A Constitutional Right to Same-Sex Marriage In 1996, Congress enacted the Defense of Marriage Act (“DOMA”), which added the following definition to the United States Code: “…[T]he 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.” (Defense of Marriage Act sec. 3). Since the enactment of DOMA, however, five states (Iowa, New Hampshire, Connecticut, Vermont and Massachusetts) have come in direct conflict with the law by conferring full legal status to same-sex marriages. Thus, a same-sex couple may be legally married in their state of residence but would not be recognized as such under federal law. The...The end:
.....s enacted, “…[T]imes can blind us to certain truths and later generations can see that laws once thought necessary and proper in fact serve only to oppress. As the Constitution endures, persons in every generation can invoke its principles in their own search for greater freedom” (Lawrence v. Texas 579). It is time for the Supreme Court of this generation to lift the oppression of DOMA and require the federal government to recognize legal same-sex marriages. Works Cited Defense of Marriage Act, U.S. Statutes at Large 2419 (1996): sec. 3. Desylva v. Ballentine, 351 U.S. 570 (1956). Lawrence v. Texas, 539 U.S. 558 (2003). Loving v. Virginia, 388 U.S. 1, 12 (1967). Turner v. Safley, 482 U.S. 78 (1987). Zablocki v. Redhail, 434 U.S. 374 (1978).