Same sex marriage is a marriage between two people of the same gender. It requires all the rights and privileges granted to a marriage of two people of the opposite sex. Because states have the authority to decide who is allowed to marry, the legality of same sex marriage differs from state to state.
Current status of same sex marriage
As of August 2008, Massachusetts and California are the only two states in the U.S. that allow same sex marriage. Twenty-seven states have constitutional amendments banning the recognition of same sex marriage, while nineteen states have legal statutes defining marriage as between one man and one woman.
Same sex marriage debates in the U.S. courts
In 1993, the Hawaii Supreme Court ruled that laws prohibiting same sex marriages violated the state constitution's protection of equal rights. This kicked off a debate that continues today. Voters in Hawaii responded by passing a state constitutional amendment banning same sex marriage. This situation has been repeated in several states with varying results.
In 1996, the federal government passed the Defense of Marriage Act (DOMA) to "define and protect the institution of marriage." This act created a federal definition of marriage as "between one man and one woman." It also gave states the right not to recognize same sex marriages that were legal in other states.
Civil unions for same sex couples were recognized in Vermont in 2000. These civil unions entitle the couple to the same benefits and protections as married couples of the opposite sex. Other states followed, offering civil unions or domestic partnerships to same sex couples that allow either all or some of the benefits granted to married couples. These benefits may include state tax benefits, improved access to family health insurance, and inheritance rights, among others.
Same sex marriage and the federal government
At present, states that permit same sex marriage can't extend federal benefits and protections to these couples. These benefits include social security survivor benefits, the ability to file a joint federal tax return, and the mandatory recognition of same sex unions across all states.
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