Same-Sex Marriage

By

TABLE OF CONTENTS

INTRODUCTION1

Problem Statement1

Aims and Objectives1

Design and Methodology2

BACKGROUND OF THE STUDY4

The History of Marriage and Its Position in Sociological Theory7

Same Sex Marriage- Approved in the Courts9

Same Sex Marriage- Banned through Popular Vote10

NARROW TO ISSUES12

Case analysis12

Windsor v. United States (Challenging the federal “Defense of Marriage Act”)12

Baehr v. Lewin, 74 Haw. 530; 852 P.2d 44 1993, 1613

Perry v Schwarzenegger, Case No. C 09-2292 VRW (US District Court for the Northern District of California, 4 August 2010)15

Jackson v. Abercrombie16

Gill v. Office of Personnel Management16

LEGAL ARGUMENTS19

CONCLUSION25

REFERENCES28

INTRODUCTION

Problem Statement

Only eight states recognize same sex marriages and thirty-one states have amendments defining marriage as one man and one woman. Marriage is an institution based on love, not sexual orientation. Denying the right of gays to marry someone of the same sex denies them the benefits and rights that heterosexual, married couples receive at the federal level. DOMA should be repealed because DOMA discriminates, denies federal protection and benefits for homosexuals, and violates the Constitution's Full Faith and Credit clause.

Homosexuals should be allowed the same rights under federal law. Denying homosexuals the right to marry violates their liberty and equality rights. Civil unions give some rights to homosexuals, but not all of the rights of a heterosexual married couple and treats homosexuals as second-class citizens.

Aims and Objectives

The purpose of this study is to find out the legal problems face by same sex marriage couples in US. The study highlights same sex marriages couples' rights and reasons of DOMA's violation of those rights.

Following are the research objectives:

To find out the legal status of same sex marriage couples in US

To find out the reason behind DOMA violation of same sex marriages couples' rights

Design and Methodology

In this section the research design were explained in detail. The research design used in the study addressed all the research aims and objectives.

It is complicated and difficult task for choosing a suitable method for the research study that assist in attaining best outcomes of the research study. The outcomes of the study are based on entirely on choosing the most authenticated research method. As this study employs qualitative methodology and this method has many advantages of employing this method, apart from numerous advantages there are few disadvantages. In the qualitative research method the secondary sources were used, on the other hand the cases were used for extracting and evaluating data. In the qualitative secondary sources the pertinent journals, books and all the authenticated literature were used.

For data collection purpose the research, techniques, which are used in this study, were based entirely on the qualitative techniques. These techniques are useful for evaluating the secondary sources as well as the cases pertinent to the relationship of PMS with employees' motivation and performances.

In the qualitative research methods, law cases were selected related to the topic. The qualitative research methods define the events occurs and people ascribe to them. In contrast to the quantitative research methods which include the statistical tools and calculations, the qualitative research is not based on such ...