Why Same-Sex Marriage Shouldn't Be Left Up To The States

The Federal Governement and Same-Sex Marriage

Is same-sex or gay marriage a federal or state-level issue? Some believe that government shouldn't be in the business of marriage, but there are a few reasons why the federal government must intervene:

• Immigration laws are determined on the federal level. So, even if every state recognizes same-sex marriage, same-sex couples still wouldn't be able to sponsor their bi-national partners.


• Until DOMA is reversed, same-sex couples and LGBT individuals won't be counted in the U.S. Census.


• Although same-sex couples are able to redeem their tax benefits in certain states where gay marriage is legal, each partner is still considered single in the eyes of the federal government.


• Although many employers have policies to protect LGBT employees and their partners from discrimination, it is still legal in 31 states to terminate an employee based on their sexual orientation. Federal legislation like ENDA will help protect LGBT-headed families.


• For the safety of LGBT spouses and their families, federal hate crime legislation provides states with the money and resources to investigate and deter anti-LGBT based crime.


• The federal government sets the tone for national policy that is executed and enforced by the states. Some states should not be allowed to write discrimination into their constitutions while others provide equal protections.