The one thing that is kind of strange is the way this came about. I understood that this decision was always at a state level, but to be overridden at a national level like it was is a sign that power is being removed from the states. I don't know enough about the US legal system but I imagine that can have repercussions later on.
The Supreme Court of the US is the highest court in the land, its primary purpose is to interpret the constution so as to ensure that the laws of the land are not in opposition to it. Everys state in the Union has sworn to follow the constitution.
Every state has the power to do what it wishes UNLESS:
A) That power is reserved for the federal government(immigration, diplomacy, currency) or
B) The action is unconstitutional
Section 1 of the 14th amendment of the USC
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Actually that brings me to a question. Is the primary desire for gay marriage the 'status' and official recognition of being married? Or is it more to do with the benefits in terms of legal statuses etc that come with marriage that was previously only available to hetero marriages?
Were the same benefits offered in the USA under a different title like 'De facto' relationship or something to same sex couples?
A little of both really to the first.
As for the second, Civil unions were NEVER equal in the United states. Even if Civil Unions were permitted, not all states are required to recognize them, unlike marriages. There are over 1400 federal benefits available to married couples that Civil Unions would never have access to. Here are just a few that Civil Unions would never be able to have:
1. Immigration. Marry an American and your spouse can vouch for your citizenship. Civil Unions canot do so regardless of whether the state recognizes it or not.
2. If your spouse passes away, in a marriage, you can still get social security benefits, and their physical property to care for. In a Civil Union that property is not yours and either returns to the family or Federal Government. If your spouse forgot to write a will, the government will recognize your claims to property in their stead. Civil unions get a "LOLNO"
3. Married couples are entitled to Family medical leave. Civil unions are not. Child or spouse gets sick? Do they need to be taken care of? Too bad, you aren't married so suck it up.
4. If your spouse is injuired, as a married couple, you have the right to visit them immediately as "Next of kin." Under a civil union, the hospital has no such obligation to grant you much visiting rights at all.
5. As a married couple, if your spouse passes away, you have the right to the remains of your loved one, Civil partners do not.
6. If your spouse is killed in military service, you are usually compensated and aided by the military in your time of need. On top of this, you are given the option to bury them in a military graveyard with ceremony. Civil partners however can be ignored and often were and are not given the burial option.
7. You can claim wrongful death benefits if you have a child in a marriage and your spouse passes away. Civil unions do not have the right nor much of an ability to contest wrongful death.
8. Welfare and public assiatance. If you as a married couple are struggling, you can get help from the public at large/government. Civil partners are not eligible for these benefits period.
9. Join adoption. Self explanatory. Gays can be turned away just because they aren't married.
These are just a few of the 1400+ federal benefits that Civil Unions were explicitly denied. This isn't even counting to the fact that the opposition went so far as to create a federal law(Defense of Marriage Act) that literally stated that Only "Married" couples could receive the benefits.(It has been repealed since then)
