Though it is still early in April, events this month have both supporters and opponents of same-sex marriage taking note of a possible trend. After the Iowa Supreme Court overturned a legislative ban on same-sex marriage April 3, Vermont followed suit Tuesday, becoming the first to state to legalize same-sex marriage through legislative action. Massachusetts and Connecticut already allow same-sex marriage, while New Hampshire and Maine permit some civil unions. Although New York and New Mexico have not legalized the institution within their own borders, both recognize same-sex marriages performed in other states. However, even in the midst of what is possibly an emerging trend, 30 states ban same-sex marriage or civil unions. The editorial board of The Miami Student recognizes that while the definition of marriage remains a state's right, all states should recognize same-sex marriages solemnized in other states. Currently, the 1996 Defense of Marriage Act (DOMA) specifically exempts states from being forced to do so and forbids the federal government from recognizing same-sex marriages in any capacity.
Because there is no agreement on same-sex marriage now, a federal law, which would legalize the institution nationwide, is not possible. Such a move would likely provoke widespread backlash, which would be counterproductive. By beginning at the state level, as is the tradition of civil rights, the transition can happen in a manner that attempts to convince based on a legal ground rather than to force, which alienates and incites. As other states follow the lead of Iowa and Vermont, the progression will lead to action at the federal level eventually. For now though, regardless of the opinion of the board on same-sex marriage, we admit that the time is not right; it is too soon.
That being said, after a close vote, we feel the federal government should insist all states recognize and respect same-sex marriages performed in other states. Certainly this would pose problems for states banning same-sex marriage because same-sex couples would be able to bypass their states' laws and travel out-of-state to get married. However, by limiting recognition to the state in which the marriage is performed, one limits where same-sex couples can live. If same-sex couples wish to marry, they can only live in one of a handful of states. The Full Faith and Credit clause of the U.S. Constitution states that each State must respect "the public acts, records and judicial proceedings in every other state." This is the reason out-of-state students don't have to get an Ohio driver's license to drive here. In the same way, a marriage certificate should not become null and void when a couple crosses a state border. Not every same-sex couple has the mobility to move to a state where such a union is permitted, nor should it be necessary. We don't expect same-sex marriage to be suddenly seen as socially acceptable nationwide. While states have the right to define marriage within their borders, they must still recognize unions made outside their borders as legitimate, even if the union is between a same-sex couple.
