Marriage is the state of being united to a person of the opposite sex as husband or wife in a consensual and contractual relationship recognized by law.[1] However, marriage can also be the state of being united to a person of the same sex in a relationship like that of a traditional marriage.[1] Marriage has traditionally been an important part of American society.
In the early 18th century, rarely did individuals look beyond fairness, kindliness, and good temper in a potential mate.
Marriage laws have changed over the course of United States history, including the removal of bans on interracial marriage. In the twenty first century laws have been passed enabling same-sex marriages in several states.
According to the United States Census Bureau, 2,077,000 marriages occurred in the United States in 2009.[2] The median age for the first marriage of an American has increased in recent years;[3] The median age in the early 1970s was 21 for women and 23 for men, and had risen to 26 for women and 28 for men by 2009.[4]
Marriages in the United States differ in a variety of ways.[5] The differences range in aspects such as religion, the type of marriage, residential patterns, and reasons for marriages.[6] Reasons for marriage may stem from a desire to have children, love, or economic security.[7] There are individuals who may use marriage as a way to acquire a green card; the Immigration Marriage Fraud Amendments of 1986 established laws to avoid such instances.[8] In 2003, 184,741 immigrants were admitted as spouses of United States citizens.[9]
In the event that a marriage fails, divorce is an option. Laws vary from state to state, and address the division of property, child support, and other legal issues. "Married adults now [2005] divorce two-and-a-half times as often as adults did 20 years ago and four times as often as they did 50 years ago... between 40% and 60% of new marriages will eventually end in divorce. The probability within... the first five years is 20%, and the probability of its ending within the first 10 years is 33%... Perhaps 25% of children ages 16 and under live with a stepparent."[10]
Other than marriage, there are three types of relevant unions in the United States: civil unions, domestic partnerships, and cohabitation. A civil union is "a formal union between two people of the same or of different genders which results in, but falls short of, marriage-like rights and obligations."[11] In the U.S., domestic partnership is a city-, county-, state-, or employer-recognized status that may be available to same-sex couples and, sometimes, heterosexual couples.[12] Cohabitation refers to two unmarried people who are in an intimate relationship and live together.[13]
Only rarely in American history has love been seen as the main reason for getting married.[14] In the early 18th century individuals often said they looked for "candor" in each other, meaning fairness, kindliness, and good temper.[14] "People wanted a spouse who did not pry too deeply. The ideal mate, wrote U.S. President John Adams in his diary, was willing to 'palliate faults and mistakes, to put the best construction upon words and actions, and to forgive injuries.'"[15]
Since the founding of the country, marriage between whites and persons of color were derived as "immoral" and "unnatural." In 1948, the California Supreme Court became the first state high court to declare a ban on interracial marriage unconstitutional. In 1967, the U.S. Supreme Court struck down remaining interracial marriage laws nation wide.[16]
In the United States there have been three basic marriage models: The historic Judaic-Christian marriage model, the Romantic marriage model, and the Rationalistic marriage model.[17] The historic Judaic-Christian model has roots deep within Jewish tradition.[17] This model views marriage as a very special gift from God that should be used for man’s benefit.[17] By taking care of his spouse and living life the way God intended for man to live, man therefore serves God.[17] According to this model, a man and woman experience a very special bond through marriage.[17] Though not commonly referred to as a sacrament to American Protestants, Roman Catholics commonly refer to marriage as a sacrament.[17] The Judaic-Christian model believes that the institution of marriage is a creation of God and that the couple is joined together by God.[17] The purpose and function of marriage in this model is to have companionship between man and woman, to love each other, and to help one another with the daily struggles of everyday life.[17] The second purpose is to have children and be an outlet for sexual expression.[17]
The first new marriage models to emerge in the United States was the "romantic".[18] The romantic model copied emerging themes,[18] and had an enormous impact on the United States. Because it was not originally associated with marriage, it was not known when exactly romantic love became apart of a marriage model.[18] Troubadours, poets, and writers of popular love songs magnified its attention. In the romantic model, marriage is optional and may therefore be impermanent.[18] This has had a large impact on the emergence of the newest marriage model, the "rationalistic".[18]
In the romantic marriage model, two individuals find themselves drawn together by love. However, one of the problems with the romantic marriage model is the perceived social irresponsibility.[19] Assuring stability in the family has now become a main focus, leading to the rationalistic marriage model.[19] In this model, two people are drawn together by both love and common traits.[19] With this marriage model, mates are carefully chosen based on personal and social traits of the two individuals.[19] Not only is the rationalistic model based on fidelity, but one of the main goals is the pure happiness of the people involved.[19]
In 1940, the University of Pennsylvania conducted a study about premarital sex life. Male students who participated had great difficulty in facing marriage with a girl who has had sexual relations.[20]
Since 1970, societal changes have occurred affecting families. For instance, the percentage of single mothers with children has risen about 30%. Employment of mothers with young children (6 and under) has also risen about 30%.[21]
The four maps on the right shows the trend of married, widowed, separated, and divorced households in the United States in the year 2000. The map on the bottom left shows that the west coast had the highest percentages of households to go through divorce. According to the map bottom right of the census chart the south east coast and New Orleans had the highest percentage of separated houses in the U.S. The northeast had the highest percentages of marriages. The highest percentages of widowed households was in the Midwest.
As of 2006, 55.7% of Americans age 18 and over were married.[22] According to the 2008-2010 American Community Survey 3-Year Estimates, males over the age of 15 have married 51.5%. Females over the age of 15 have married 47.7%. The separation rate is 1.8% for males and 0.1% for females.[3]
African Americans have married the least of all of the predominant groups (White, African American, Native Americans, Asian, Hispanic) in the U.S. with a 29.9% marriage rate, but have the highest separation rate which is 4.5%. This results in a high rate of single mother households among African Americans.[3] This can lead a child to become closer to their mother, the only caregiver. Yet with only one parent furnishing resources, economic stress can result.[23] Native Americans have the second lowest marriage rate with 37.9%. Hispanics have a 45.1% marriage rate, with a 3.5% separation rate.[3]
In the United States, the two ethnic groups with the highest marriage rates included Asians with 58.5% and Whites with 52.9%. Asians have the lowest rate of divorce among the main groups with 1.8%. Whites, African Americans, and Native Americans have the highest rates of being widowed ranging from 5%-6.5%. They also have the highest rates of divorce among the three, ranging from 11%-13% with Native Americans having the highest divorce rate.[3]
In 2009, 2,077,000 marriages occurred in the United States.[2] The median age for Americans' first marriage has risen in recent years,[3] with the median age at first marriage in the early 1970s being 21 for women and 23 for men, and in 2009, it had risen to 26 for women and 28 for men.[4]
According to the 2010 U.S. Census Bureau, the average family income is higher than previous years at $62,770.[24] The percentage of family households below the poverty line in 2011 was 15.1%, higher than in 2000 when it was 11.3%.[25]
In 2008 a report was taken out by major research foundations including The Young Foundation (UK),The Bertelsmann Foundation (DE), The European Center for Social Welfare Policy and Research (EU), and other foundations around the world. These foundations combined their own research to show what to expect families to look like in the next twenty years or so.[26] These factors included:
In industrialized countries, such as the United States, fertility rates have been lower than non-industrialized countries. Women have had children later in life, which has resulted in fewer births per woman. With a higher percentage of women in the work force, more women have diverted their attention away from establishing a family.[26] This has led to speculation that, in the next 20 years, the native U.S. population is not going to increase as fast as it did in the 20th century. Despite increased longevity, the number of members per family is not projected to increase.[26]
As of 2006, roughly 12%-14% of the U.S. population was foreign born. This is attributed to legal immigration from around the world and illegal immigration from adjacent countries, such as Cuba and Mexico.[26]
With increased longevity, more great grandparents and great grandchildren is anticipated. For the married couple this can either mean more sources of sibling, kin, and parental support or more stress from having to take care of more elderly and young family members—yet there will be fewer siblings within the family. Due to a constant flow of immigration, both legal and illegal, marriages can be projected to be more interracial and culturally diverse, which would lead to the majority white culture becoming the largest minority, leaving behind a more diverse population than currently present in the United States.[26]
In 2004, Northwestern University developed a basic marriage course. It covered seven domains:
In the U.S., there are various types of marriage, including monogamy, serial monogamy, polygamy, and polyandry. Monogamy is when one person marries one other person, and is the most common and acceptable form of marriage.[6] Serial monogamy is when individuals are permitted to marry again, often on the death of the first spouse or after divorce; they cannot have more than one spouse at one time.[6][27] Polygamy and polyandry are forms of marriage in which one man or one woman marries multiple women or men at a given time.[6] Part of the function of looking at marriage from a sociological perspective is to give insight into the reason behind various marital arrangements.
There are several reasons that Americans marry. The desire to have children is one; having a family is a high priority among many Americans.[7] People also desire love, companionship, commitment, continuity, and permanence.[7] There are some reasons for marriage that are ephemeral. These reasons include social legitimacy, social pressure, the desire for a high social status, economic security, rebellion or revenge, or validation of an unplanned pregnancy.[7]
Throughout history, love has increasingly become a priority in a marriage. There are a number of different theories about love.[28] American psychologist Zick Rubin proposed that romantic love is made up of three elements: attachment, caring and intimacy.[28] "Caring involves valuing the other persons' needs and happiness as much as your own. Intimacy refers to the sharing of thoughts, desires, and feelings with the other person."[28] From the development of his conception of love, Rubin devised a questionnaire called Rubin's Scales of Liking and Loving.[28] Along with romantic love, there is also compassionate love and passionate love as devised by psychologist Elaine Hatfield and her colleagues.[28] "Compassionate love is characterized by mutual respect, attachment, affection and trust."[28] It usually develops out of feelings of mutual understanding and shared respect for one another.[28] "Passionate love is characterized by intense emotions, sexual attraction, anxiety and affection."[28] It arises when people's expectation of falling in love and finding ideal love is believed to be fulfilled, and the person experiences arousal in the presence of their love interest.[28] Passionate love usually only lasts between 6 and 30 months, according to Hatfield.[28] It would be ideal to have passionate love lead to compassionate love, but Hatfield believes that this is rare.[28]
There are also many perspectives of love. Two of these perspectives are: (1) a "Color Wheel Model of Love" was proposed by John Lee that includes Lee's 6 Styles of Loving; and (2) the Triangular Theory of Love.[28] In Lee's 1973 book The Colors of Love, he compared styles of love to the color wheel. Just like colors, there are three primary styles of love: Eros, Ludos and Storge.[28] Eros is loving an ideal person, Ludos is love as a game, and Storge is love as friendship.[28] There are also three secondary styles in Lee's theory: Mania, Pragma, and Agape.[28] Mania is a combination of Eros and Ludos and means obsessive love. Pragma is a combination of Ludos and Storge which means realistic and practical love. Finally, Agape is a combination of Eros and Storge which becomes selfless love.[28] The Triangular Theory of Love is a theory proposed by Robert Sternberg. It suggests that there are three components of love: intimacy, passion, and commitment.[28] Various combinations of these components result in different types of love. "A combination of intimacy and commitment results in compassionate love, while a combination of passion and intimacy leads to passionate love."[28] Sternberg proposes that relationships built on at least two of these elements are more enduring and in order to consummate love, there must be a the combination of all three components. This type of love is the strongest and most enduring, however Sternberg believes that this kind of love is rare.[28]
Most wedding traditions were assimilated from other countries, specifically Europe.[29] Marriages in the U.S. are typically arranged by the participants and ceremonies may either be religious or civil. There was a tradition that the prospective bridegroom ask his future father-in-law for his blessing. This tradition is rarely observed today.[29] When it is the first wedding for the bride, a typical U.S. traditional wedding tends to be more elaborate. It is also tradition that the bride’s maid of honor plans a wedding shower prior to the wedding, where the bride-elect receives gifts from family and friends.[29]
More traditional U.S. weddings take place in a religious setting. The bride and groom invite all their family and friends. There may be bridesmaids and groomsmen, who include the maid of honor and best man.[29] Depending on the religion of the bride and groom, a religious leader (a priest, rabbi..etc) conducts the ceremony. During the ceremony, the bride and groom vow their love and commitment for one another with either written vows they have prepared themselves, or with the traditional vows that the church gives them.[29] Towards the end of the wedding ceremony it is often tradition for the religious leader to ask the congregation if they know of any reason why the man and woman should not be married.[29] If no one objects, the couple then exchanges rings, which symbolizes their never-ending love and commitment towards one another.[29] Finally, for the first time in public, the couple is pronounced husband and wife. It is then that they share their first kiss as a married couple and thus seal their union.[29] For some weddings, as the couple begins to leave the church, family and friends throw rice or wheat their way, which symbolizes fertility.[29] The average cost of a wedding can range anywhere from $27,000-$40,000 which doesn't include the honeymoon.[30]
After the actual wedding ceremony itself, there may be a wedding reception.[29] During this reception it is tradition that the best man and the maid of honor proposes a toast.[29] The couple may receive gifts.[29] These gifts help the new couple to start their lives together. Lasting several days or weeks, the couple then usually goes on a honeymoon to celebrate their marriage.[29]
Marriage laws are established by individual states.[31] In the United States, there are two methods of receiving state recognition of a marriage: common law marriage and obtaining a marriage license.[32] Common-law marriage in the United States is no longer permitted in most states.[31]
Though federal law does not regulate state marriage law, it does provide for rights and responsibilities of married couples that differ from those of unmarried couples. Reports published by the General Accounting Office in 1997 and 2004 identified over 1000 such laws.[33]
A major political issue that emerged in the United States in 2003 was the debate over whether to allow same-sex couples access to the institution of civil marriage. This major political issue is credited to three important court decisions. The court decisions are as follows:[34]
Same-sex marriage in the United States is currently legal in six states: Massachusetts, Connecticut, Iowa, Vermont, New Hampshire and New York. Laws vary because marriage laws are the purview of individual states. The social movement to obtain the right of same-sex couples to marry began in the early 1970s, and the issue became prominent in U.S. politics in the 1990s. Massachusetts has recognized same-sex marriage since 2004. Nine states and the District of Columbia offer same-sex legal unions that offer some or all of the rights and responsibilities of marriage, but these rights are not automatic with civil union as a result of a federal statute.[37] In contrast, twenty-six states have constitutional amendments explicitly barring the recognition of same-sex marriage. Forty-three states have statutes restricting marriage to two persons of the opposite sex, including some of those that have created legal recognition for same-sex unions under a name other than "marriage." A small number of states ban any legal recognition of same-sex unions that would be equivalent to civil marriage.[37]
State anti-miscegenation laws banning interracial marriage have a long history in the United States, dating back to the 1660s. These laws were gradually repealed between 1948 and 1967. The U.S. Supreme Court declared all such laws unconstitutional in Loving v. Virginia in 1967.[38]
The term polygamy can be defined as “a condition or practice or culture of having more than one spouse.”[39] The United States is seen as a Monogamous nation (a nation where polygamy is a criminal defense).[39] In the United States, an estimated 100,000 people are practicing polygamy secretly and illegally.[39] A large number of these people include those who call themselves fundamentalist Mormons,[39] but polygamy was banned in Mormonism in 1890 and no Mormons, defined as people who follow The Church of Jesus Christ of Latter-day Saints, are affiliated with any polygamous groups.[40]
In the United States, activist Jack Baker and Michael McConnell applied for a marriage license in Minnesota in 1970. This was denied, because they were the same sex. There were no state laws or precedents regarding same-sex marriages.[41] They tried to argue that denying a license on that basis in Minnesota was unconstitutional, but the trial and appeals courts ruled against them.[41] Other same-sex couples in the seventies tried to obtain marriage licenses, but most were unable to get them for the same reason as Baker and McConnell.[41]
When the HIV/AIDS epidemic occurred in the 80’s and 90’s, much of the focus in the gay community shifted to addressing and fighting the disease, and little priority was given to other aspects of gay life, such as promoting same-sex marriages and gay rights.[41] By 1985, people were more informed about AIDS/HIV and realized that the disease had not been confined within the gay community. Some still argued it was a reason to oppose same-sex marriages.[41][42] The epidemic actually helped the image of gay men by giving them some positive attention.[42] More gays revealed their sexual identities. Discrimination diminished, leading to more open pursuit of marriage by the mid 90’s.[42] Revising marriage laws to include same-sex did not seem achievable at that time, so gays focused on laws permitting the more acceptable domestic partnerships.[42] In the 2000s, the number of laws and court rulings that have not favored gays have outnumbered those that do, but gays have still made significant legal progress relating to gay marriages and marriage rights.[43]
Some marriages involve homosexuals rather than heterosexuals. A same-sex marriage is a marriage between two people who identify as the same gender or sex. Views on same-sex marriages in the U.S. have begun to substantially change only in the past few decades. The majority of people have defined marriage as specifically between a man and a woman, but society has become more tolerant of same-sex couples. People who have supported same-sex marriage have stated that a person’s sexual orientation should have nothing to do with whether or not they get certain rights.[21] They have argued that letting same-sex couples marry will make the individuals healthier overall.[21] Those who have opposed same-sex marriage have said that it threatens religion and ruins the traditional view of marriage that, for the most part, worldwide society has historically embraced.[21]
Religions in the U.S. have many different opinions of what sorts of same-sex activity and rights should be allowed.[42] Certain religions do not perform same-sex marriages for the sake of separating them from religious affairs, but tolerate civil same-sex marriage ceremonies.[42] Others refrain from performing them because they believe in the separation of church and state.[42] Congregations within the same denomination may even differ in the behaviors each supports.[42] Many who oppose same-sex marriage are conservative Christians and believe homosexuality to be a sin. Some religious leaders are so fiercely opposed to it that they try to alter the gay person's views on homosexuality by subjecting them to intense classes or sessions in which the goal is to force them to change their orientation and/or repress homosexual feelings. Some people talk about passages in the Bible and how they teach that homosexuality is a bad thing, while others argue that the overall messages, for example, love, override the few anti-gay passages. Religions that have a strong anti-gay stance are Orthodox Judaism, Mormonism, Catholicism, Islam, and conservative Christian denominations.[42] Some religions seem to be indifferent to homosexuality, such as Hinduism and Buddhism, and don't support or reject it.[42] A few branches of religions do support same-sex marriage and homosexuality, such as Reform Judaism.[42]
A green card is the way immigrants from other countries become a permanent resident of the United States. According to the United States Census Bureau "Every year over 450,000 United States citizens marry foreign-born individuals and petition for them to obtain a permanent residency (Green Card) in the United States."[44] In 2003, 184,741 immigrants were admitted to the U.S. as spouses of U.S. citizens.[9]
The applicant must already be married. There are conditional requirements in order to obtain a green card through the marriage process. The prospect must have a conditional green card. This becomes permanent after approval by the government. The candidate may then apply for United States citizenship.[45]
A conditional residence green card is given to applicants who are being processed for permanent residence in the United States because they are married to a U.S. citizen. It is valid for two years. At the end of this time period if the card holder does not change the status of their residency they will be put on “out of status”. Legal action by the government may follow.[46]
Because there are different procedures based on whether the applicant is already a U.S. citizen or if the applicant is an immigrant. The marriage must also be legal in, if appropriate, the emigrant's country.[45]
A public law was passed to deter marriage fraud among immigrants. The major stipulation is that if the immigrant is married for less than two years they are classified as conditional immigrants. The two year period is not from the time they get married, but from the time that residency is granted. In order to remove this classification the immigrants must apply for U.S. Citizenship ninety days before the second-year anniversary of still being considered conditional.[8]
There are several reasons why the conditional immigration status can be terminated. Those include divorce, marriage is not valid, or the couple failed to petition the Immigration Service to remove the classification of conditional residency. If the Immigration suspects that an alien has created a fraudulent marriage the immigrant are subject to removal from the United States. The marriage must be fraudulent at its inception and can be determined by several factors. The several factors are the conduct of parties before and after the marriage is relevant, and the bride and groom’s intention of establishing a life together. The validity must be given by the couple by showing insurance policies, property, leases, income tax, bank accounts, etc. The final decision is determined by if the sole purpose of the marriage was to gain benefits for the immigrant. The punishment for fraud is a large monetary penalty, possibility of never becoming a permanent resident of the United States, and jail time for the spouse. These Amendment Acts cover spouses, children of spouses, and K-1 visa fiancés.[8]
The Immigration and Nationality Act of 1952 has been amended many times, but still remains the basic and central body of immigration law.[47]
Immigrants who use the reason of family ties to gain entry into the United States are required to document financial arrangements. The sponsor of a related immigrant must guarantee financial support to the family.[48] These guarantees form a contract between a sponsor and the federal government. It requires the sponsor to support the immigrant relative at a level equivalent to 125% of the poverty line for his or her household size. A beneficiary of the contract, the immigrant, or the Federal Government may sue for the promised support in the event the sponsor does not fulfill the obligations of the contract. The sponsor is also liable for the prevailing party’s legal expenses.[49]
Divorce does not end the sponsor’s obligation to provide the support deemed by the contract. The only ways to terminate the obligation are the immigrant spouse becomes a U.S. citizen, the immigrant spouse has worked forty Social Security Act eligible quarters (10 years), the immigrant spouse is no longer considered a permanent alien and has left the U.S., the immigrant spouse obtained an ability to adjust their status, or the immigrant spouse dies. A sponsor’s death also cuts off the obligation, but not in regards to any support the sponsor already owes which will be paid but the sponsor’s estate.[49]
Some women from the third world advertise themselves as mail-order brides. Men from industrialized countries write them and may choose to arrange a marriage with them. The women use this route to escape poverty in their country.
Initially, it was conducted through mailed catalogs, but now, more often, on the internet. Prospective brides are typically from developing nations such as South/Southeast Asia, the Philippines, Thailand, Sri Lanka, India, Taiwan, Macao, South Korea, Hong Kong, and China. Brides from Eastern European countries have been in demand.[50] The mail-order bride phenomenon can be traced as far back as the 1700s and 1800s.[51] This was due to the immigration of European colonizers who were in far away areas and wanted brides from their homeland.[51]
First world governments have speculated that another reason for foreign women, marrying men in their country, is to provide an easy immigration route by staying married for a period of time sufficient to secure permanent citizenship, and then divorce their husbands. Whether the brides choose to remain married or not, they could still sponsor the rest of their families to immigrate. Precautions have been taken by several countries such as the United States, Great Britain, and Australia. They have fought the proliferation of the mail-order bride industry through amending immigration laws. The United States addressed the mail-order bride system by passing the Immigration Marriage Fraud Amendment of 1986.[52] Great Britain and Australia have experienced similar problems and are trying to deal with the issue.[50]
In 2000, 36,000 same-sex bi-national couples were living in the United States. A majority of these couples were raising young children.[53] Females constitute 58% of bi-national families; 33% are male bi-national.[53]
The revision of American immigration law imposed a ban on homosexual people began in 1952.[53] The language barred “aliens afflicted with psychopathic personality, epilepsy or mental defect.”[53] Congress explicitly intended this language to cover “homosexuals and sex perverts.” The law was amended in 1965 to more specifically prohibit the entry of persons “afflicted with… sexual deviation.”[53] Until 1990, “sexual deviation” was grounds for exclusion from the United States, and anyone who admitted being a homosexual was refused entry.[53] Lesbian and gay individuals are now admitted. The ban remains in effect for same-sex couples.[53]
In 1967, the Supreme Court confirmed that when describing a homosexual person they were to be referred to as a “psychopathic personality”.[53] Twenty-one year old Clive Boutilier, a Canadian, had moved to the United States in 1955 to join his mother, stepfather, and 3 siblings who already lived there.[53] In 1963, he applied for US citizenship, admitting that he had been arrested on a sodomy charge in 1959.[53] He was ordered to be deported. He challenged his deportation until it became a federal matter and became a case for the Supreme Court. In a six-three decision, the court ruled that Congress had decided to bar gay people from entering the United States:[53] “Congress was not laying down a clinical test, but an exclusionary standard which it declared to be inclusive of those having homosexual and perverted characteristics…" Congress used the phrase ‘psychopathic personality’ not in the clinical sense, but to effectuate its purpose to exclude from entry all homosexuals and other sex perverts.”[53] Boutilier was torn from his partner of eight years. According to one historian, “Presumably distraught about the Court’s Decision… Boutillier attempted suicide before leaving New York, survived a month-long coma that left him brain-damaged with permanent disabilities, and moved to southern Ontario with his parents, who took on the task of caring for him for more than twenty years.”[53] He died in Canada on April 12, 2003, only weeks before that country moved to legalize same-sex marriage.[53] Even with the ban being enforced homosexual people still managed to come to the United States for several reasons, but especially to be with the people they loved.[53] The fight to allow homosexual immigrants into the United States continued in the mid-1970 with an Australian national named Anthony Sullivan.[53] He was living in Boulder, Colorado, with his American partner, Richard Adams.[53] When Sullivan’s visitor’s visa was about to expire, they managed to persuade the county clerk to issue them a marriage license, with which Sullivan applied for a green card as Adams’ spouse.[53] They received a negative reply from the Immigration and Naturalization Service. Sullivan and Adams sued, and in 1980, the Ninth Circuit Court of Appeals concluded that because Congress intended to restrict the term “spouse” to opposite-sex couples, and because Congress has extensive power to limit access to immigration benefits, the denial was lawful.[53] The ban was finally repealed in 1990, but without making any provision for gays and lesbians to be treated equally with regard to family-based immigration sponsorship.[53]
Two-thirds of legal immigrants to the United States arrive on family-based petitions, sponsored by a fiancé, spouse, parent, adult child, or sibling.[53] “Family reunification” lies at the heart of the U.S. immigrations system. However, separating same-sex couples is a principle Congress favors. In 1996, Congress passed the Defense of Marriage Act, which forbids recognizing same-sex partners as spouses or family members for any federal purpose, including immigration.[53] Despite the gains that same-sex couples have made on the local level in some states, same-sex couples are not eligible for immigration benefits.[53] Immigration recognition is completely controlled by the federal government, and federal law does not recognize same-sex couples for any reason, even if they are married in Massachusetts, California, or abroad.[53]
Divorce is the province of state governments, so divorce law varies from state to state. Prior to the 1970s, divorcing spouses had to allege that the other spouse was guilty of a crime or sin like abandonment or adultery; when spouses simply could not get along, lawyers were forced to manufacture "uncontested" divorces. The no-fault divorce revolution began in 1969 in California; South Dakota was the last state to allow no-fault divorce, in 1985. No-fault divorce on the grounds of "irreconcilable differences" is now available in all states. However, many states have recently required separation periods prior to a formal divorce decree. State law provides for child support where children are involved, and sometimes for alimony.[54]
" According to the book Marriage, Families, and Intimate relationships by Brian Williams married adults now divorce two-and-a-half times as often as adults did 20 years ago and four times as often as they did 50 years ago... between 40% and 60% of new marriages will eventually end in divorce. The probability within... the first five years is 20%, and the probability of its ending within the first 10 years is 33%... Perhaps 25% of children ages 16 and under live with a stepparent."[10] The median length for a marriage in the US today is 11 years with 90% of all divorces being settled out of court.[54]
More than one million children in the United States emotionally suffer from the divorce of their parents each year.[55] Out of these children, more than half of them, each year, will see their parents divorce before they are eighteen years old.[55] Emotional impact on children from their parents divorce may still be unresolved after they become adults.[55] According to The Heritage Foundation, “children whose parents have divorced are increasingly the victims of emotional and sexual abuse. They exhibit more health, behavioral, and emotional problems, are involved more frequently in and drug abuse, and have higher rates of suicide.” [55]
According to attorney Lloyd Duhaime, "a civil union is a formal union between two people of the same or of different genders which results in, but falls short of, marriage-like rights and obligations."[11] The people must be adults (18 years of age or older), currently unmarried or in another union, and be ready to commit to their spouse and future family the same obligations as a marriage requires.[11] A difference between civil unions and marriages is that if the two people decide they want to end their union, no judicial paperwork is necessary, as long as the couple has no children. This means the pair can draft a document that says they want to separate and it is legal.[11] In this manner, it is similar to uncontested divorce between people of the opposite sex.
In the United States of America, domestic partnership is a city-, county-, state-, or employer-recognized status that may be available to same-sex couples and, sometimes, heterosexual couples.[12] Although similar to marriage, a domestic partnership does not confer any of the 1,138 rights afforded to married couples by the federal government, but the state government may confer some of its rights.[12] Because domestic partnerships in the United States are determined by each state or local jurisdiction, there is no nationwide consistency on the rights, responsibilities, and benefits accorded domestic partners.[12] Some couples enter into a private, informal, documented domestic partnership agreement, specifying their mutual obligations because the obligations are otherwise merely implied, and written contracts are much more valid in legal circumstances.[12]
Cohabitation refers to two unmarried people who are in an intimate relationship and live together.[13] Some couples cohabit as a way to experience married life before they are actually married.[56] Some cohabit instead of marrying.[56] Other couples may live together because other living arrangements are less desired.[56] In the past few decades, societal standards that discouraged cohabitation have faded and cohabiting is now considered more acceptable.[56]
The Immigration Marriage Fraud Amendments Act of 1986 amended § 1325 by adding § 1325(c), which provides a penalty of five years imprisonment and a $250,000 fine for any "individual who knowingly enters into a marriage for the purpose of evading any provision of the immigration laws."
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