Strani pravni život (Jan 2023)
Same-sex Marriage: How it all began in the USA
Abstract
Same-sex marriage is a relatively new institution in Family law and has been legally recognized since the beginning of the 21st century, more precisely in 2001. A relatively small number of countries have accepted it so far, which is not surprising, considering the painstaking development of this institution in the past. This work is focused on the historical beginnings of same-sex marriage, from some unconfirmed indications of its existence in Ancient Greece and Rome, to the active struggle for its recognition, in the second half of the twentieth century, exclusively in the United States of America. The fact that the movement to legalize same-sex marriage arose in the USA is not surprising, because many consider the USA a democratic and legal country, but at the same time a very traditional, patriarchal one, with a large number of believers. It is clear that the most ardent opponents of same-sex marriage are the majority of churches and religious communities, as well as political parties and groups that strive for traditionalism and patriarchal values. The most famous cases from judicial practice are presented, starting with Baker v. Nelson, via Loving v. Virginia, Baehr v. Miike, Baker v. Vermont, after which a transitional solution was established in the form of civil unions, until Goodridge v. Department of Public Health, when same-sex marriage was legally adopted in the state of Massachusetts, and United States v. Windsor, which effectively repealed the Defense of Marriage Act. The case of Obergefell v. Hodges represents a legal victory for supporters of same-sex marriage, as the US Supreme Court in 2014 ordered all states to recognize the institution.
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