Nelson - a Minnesota case filed by a gay couple seeking to marry, "for want of a substantial federal question." During the 21st century, there was a considerable number of people supporting same-sex marriage in the U.S when some countries elsewhere all over the world were opening marriage for same-sex couples, and national surveys conducted since 2011 revealed that a majority of Americans support legalizing it However, at the same time, lots of states also passed the law to ban against same-sex marriage, by legislative way or by referendum On November 18, 2003, the Massachusetts Supreme Judicial Court ruled in Goodridge v Department of Public Health that denying marriage rights to same-sex couples violated the Massachusetts Constitution Massachusetts became the first United States and the sixth jurisdiction in the world to legalize same-sex marriage on May 17, 2004 On May 9, 2012, the president Barack Obama became the first sitting U.S President to publicly declare support for the legalization of same-sex marriage Six months later, Maine, Maryland and Washington were three first states to legalize same-sex marriage through popular vote On June 26, 2013, the U.S Supreme Court issued a 5/4 decision in United States v Windsor, ruling Section of DOMA (Defense of Marriage Act) unconstitutional "as a deprivation of the equal liberty protected by the Fifth Amendment." The decision was widely quoted by both sides in same-sex marriage lawsuits In the two years following Windsor, while two U.S district courts and one state court did not find that same-sex marriage bans violate the U.S Constitution, U.S district courts in 27 states and state courts in six states and one state court ruling addressing only the recognition of same-sex marriages from other jurisdictions, did Finally, in November 2014, the flow of federal appeal cases rejecting same-sex marriage bans was interrupted Bans on same-sex marriage or its recognition was found and considered to be unconstitutional by the panel ruling reversed six U.S district court rulings, reinstating State bans in the four states (Kentucky, Michigan, Ohio and Tennessee) On January 16, 2015, the U.S Supreme Court agreed to hear four cases which were Obergefell v Hodges (Ohio), Tanco v Haslam (Tennessee), DeBoer v Snyder (Michigan), and Bourke v Beshear (Kentucky) on whether states may constitutionally ban same-sex marriages or reject to recognize same-sex marriages legally took place in another state Decided by the court under the heading of Obergefell on June 26, 2015, a 5/4 majority of justices led by Justice Anthony Kennedy declared that the Court's rulings must evolve in the light of better understanding of discrimination and the constitutional protections to protect minorities, and that same-sex couples have the constitutional rights to marry and to have their own marriages recognized According to the Fourteenth Amendment, starting on June 26, 2015, gay and lesbian couples across the United States were able to equalize their marriage registration, protected by law Marriage and related laws such as divorce, etc They are entitled to all rights and obligations as a heterosexual couple 2.2 Legal issues around United States same-sex marriage law Before 2004, same-sex marriage was not performed in any U.S jurisdiction It was subsequently legalized in different jurisdictions through court rulings, tribal council rulings, legislation and popular vote in referenda The Supreme Court's ruling in Obergefell's case gives lumbering legal challenges, because it specifically orders states to both issue marriage licenses for same-sex couples and to recognize as valid marriages performed in other states 2.2.1 Same-sex marriage under United States federal law In 2004, according to the Federal Government's Government Accountability Office, Federal Government gave U.S citizens more than 1,138 protections and rights in marriage; fields affected include Social Security benefits, veterans' benefits, health insurance, hospital visitation, estate taxes, retirement savings, pensions, family leave, and immigration law Since July 9, 2015, married same-sex couples in the United States have equal approach to all the federal benefits like married opposite-sex couples have The Defense of Marriage Act (DOMA) says in Section that no state needs to recognize the legal validity of a same-sex relationship even if recognized as marriage by another state while DOMA's Section defined marriage for the purposes of federal law as a union of one man and one woman Beginning in 2010, eight federal courts found DOMA Section unconstitutional in cases involving bankruptcy, public employee benefits, estate taxes, and immigration On June 26, 2013 the U.S Supreme Court also ruled in Windsor that Section violated the Fifth Amendment As a result of the Windsor decision, married same-sex couples regardless of domicile have benefits of federal tax, military, federal employment and immigration In February 2014, the Justice Department recognized of same-sex marriages to include bankruptcies, prison visits, survivor benefits and refusing to testify against a spouse In the same way, in June 2014, family medical leave benefits were extended to married same-sex couples Formerly, the Veterans Affairs (VA) and the Social Security Administration (SSA) could provide only limited benefits to married same-sex couples living in states where same-sex marriage was not legal However, after the Supreme Court's ruling in Obergefell v Hodges on June 26, 2015, same-sex married couples are also eligible for full benefits Following the Obergefell decision, the Justice Department extended all federal marriage benefits to married same-sex couples nationwide Opponents of same-sex marriage have attempted to amend the United States Constitution to define marriage as a union between one man and one woman In 2006, the Federal Marriage Amendment, which would prohibit states from recognizing same-sex marriages, was approved by the Senate Judiciary Committee on a party-line vote and was debated by the full Senate However, it was finally defeated in both houses of Congress On April 2, 2014, the Alabama State House adopted a resolution calling for a constitutional convention to propose an amendment to ban same-sex marriage nationwide 2.2.2 Same-sex marriage under United States tribal law The Supreme Court decision in Obergefell v Hodges that legalized same-sex marriage in the states and most territories did not legalize same-sex marriage on Indian lands In the United States, Congress (not the federal courts) has legal authority over Indian country Thus, unless Congress passes a law regarding same-sex marriage for Indian tribes, federally recognized American Indian tribes have the legal right to form their own marriage laws As such, the individual laws of the various United States federally recognized Native American tribes set the limits on same-sex marriage under their jurisdictions Most, but not all, Native American jurisdictions have no special regulation for marriages between people of the same sex or gender Many Native American belief systems include the two-spirit descriptor for gender variant individuals and accept two-spirited individuals as valid members of their tribes Same-sex marriage is possible in at least 40 Native American tribes, beginning with the Coquille Indian Tribe (Oregon) in 2009 Marriages performed in these Native American tribes were first recognized by the Federal Government in 2013 after section 10 of the Defense of Marriage Act (DOMA) was declared unconstitutional in United States v Windsor As of the time of the Obergefell ruling, 24 tribal jurisdictions legally recognize same-sex marriage Some tribes have passed legislation specifically addressing same-sex relationships and some specify that state law and jurisdiction govern tribal marriages As of November 2017, same-sex marriage is legally recognized in 40 tribal jurisdictions 2.2.3 Parental rights Before Obergefell, six states have tried to deny same-sex couples full adoption rights to varying degrees In Arkansas, Florida, Indiana, and Wisconsin, same-sex couples have been met with rejection when trying to get both parents' names listed on the birth certificate Alabama's highest court attempted to void an adoption decree obtained by a samesex couple in Georgia, but on March 7, 2016, the United States Supreme Court unanimously reversed the Supreme Court of Alabama The court ruled that the Alabama Supreme Court was incorrect when it refused to recognize the adoption decree from Georgia, ruling that the Full Faith and Credit Clause had been violated The court's decision had the effect of the adoption decree from Georgia being recognized in Alabama, and V.L.'s parental rights being restored The case was remanded to the Supreme Court of Alabama for further proceedings The ruling was described as having the effect of making same-sex adoption essentially legal in all 50 states On June 26, 2017, the U.S Supreme Court granted the petition for a writ of certiorari sought by the plaintiff parents and reversed the Arkansas Supreme Court The Court held by a 6-3 vote that Arkansas' law only allowing for opposite-sex couples to be named on their children's birth certificates was an unconstitutional breach of their ruling in Obergefell v Hodges The Supreme Court also ordered all states to treat same-sex couples equally to opposite-sex couples in the 11 issuance of birth certificates These court rulings have made adoption by same-sex couples legal in all 50 states 2.3 Opinions of Politicians and Media 2.3.1 Opinions of Politicians Obama supported legalizing same-sex marriage when he first ran for the Illinois Senate in 1996, was undecided about legalizing same-sex marriage when he ran for re-election to the Illinois Senate in 1998, and supported civil unions but not same-sex marriage when he ran for the U.S Senate in 2004 and for U.S President in 2008 Obama voted against the Federal Marriage Amendment which would have defined marriage as the union of one man and one woman, but stated in a 2008 interview that he personally believed that marriage is "between a man and a woman" and that he is "not in favor of gay marriage." He supported civil unions that would establish legal standing equal to that of marriage for same-sex couples, but believed that decisions about the definition of marriage should be left to the states In December 2008, Obama called for the repeal of the federal Defense of Marriage Act (DOMA) On May 15, 2008, in a statement in response to the ruling of the California Supreme Court, Obama announced his opposition to Proposition 8, an initiative measure proposed for the 2008 California General Election ballot that would amend the California Constitution to define marriage as the union of a man and a woman In a letter read to the Alice B Toklas LGBT Democratic Club on June 29, 2008, Obama reiterated his opposition to the proposed amendment, stating that he supports extending "fully equal rights and benefits to same-sex couples under both state and federal law." On May 9, 2012, Obama told an interviewer that he supported same-sex marriage He was the first sitting U.S President to so In October 2014, President Obama told an interviewer: "Ultimately, I think the Equal Protection Clause does guarantee same-sex marriage in all fifty states" 12 Immediately after winning the 2016 election, President Donald Trump said he was "fine" to same-sex marriage and believed it would be resolved by law: " "It's law It was settled in the Supreme Court I mean, it's done." This contrasts with his previous statement in June 2015, after Obergefell v Hodges, in which he said he's personally for "traditional marriage" and that he believed gay marriage should be left for the states However, in the same statement, Trump acknowledged that overturning the Obergefell is unrealistic Some federal appointments also declared they would maintain same-sex marriage and enforce the Supreme Court ruling Despite he once waving a rainbow flag at supporters during the 2017 election campaign, his administration has since been criticized for winding-back LGBTIQ protections, blocking transgender service in the military and appointing conservatives with anti-LGBTIQ records – including Attorney General Jeff Sessions and Education Secretary Betsy DeVos Former Presidents Bill Clinton, Jimmy Carter and Barack Obama, former vice presidents Dick Cheney, Al Gore, Walter Mondale and Joe Biden have voiced their support for their legal recognition, as well as former First Lady Laura Bush, Hillary Clinton, Michelle Obama and Nancy Reagan Former US President George W Bush and his wife, former First Lady Barbara Bush, have served as witnesses to a same-sex marriage but have not publicly stated that they support gay marriage in general The George W Bush proposed the same marriage, but did not publicly state his views on the matter (such as the president, he was opposed) Fifteen US Senators have announced their support in the spring of 2013 By April 2013, the Senate majority has expressed support for same-sex marriage Senator Mark Kirk of Illinois in April, Alaska's Lisa Murkowski in June and Susan Collins of Maine the following year Senator Rob Portman of Ohio became the first Republican senator to endorse a gay marriage in March 2013 13 During the 2008 presidential election campaign, Republican vicepresidential candidate Sarah Palin stated: "I have voted along with the vast majority of Alaskans who had the opportunity to vote to amend our Constitution defining marriage as between one man and one woman I wish on a federal level that that's where we would go because I don't support gay marriage." When a U.S district court invalidated the California referendum that ended same-sex marriages there in 2008, former Speaker of the House Newt Gingrich said it showed "an outrageous disrespect for our Constitution and for the majority of people of the United States who believe marriage is the union of husband and wife" By the end of 2012, Gingrich was prepared to accept civil—but not religious—same-sex marriages and encouraged the Republican Party to accept the fact of same-sex marriage was certain to become legal in more and more states 2.3.2 Public Opinions A CNN poll on February 19, 2015 found that 63% of Americans believe gays and lesbians have a constitutional right to marry, up from 49% in August 2010 In the wake of the Obergefell decision, CNN polling found that 59% of Americans felt the decision was correct A Washington Post/ABC News poll from February–March 2014 found a record high of 59% of Americans approve of same-sex marriage, with only 34% opposed and 7% with no opinion In May 2013, a Gallup poll showed that 53% of Americans would vote for a law legalizing same-sex marriage in all 50 states Three previous readings over the course of a year consistently showed support at 50% or above Gallup noted: "Just three years ago, support for gay marriage was 44% The current 53% level of support is essentially double the 27% in Gallup's initial measurement on gay marriage, in 1996."Some commentators, 14 however, have noted instances where polling data has understated voter opposition to referendums banning same-sex marriage One 2010 study concluded that "polls on gay marriage ballot initiatives generally under-estimate the opposition to gay marriage by about seven percentage points" As of 2013, public support for same-sex marriage in the United States has solidified above 50% Public support for same-sex marriage has grown at an increasing pace since the 1990s In 1996, just 25% of Americans supported legalization of same-sex marriage Polls have shown that support is identical among whites and Hispanics, while support for same-sex marriage trails among blacks Polling trends in 2010 and 2011 showed support for same-sex marriage gaining a majority, although the difference is within the error limit of the analysis On May 20, 2011, Gallup reported majority support for same-sex marriage for the first time in the country In June 2011, two prominent polling organizations released an analysis of the changing trend in public opinion about same-sex marriage in the United States, concluding that "public support for the freedom to marry has increased, at an accelerating rate, with most polls showing that a majority of Americans now support full marriage rights for all Americans." Gallup's annual Values and Beliefs poll, conducted in May 2017, found that 64% of U.S adults say same-sex marriages should be recognized by the law as valid, the highest percentage of support recorded to date by the polling firm By 2017, according to a PRRI poll, same-sex marriage enjoyed popular support in all but U.S states Of these states, had an outright majority against same-sex marriage (Arkansas, Mississippi and West Virginia), while the others had a plurality against same-sex marriage but not a majority (Alabama, Louisiana and South Carolina) The state of North Dakota was evenly split, while the 43 remaining states all supported same-sex marriage, going from 74% support in 15 Massachusetts to a plurality of 49% in Kentucky, North Carolina, Tennessee and Wyoming 2.4 Effects of same-sex marriage law 2.4.1 Economic impacts on the Federal Government The 2004 Congressional Budget Office study, working from an assumption "that about 0.6 percent of adults would enter into same-sex marriages if they had the opportunity" (an assumption in which they admitted "significant uncertainty") estimated that legalizing same-sex marriage throughout the United States "would improve the budget's bottom line to a small extent: by less than $1 billion in each of the next 10 years" This result reflects an increase in net government revenues (increased income taxes due to marriage penalties more than offsetting decreased tax revenues arising from postponed estate taxes) Marriage recognition would increase the government expenses for Social Security and Federal Employee Health Benefits but that increase would be more than made up for by decreased expenses for Medicaid, Medicare, and Supplemental Security Income 2.4.2 Economic impacts on same-sex marriage couples According to a 1997 General Accounting Office study, at least 1,049 U.S federal laws and regulations include references to marital status A 2004 study by the Congressional Budget Office found 1,138 statutory provisions "in which marital status is a factor in determining or receiving 'benefits, rights, and privileges.'" Many of these laws govern property rights, benefits, and taxation Same-sex couples whose marriages are not recognized by the federal government are ineligible for spousal and survivor Social Security benefits and are ineligible for the benefits due the spouse of a federal government employee One study found that the difference in Social Security income for same-sex couples compared to opposite-sex married couples was per year 16 Compared to similarly situated opposite-sex married couples, same-sex couples faced the following financial and legal disadvantages They may have difficulties in legal costs associated with obtaining domestic partner documents to gain legal abilities granted automatically by legal marriage, including power of attorney, health care decisionmaking, and inheritance Same-sex couples were not also eligible to file jointly as a married couple and thus could not take the advantages of lower tax rates when the individual income of the partners differs significantly Moreover, they have to pay higher health costs associated with lack of insurance and preventative care: 20% of same-sex couples had a member who was uninsured compared to 10% of married opposite-sex couples Also, a same-sex partner has to incur an estate tax if he or she inherit an unlimited amount from a deceased spouse Others difficulties accompanied such as they are not able to protect jointly owned home from loss due to costs of potential medical catastrophe or not able to be a U.S citizen to sponsor a same-sex spouse for citizenship Some 7,400 companies were offering spousal benefits to samesex couples as of 2008 In states that recognized same-sex marriages, same-sex couples could continue to receive those same benefits only if they married Only 18% of private employers offered domestic partner health care benefits In addition, same-sex couples have to face the same financial constraints of legal marriage as opposite-sex married couples, including the marriage penalty in taxation While social service providers usually not count one partner's assets toward the income means test for welfare and disability assistance for the other partner, a legally married couple's joint assets are normally used in calculating whether a married individual qualifies for assistance 17 2.4.3 Health impacts on same-sex marriage couples For meatal health, based in part on research that has been conducted on the adverse effects of stigmatization of gays and lesbians, numerous prominent social science organizations have issued position statements supporting same-sex marriage and opposing discrimination on the basis of sexual orientation; these organizations include the American Psychoanalytic Association and the American Psychological Association Several psychological studies have shown that an increase in exposure to negative conversations and media messages about samesex marriage creates a harmful environment for the LGBT population that may affect their health and well-being One study surveyed more than 1,500 lesbian, gay and bisexual adults across the nation and found that respondents from the 25 states that have outlawed same-sex marriage had the highest reports of "minority stress" - the chronic social stress that results from minoritygroup stigmatization as well as general psychological distress According to the study, the negative campaigning that comes with a ban is directly responsible for the increased stress Past research has shown that minority stress is linked to health risks such as risky sexual behavior and substance abuse Two other studies examined personal reports from LGBT adults and their families living in Memphis, Tennessee, immediately after a successful 2006 ballot campaign banned same-sex marriage Most respondents reported feeling alienated from their communities The studies also found that families experienced a kind of secondary minority stress, says Jennifer Arm, a counseling graduate student at the University of Memphis 18 At the Perry v Schwarzenegger trial, expert witness Ilan Meyer testified that the mental health outcomes for gays and lesbians would improve if laws such as Proposition did not exist because "when people are exposed to more stress they are more likely to get sick " and that particular situation is consistent with laws that say to gay people "you are not welcome here, your relationships are not valued." Such laws have "significant power", he said For physical health, in 2009, a pair of economists at Emory University tied the passage of state bans on same-sex marriage in the US to an increase in the rates of HIV infection The study linked the passage of same-sex marriage ban in a state to an increase in the annual HIV rate within that state of roughly cases per 100,000 population A study by the Columbia Mailman School of Public Health found that gay men in Massachusetts visited health clinics significantly less often following the legalization of same-sex marriage in that state CHAPTER 3: CONCLUSION Overcoming many difficulties in legal issues as well as public opinion fights, ultimately, the law allowing same-sex marriage was popular in all states of the United States Same-sex marriage law in the United States is a great breakthrough for human rights This is not only a happiness for US citizens but for the LGBT community around the world This was a reward for their enduring efforts, a stepping stone for anti-discrimination at both the federal and state levels in the United States, where dozens of people may be fired or refused because of same-sex orientation It was also the opening shot of struggle for freedom of association in countries around the world Although the effects of this legislation on the United States, on same-sex couples are 19 not small at this time, it is promised that in the future this law will be more and more complementary to bring more benefits to LGBT people in the United States REFERENCES [1] Liptak, Adam "Same-Sex Marriage Is a Right, Supreme Court Rules, 5-4" The New York Times Retrieved December 28, 2017 [2] "CNN poll: 63 percent of Americans say same-sex couples have a right to marry" LGBTQ Nation Retrieved December 29, 2017 [3] "Deboer v Snyder: Findings of Fact and Conclusions of Law" (PDF) United States District Court for the Eastern District of Michigan Southern Division March 15, 2014 Retrieved December 31, 2017 [4] "Obama and Miss California aligned on same-sex marriage?" The Christian Science Monitor May 12, 2009 Retrieved December 31, 2017 [5] Wing, Nick Hillary Clinton Announces Support For Gay Marriage The Huffington Post March 18, 2013 Retrieved January 01, 2018 [6] The Rapid Increase in Support for Marriage Changes Political Equation: Emerging Majority Supports the Freedom to Marry Joel Benenson, Benenson Strategy Group, and Jan van Lohuizen, Voter Consumer Research July 27, 2011 Retrieved January 02, 2018 20 ... issues as well as public opinion fights, ultimately, the law allowing same- sex marriage was popular in all states of the United States Same- sex marriage law in the United States is a great breakthrough... first time in the country In June 2011, two prominent polling organizations released an analysis of the changing trend in public opinion about same- sex marriage in the United States, concluding that... amendment to ban same- sex marriage nationwide 2.2.2 Same- sex marriage under United States tribal law The Supreme Court decision in Obergefell v Hodges that legalized same- sex marriage in the states and