LegiStorm Blog
Caught Our Eye
Weekly Updates
LegiStorm Blog
SOCIAL MEDIA
Same-Sex Marriages: Legal Issues - CRS Report
| Release Date: | Revised May 6, 2013 |
| Report Number: | RL31994 |
| Source Agency: | Congressional Research Service |
| Pages: | 36 |
 
|
|
|
Older Revisions:
Summary: Revised Nov. 5, 2012 Revised June 8, 2012 Revised May 9, 2012 Revised Aug. 18, 2010 Revised Nov. 18, 2008 Revised July 17, 2006 Revised June 14, 2006 Revised May 22, 2006 Revised Dec. 5, 2005 Revised June 15, 2005 Revised Nov. 5, 2004 Revised Sept. 24, 2004 Revised July 16, 2004 Revised June 30, 2004 Feb. 4, 2004 The recognition of same-sex marriages generates debate on both the federal and state levels. Either legislatively or judicially, same-sex marriage is legal in 10 states. Other states allow civil unions or domestic partnerships, which may provide similar state-level rights and/or benefits. Many states have statutes or constitutional amendments limiting marriage to one man and one woman. These state-level variations raise questions about the validity of such unions outside the contracted jurisdiction and have bearing on the distribution of federal benefits. The U.S. Supreme Court appears poised to address the constitutionality of state and federal laws that limit the definition of marriage to heterosexual couples. The first case, United States v. Windsor, involves questions regarding Section 3 of The Defense of Marriage Act (DOMA), P.L. 104-199, which created a federal definition of marriage as the union of one man and one woman. The second case, Hollingsworth v. Perry, presents a similar challenge to California s Proposition 8, which limited the validity and recognition of marriages to heterosexual couples. (For a detailed analysis of these cases, see CRS Report R42976, Same-Sex Marriage and the Supreme Court: United States v. Windsor and Hollingsworth v. Perry, by Jody Feder and Alissa M. Dolan.) In both cases, the plaintiffs allege that the relevant laws violate the Constitution s equal protection clauses. This report discusses DOMA and legal challenges to it. It reviews legal principles applied to determine the validity of a marriage contracted in another state and surveys the various approaches employed by states to address same-sex marriage. It also examines previous Congressional resolutions proposing a constitutional amendment and limiting federal courts jurisdiction to hear or determine any question pertaining to the interpretation of DOMA. |
|
