By Jessie Mahr
In March 1996, Gallup conducted a poll and found that only 27 percent of the public agreed that same-sex marriage should be legal. In May 2013, Gallup reported that number jumped to 53 percent of the public. It seems that as the times change, so does the approval of same-sex marriage. When presented with the case to overturn part of the Defense of Marriage Act (DOMA), it seems the U.S. Supreme Court agrees.
In 1996, Congress passed Section 3 of DOMA specifically to define marriage under federal law as between “one man and one woman.” But in June 2013, the Supreme Court overruled that provision. The ruling did not legalize sex-same marriages in all states; it simply ruled the federal government had to recognize those same-sex marriages that were valid under state law. The ruling was based on Constitutional provisions, which require any laws which introduce limits based on a class of individuals must have some governmental interest. The court found that DOMA lacked any governmental interest and was meant to discriminate against persons in same-sex marriages in violation of the Equal Protection Clause of the Constitution.
Since the Supreme Court ruling, a rolling tide of equality has swept the nation. It seems we hear weekly of federal courts overturning marriage bans in many states. And this trend, I believe, will continue. These bans have been overruled based on the same reasoning that there are no governmental interests in these laws. Courts find time and again that moral grounds cannot be the basis for laws. Only one of the 22 cases decided allowed a marriage ban to stand. If the Supreme Court should take any of these cases on appeal, and history repeats itself, it is highly likely the Court will find in favor of equality.
Despite fears, marriage equality benefits everyone. It would allow for consenting adults who desire marriage to take advantage of the state and federal benefits available to heterosexual married couples with respect to taxes, housing, social security, FMLA, and health care benefits, to name a few. Marriage equality would promote stability in family units all over the country. The Supreme Court stated that children of parents in a same sex marriage will feel the family strength and commitment that will make their lives more stable. When individuals feel acceptance, support, and stability in their marriage, they are more likely to give back in positive ways to their community and contribute much more of what they have to offer. Bottom line; when marriages are more stable and supportive, all of society benefits.
As the Gallup polls shows, more and more people favor same-sex marriage. By legally recognizing same-sex marriage, those marriages will be more stable and committed. The benefits will be felt community-wide; and all of society will benefit from legalizing same-sex marriages. The tides of equality are rolling, and the best action for society as a whole, is to ride the wave.
Jessie Mahr grew up on a farm outside Farmington and graduated from Western Illinois University with a degree in criminal justice and psychology. She graduated from Forest Institute of Professional Psychology with a Master’s Degree in psychology and earned her law degree from Southern Illinois University.