How Same-Sex Marriage Decision Of Supreme Court Has Impacted Lives Research Paper

¶ … United States Supreme Court ruling on same sex marriage. The paper also examines how that decision impacted management policy decisions in terms of public safety administration. An examination of the ruling's overall impact on public policy is also given. Reactions on the ruling are given in the end. Background knowledge on same sex marriage

For the majority of Americans, the matter of same sex marriage may have first come to their knowledge when it burst into the political limelight in late 2003. At this time, Massachusetts' highest court ruled that the state had no authority or grounds on which to deny lesbian and gay couples the right to marriage. In the next few months after the ruling in the state same sex marriage ceremonies were conducted in many counties and cities across the United States (U.S.) including mass weddings in the city of San Francisco. This brought a lot of media attention to the issue (Brewer and Wilcox, 2005). Religious conservatives pushed for a constitutional amendment to ban same sex marriage, a push which eventually had the (then) President's support. On the other hand, several interests groups coalesced to fight and "defend equal rights" for couples who wanted to perform and/or participate in same sex marriages; simultaneously other interest groups also mobilized to campaign and "protect the traditional family" through calling for the banning of same sex marriages.

However, viewed from a wider perspective, same sex marriage is just the latest front or battle in the long political contest over gay rights. Other fronts in the struggle have involved the issue of the legal status of same sex, or homosexual, relations. In 1986, the U.S. Supreme Court case of Bowers v. Hardwick maintained the constitutional basis of antisodomy laws. The 2003 Supreme Court case, Lawrence v. Texas, was one in which the court overturned its earlier ruling in Bowers. Employment (non) discrimination was one of the other fronts in this contest; the issue was subject to several state legislations and regulations in the 1980s and 1990s, in addition to a congressional vote in 1996 on the Employment Non-Discrimination Act. The Armed Forces have also been a front on which this contest has played out, such as the controversy that was elicited by President Bill Clinton's push for the inclusion of gays in the army in 1993. The wider picture that has come out of the these previous studies in terms of public opinion is that more and more members of the American public are supporting gay rights (Brewer and Wilcox, 2005).

Recent surveys report that the vast majority in American society supports recognition of same sex marriages and couples. However, the results in these surveys and polls are not uniform; some polling firms are still recording and reporting no majority support in favor of same sex marriages (Flores, 2015). Still, after accounting for this deviation, it can be seen that the majority of the members of the public are in favor of same sex-marriage in the polls done in 2014, and any variations from that estimate can be accounted for by organizational "house" impacts and framing of the question.

The Supreme Court decision

In a historic five to four decision, the United States Supreme Court declared this year (2015) that same sex couples do have the right to marry anywhere across the nation. Supreme Court Justice Anthony Kennedy, speaking for the majority, noted that it would be a misunderstanding of these women and men to say that they do not respect the idea of marriage. He further noted that, their plea is that they do have respect for it, and that they respect so much that they are seeking to find the fulfillment of marriage for themselves (Spicuzza, et.al, 2015). That is, the hope of these men and women is not to be condemned to live by themselves in loneliness by being excluded from one of the oldest institutions of civilization. The justice further wrote, that they are asking for equal dignity, with regards to the law and that the constitution gives...

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The Department of Justice's decision to halt its defense of the anti-marriage law in the year 2011 was a crucial victory for the gay rights movement. President Obama's declaration of his support for same sex marriages in the year 2012 was also an important moment for gay rights. The states that were most affected by Friday's ruling are those which did not allow same sex marriages including: Alabama, Arkansas, Georgia, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Ohio, North Dakota, South Dakota, Tennessee, and Texas.
Analysis of the Ruling made by the U.S. Supreme Court on same sex marriages and its impact

The U.S. Supreme Court ruled that the DOMA (Defense of Marriage Act) was not constitutional on the grounds that it stipulated that federal law was to not to recognize any licensed same sex marriages performed under state laws. The (USDOL) United States Department of Labor and the IRS (Internal Revenue Service) recently gave opinions after the ruling on treatment of homosexual marriages by employers (Hobbs and Stevens, 2013). The definition of marriage which now entails lesbian and gay partnerships as being marriages under state law did essentially affect employers in terms of employee benefits. The 2013-2014 technical release published by the USDOL states that the term spouse should be read to include all people who are legally married under state law, including individuals married in homosexual marriages in states that recognize such marriages, even if those individuals are residents of a state that does not recognize such marriages. However, the term "spouse" does not yet define individuals who are in a state-accepted relationship that is not recognized as "marriage" in that state's law. Such recognized relationships not regarded as marriages include domestic partnerships and civil unions, and that is the case even in instances where such relationships come with the same responsibilities, rights, and benefits as do marriages in those states' regulations and laws (Hobbs and Stevens, 2013).

In its 2013 and 2017 revenue ruling, the IRS gave the opinion that couples in same-sex relationships will be deemed married for the use of federal government's Internal Revenue Code if the partners relationship did qualify as a "marriage" relationship under any jurisdiction, both in and out of the U.S., in which the couple was married and that did accept and recognize homosexual marriages. In such scenarios today, employee partner's benefits in same sex marriages are not taxed to the employee himself or herself, but are deemed non-taxable, just as the case is for traditional heterosexual married employees. Workers in officially recognized same sex relationships are also currently able to pay for their partner's coverage, on a pretax basis, within their employers' benefits scheme (Hobbs and Stevens, 2013).

Moreover, under the ruling, same sex married partners are allowed to recover any extra taxes they paid in tax years before the U.S. Supreme Court ruling that were caused by "inputed income." Employers would then be wise from now on to delete any gender-specific language from their employee hire orientation files that query about spousal information. Employers ought also to review their benefits schemes and scheme-related files to make sure that they account for the new regulations resulting from the Supreme Court decision on same sex marriages.

The Supreme Court's 2015 decision implies that lesbian and gay couples in more than fourteen states-in addition to the couples who had already secured that right in thirty six states-can now marry. The aforementioned fourteen states no longer have the authority to enforce their same sex marriage bans (Spicuzza, et.al, 2015). In Wisconsin, for instance, gay and lesbian couples have, since Supreme Court refused to overturn a ruling that struck out its 2006 homosexual marriage ban, been able to marry.

There are about 390,000 married homosexual partners in the U.S. according to the U.C.L.A affiliated Williams Institute, which tracks and documents trends in the demographics of lesbian and gay Americans. A further 70,000 couples who currently live in states that don't permit them to get married would do so in the next few months or years after the Supreme Court's ruling, according to the institute (Sherman, 2015). Approximately a million same-sex couples, unmarried and married, already live together in the U.S., the institute further stated; thus they would very likely be positively affected by the ruling made.

The morality issue on gay marriages according to certain movements and groups has also been examined now more than ever in the history of the nation. For instance, this includes how different news media perceive the matter. The New York Times, for example, repeatedly emphasized within the period of the case that both heterosexuals and homosexuals had equal human rights under the law (Pan, et.al, 2010). However, more importantly, the news site strongly linked the matter of gay marriages and human equality, particularly before the state of Massachusetts legalized the marriages of lesbian and gay couples. One likely explanation for this change of mind of The New York Times would be that the media company was inclined…

Sources Used in Documents:

References

Archibald, C. (2014). Is Full Marriage Equality for Same-Sex Couples Next? The Immediate and Future Impact of the Supreme Court's Decisions in United States v. Windsor. Valparaiso University Law Review, 48(3), 695-713. Retrieved, from http://scholar.valpo.edu/cgi/viewcontent.cgi?article=2341&context=vu

Brewer, P., & Wilcox, C. (2005). Same-Sex Marriage and Civil Unions. Public Opinion Quarterly, 69(4), 599-616. Retrieved, from http://poq.oxfordjournals.org/content/69/4/599

Bruggeman, K. (2015, June 26). NationalJournal.com. Watch These Two GOP Presidential Candidates After the Supreme Court's Gay Marriage Decision - NationalJournal.com. Retrieved August 22, 2015, from http://www.nationaljournal.com/2016-elections/supreme-court-gay-marriage-republican-presidential-jindal-kasich-20150625

Flores, A. (2015). Examining Variation in Surveying Attitudes on Same-Sex Marriage: A Meta-Analysis. Public Opinion Quarterly, 79(2), 580-593. Retrieved, from http://poq.oxfordjournals.org/content/79/2/580.abstract
Goodstein, L., & Liptak, A. (2015, June 24). The New York Times - Breaking News, World News & Multimedia. Schools Fear Gay Marriage Ruling Could End Tax Exemptions - The New York Times. Retrieved August 22, 2015, from http://www.nytimes.com/2015/06/25/us/schools-fear-impact-of-gay-marriage-ruling-on-tax-status.html
Hancock, J. (2015, June 29). NPR: National Public Radio: News & Analysis, World, U.S., Music & Arts: NPR. Supreme Court's Decision On Same-Sex Marriage Expected To Boost Health Coverage: Shots - Health News: NPR. Retrieved August 23, 2015, from http://www.npr.org/sections/health-shots/2015/06/29/418520819/supreme-courts-decision-on-same-sex-marriage-expected-to-boost-health-coverage
Hobbs, E., & Stevens, C. (2013, November 26). National Law Review: latest business law news and legal analysis. The Impact of the U.S. Supreme Court's Defense of Marriage Act (DOMA) Decision on Employers | The National Law Review. Retrieved August 22, 2015, from http://www.natlawreview.com/article/impact-us-supreme-court-s-defense-marriage-act-doma-decision-employers
Landers, S. (2015). Civil Rights and Health -- Beyond Same-Sex Marriage. The New England Journal of Medicine, . Retrieved, from http://www.nejm.org/doi/full/10.1056/NEJMp1508488
Nobles, R., Tran, L., & Ly, L. (2015, August 17). Las Vegas Review-Journal | The most reliable source for Las Vegas news. Despite Supreme Court ruling, same-sex marriage conflicts continue | Las Vegas Review-Journal. Retrieved August 22, 2015, from http://www.reviewjournal.com/news/nation-and-world/despite-supreme-court-ruling-same-sex-marriage-conflicts-continue
Pan, P., Meng, J., & Zhou, S. (2010). Morality or equality? Ideological framing in news coverage of gay marriage legitimization. The Social Science Journal, 47, 630-645. Retrieved, from http://academic.csuohio.edu/kneuendorf/c63310/ArticlesFromClassMembers/Kate.pdf
Sherman, M. (2015, June 26). Lincoln, NE News, Sports: Journal Star. U.S. Supreme Court: Same-sex marriage is law nationwide: Lincoln, NE Journal Star. Retrieved August 22, 2015, from http://journalstar.com/news/u-s-supreme-court-same-sex-marriage-is-law-nationwide/article_7edf6fb0-2f0d-534c-8ea8-42d5d54d56d2.html
Spicuzza, M., Marley, P., & Vielmetti, B. (2015, June 26). Milwaukee and Wisconsin News, Sports, Weather, Business, Opinion, Investigative Reporting | Milwaukee Journal Sentinel. Supreme Court extends same-sex marriage rights nationwide. Retrieved August 22, 2015, from http://www.jsonline.com/news/statepolitics/supreme-court-extends-same-sex-marriage-rights-nationwide-b99527360z1-310073661.html


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