This article on 'Same-Sex Marriage Laws in the USA' was written by Ayush Choudhary, an intern at Legal Upanishad.

Introduction

In the modern era, with the rapidly growing idea of Liberalisation, people have also started respecting the Liberty and freedom of other people. This liberty is also growing in the case of sexual orientations of the people also and in continuance of this the concept of same-sex marriage is also growing. As a consequence, there has been the development of same-sex laws also. Same-sex marriage laws in the United States have been a topic of intense discussion and debate for several decades. The topic has gained significant attention as people have been fighting for their rights and equality. In recent years, the acceptance of same-sex marriages has grown tremendously, and laws have evolved to reflect the changing attitudes towards them. This article will discuss the history, current status, and future of same-sex marriage laws in the USA.

A brief history of same-sex marriage laws in the USA

The fight for marriage equality for same-sex couples in the USA began in the 1970s, and it was not until 1993 that Hawaii recognized same-sex marriages. However, this decision was later overturned when the Hawaiian Supreme Court ruled in favour of a constitutional amendment banning same-sex marriage. This ruling set the tone for the country, and it became increasingly challenging for same-sex couples to get married. In 2000, Vermont became the first US state to pass a law allowing civil unions, which provided same-sex couples with some legal rights but did not recognize them as married couples. Other states passed similar laws, such as Connecticut, New Jersey, and California. However, these unions were still seen as a separate status from marriage, which meant that same-sex couples were still not recognized as fully equal to opposite-sex couples. The biggest move towards same-sex marriage laws occurred in 2003 when the Supreme Court delivered a groundbreaking decision in Lawrence v. Texas. The decision deemed sodomy laws unconstitutional, which had previously criminalized sex between individuals of the same gender. This change was a massive victory for the LGBTQ+ community and signalled that the tide was turning towards progress. In 2004, same-sex marriage was briefly legal in Massachusetts, but it was not until 2015 that the Supreme Court finally granted marriage equality to same-sex couples in Obergefell v. Hodges. The decision declared that same-sex couples had the constitutional right to marry and that all states must recognize same-sex marriages performed in other states. This ruling brought the LGBTQ+ community's fight for equality and recognition to a significant milestone, and it was celebrated across the country and around the world.

Current status of same-sex marriage laws in the USA:

As of 2021, same-sex marriage is legal in all 50 US states, and same-sex couples receive the same rights, protections and benefits as opposite-sex couples. However, there are still some challenges and obstacles that same-sex couples face, particularly in states where the culture and attitudes towards same-sex marriages are not fully accepted. Several states have passed laws that allow businesses and individuals to refuse services to same-sex couples based on religious beliefs, a move that has been criticized by LGBTQ+ rights groups. The US Supreme Court has also issued several rulings in recent years that have created some uncertainty about the future status of same-sex marriage laws. For example, in the Masterpiece Cakeshop v. Colorado Civil Rights Commission case, the Supreme Court ruled that a Denver bakery owner could refuse to bake a cake for a same-sex wedding because of his religious beliefs. In another case, Fulton v. the City of Philadelphia, the Supreme Court found unanimously that the city of Philadelphia violated the First Amendment when it stopped allowing a Catholic social services agency to participate in the city's foster care system because it would not allow same-sex couples to foster children. While the ruling was a victory for religious groups that opposed same-sex marriage, it did not overturn the Obergefell decision, which made same-sex marriages legal across the country.

Same-Sex Marriage Laws in the USA

Future of same-sex marriage laws in the USA:

The fight for LGBTQ+ equality and recognition is an ongoing journey, and it is expected that same-sex marriage laws will continue to evolve in the coming years. Some states may continue to resist same-sex marriages, while others may seek to expand the rights and protections for same-sex couples. One issue that is expected to become more prominent in discussions about same-sex marriage laws is the inclusion of non-binary, intersex, and transgender individuals. While same-sex marriages are legal, there is still confusion and uncertainty about how these laws apply to non-binary individuals. As gender identity and expression become more accepted, it is anticipated that this issue will become a key focus in the ongoing debate about same-sex marriage laws.

Suggestion:

Though in the USA, same-sex marriage has been given recognition in many states, there are still many lacunae and flaws in the present laws. And it is also not clear whether non-binary people are a part of same-sex marriage or not. Therefore, lawmakers need to make laws in a way that can accumulate people of all genders and thus also can remove all uncertainty and confusion about the scope of these laws.  

Conclusion:

Same-sex marriage laws have come a long way in the USA over the past several decades. The fight for equality and recognition for same-sex couples has been long and challenging, but it has resulted in significant progress towards achieving equal rights and protections. The legalization of same-sex marriage in all 50 states was a massive victory for the LGBTQ+ community, and it has set the stage for continued progress towards full equality. While there are still obstacles that need to be overcome, the future of same-sex marriage laws in the USA looks bright. As society continues to evolve and become more accepting of different identities and expressions, there is hope that same-sex marriages will become more widely accepted and recognized across the country. The journey towards full equality is an ongoing one, but every step taken towards progress is a significant victory for the LGBTQ+ community.

References:

This article on 'US lawmakers introduce a bill to ban TikTok: All you need to know' was written by Monika Yadav, an intern at Legal Upanishad.

Introduction

This article deals with the bill introduced by US legislation for the effective ban on the usage of social media platforms that create threats to the security of the nation as well as of individual data as the app operated by China (TikTok) has allegedly used the data and location of individual results in manipulation of the content the personal view on that particular app. Recently, on Tuesday a bill has been introduced in US Congress to prohibit such activities. In this article, we discuss the same in detail.

About the bill

Sen. Marco Rubio, a Republican from Florida, on Tuesday, unveiled a bipartisan bill to outlaw the widely known TikTok online networking platform in China, growing demands on the app's founder ByteDance Ltd. following American concerns that the programme could be utilized for spying on or criticizing citizens. According to a press statement by Rubio's office, the measure would stop any transactions out of any social media platforms based in or influence by China and Russia. Republican Congressman Mike Gallagher and Democratic Representative Raja Krishnamoorthi are the sponsors of a guide bill within the U.S. House of Representatives. In response to a call for remark, ByteDance was silent right away. Gallagher compared the app to "digital fentanyl," saying that allowing it to continue operating in the United States would be similar to enabling the Soviet Union to acquire the New York Times, Washington Post, and significant telecast network services throughout the Cold War. The app is approximated to have one billion average monthly subscribers. In 2020, the previous president Donald Trump made an effort to prevent new U.S. consumers from installing WeChat & TikTok, which might have proficiently stopped the usage of these applications in the country, but he lost several legal challenges. Due to concerns that U.S. customer data would be transferred to China's communist government, the Committee on Foreign Investment in the United States (CFIUS), a significant national security agency of the U.S. authorities, directed ByteDance to withdraw from TikTok in 2020. President Joe Biden authorized the Commerce Department to study the security issues raised by the applications after President Donald Trump dropped his executive orders which aimed to outlaw the downloading in June 2021.

US to ban TikTok: Lawmakers introduce a Bill

False statements with political overtones: US to Ban TikTok

The business might just have misinformed Congress regarding the amount of customer data it shared with China, according to issues expressed by House Republican representatives the previous month. Republican leaders upon that House's energy & commerce and inspection committees, Cathy McMorris Rodgers and James Comer, respectively, addressed TikTok to express their concerns about what they saw to be misleading material in the staff briefings. The Republican congressmen wrote to TikTok CEO Shou Zi Chew claiming that "some of the material TikTok gave throughout the staff briefing seems to be inaccurate or deceptive," besides that "TikTok somehow doesn't monitor U.S. customer locations." Republican lawmakers will take over the House next January, or the letter might be a precursor to the intense investigation that intends to give Chinese corporations. Because of worries about national security, several states, the majority of which are governed by Republicans, have recently banned the usage of TikTok on computers and mobile devices used by state governments, particularly Alabama and Utah from Monday. "Unsettlingly, TikTok collects enormous amounts of data, the majority of which carries no real relation to the app's purported function of video content. This intolerable susceptibility to Chinese espionage efforts is brought by the use of TikTok in conjunction with governmental IT infrastructure "Governor Kay Ivey of Alabama stated in a release. TikTok is prohibited on state-owned gadgets in Texas, Maryland, & South Dakota, among many other U.S. states. Indiana has indeed filed a lawsuit against the app, claiming that it misleads users regarding China's accessibility to their information and exposes kids to inappropriate material. A spokesman for TikTok expressed disappointment in the fact that "so many states are rushing on the trend to enact legislation based on unsubstantiated, politically tinged misinformation regarding TikTok" in a statement released on Monday.

The Director of the FBI is concerned about potential influence activities

Republican Brendan Carr, the federal communications commissioner, posted on Twitter claiming at least nine states had taken measures against TikTok "focused on the substantial security dangers it offers." In congressional testimony the previous month, FBI Director Chris Wray warned of the danger that the Chinese authorities may use the video-sharing software to manipulate users or take access to their gadgets. The Chinese government "may be able to exploit to manage data gathering on millions of individuals or manipulate the recommendation system, which could be utilized for impact activities," according to Wray, who listed the threats. He added that Beijing might be able to "manage programs on millions of gadgets” by using the app, allowing it the chance to "technically compromise” such gadgets. According to Vanessa Pappas, a TikTok executive, TikTok was "heading in the right direction towards that final deal with the U.S. authorities that will further secure U.S. user data and properly satisfy U.S. national security needs," she told Congress in September.

Conclusion

According to a June BuzzFeed News story, workers of ByteDance, the parent firm of TikTok, who are based in China, had access to private information about American users. TikTok admitted that Chinese staff members have some access to U.S. data but denied ever giving any to Chinese authorities. A number of states have already taken action to forbid TikTok use on equipment used by the government and the introduction of this bill is a big step by the United States Government to place a permanent ban on the use of TikTok.

Reference