In November 2003, the Supreme Judicial Court of Massachusetts decided by a 4-3
vote that the Commonwealth of Massachusetts could not "deny the protections,
benefits, and obligations conferred by civil marriage to two individuals of the
same sex who wish to marry." The response was immediate both in Massachusetts
and across the country. In January 2004, President George W. Bush said he would
support an amendment to the U.S. Constitution to limit marriage to one man and
one woman. Same-sex marriage was a leading issue in the presidential elections
and dozens of state elections. By November 2004, less than a year after the
Massachusetts decision, a total of 13 states had passed constitutional
amendments prohibiting gay marriage. These events have raised important
questions about the legal meaning of marriage in the United States. What are
the "protections, benefits, and obligations" of marriage? Who has been able to
marry in the past, and how is that different from today? And what role does the
government have in endorsing marriage?
This unit gives an overview of the legal history of marriage in the United
States. It presents some of the privileges, benefits, and obligations that go
along with getting married. It explains the current controversy about same-sex
marriage by looking at the 2003 decision of the Massachusetts Supreme Court and
the response of Congress and the response of 13 state referenda during the 2004
elections. And it provides a model for discussion, called "structured academic
controversy," for exploring the facts, arguments, and options surrounding these
issues.
Focus Questions
Should Congress amend the U.S. Constitution by defining "marriage" as the union
of one man and one woman?
Objectives
Enhance understanding of the legal history of marriage in the United States.
Assess the debate surrounding marriage within the larger context of federalism.
Explain the privileges and responsibilities of persons who are legally married.
Identify the arguments - historical, cultural, and political - in favor and in
opposition to defining marriage as solely between one man and one woman.
Introduce "structured academic controversy," a model for deliberating
controversial issues.
Materials
A. Reading: A Brief History of Marriage in the United States
B. Source: An Act Relating to Civil Unions (Vermont, 2000): Excerpts
C. Deliberation Strategy: Structured Academic Controversy
C. Handout: Arguments for and against Same-Sex Marriage
E. Taking a Stand: Position Paper on Defining Marriage
Defining Marriage: Selected Community, Print, and Internet Resources
Last updated: September 15, 2006
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