Legislating Unequal Treatment: An Exploration of Public Policy on Same-Sex Marriage

Abstract

Social policy surrounding same-sex marriage has resulted in subsequent changes to public policy. Over the past 15 years, increased discussion surrounding the issue has emerged, inciting the Defense of Marriage Act (DOMA) and the proposed Federal Marriage Amendment (FMA). It is particularly salient for social workers to keep abreast of legislation that is impacting vulnerable and disenfranchised populations. Since the social work profession espouses social justice values for those who are oppressed, inclusion of gays and lesbians in this mission must take a higher priority, especially in light of the social capriciousness that has recently emerged. This article provides a history of the policies that have framed the current national debate about same-sex marriage as well as recent judicial and legislative changes. A summary of the social and economic consequences to same-sex marriage bans will be provided along with social work implications.