The XXI century opens up integration opportunities for human beings all over the world. Under this trend, the writers and poets representing the spirit of their countries become the diplomats without a passport. They brings their national characters to other regions and countries . And therefore, perhaps if we would like to comprehend a country’s society and culture at a concrete moment, it will be best way to study about the literary works of that era. Because under the eyes of poets and writers, societies are described frankly in every detail. At the same time, they had also objective and enthusiastic as well as fierce criticisms in corruptive societies which abounds in unjustly. These especially happens in the great authors’ works.The nineteenth century in England experienced the explosion of novelists such as William Makepeace Thackeray, George Eliot, Charles Dickens, ... Up to recently, their works have been moving a thousands of readers’ heart all over the world. And the English critical realism literature has a broad generalization, which brought to readers a quite comprehensive reflection about contemporaneous English society.Charles Dickens, a brilliant English writer and a distinguished master of critical realism literature in the nineteenth century after Shakespeare. He is immortal in Englands heart.His works are widely illustrated and reproduced the social conditions of Victorian England in the nineteenth century, to expose the evils of the world of the capitalist class. His fierce accusations are always closely associated with love and respect for normal working people.
Trang 1MINISTRY 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
Trang 2Hanoi, 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!
Trang 3American 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
Trang 4TABLE OF CONTENTS
Page
CHAPTER 1: INTRODUCTION 1
1.1 Rationale for study 1
1.2 Scope of the study 1
1.3 Organization of the study 2
2.1 History of same-sex marriage law in the United States 2
2.2 Legal issues around United States same-sex marriage law 4
2.2.1 Same-sex marriage under United States federal law 4
2.2.2 Same-sex marriage under United States tribal law 5
2.2.3 Parental rights 6
2.3 Opinions of Politicians and Media 6
2.3.1 Opinions of Politicians 6
2.3.2 Public Opinions 8
2.4 Effects of same-sex marriage law 9
2.4.1 Economic impacts on the Federal Government 9
2.4.2 Economic impacts on same-sex marriage couples 10
2.4.3 Health impacts on same-sex marriage couples 11
CHAPTER 3: CONCLUSION 12
REFERENCES 13
Trang 5CHAPTER 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
Trang 6years 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 1 is Introduction which incudes my Acknowledgement, Abstract and Table of Contents Chapter 2 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 2 highlight and focus on how same -sex marriage law effects on American in general Chapter 3 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
Trang 7tried 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 3 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
Trang 8courts 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
Trang 9issue 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 2 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 3 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 3 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 3 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
Trang 10was 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