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Same-Sex Marriage, Human Rights, and the Law

For many same-sex couples, the fight for equality has been a constant; legal marriage has always been at the forefront of this battle for equal rights. In the past year, the increase in media exposure for marriage equality has provoked a variety of responses. Though this visibility has led to an increase in oppositional rhetoric, culminating in the recent passageof same-sex marriage bans in eleven states on November 2, 2004, it has at the very least gotten people to talk about marriage equality.

Regardless of this opposition, marriage has become an option for a limited number of same-sex couples, as a result of actions by the state of Massachusetts, public officials like San Francisco Mayor Gavin Newsom and "activist judges" across the country. Though the legality of the court-issued contracts has been challenged and Massachusetts marriage equality is still not equal, many same-sex partners were able to walk into a courthouse for the first time and legally be issued a government document allowing them a human right they perhaps never thought they would obtain. Of course, the significance of these documents is limited, even in states where marriage may be legalized, as they do not allow for the federal benefits that heterosexual families receive when they enter into a marriage contract. In any case, the debate over marriage equality has been forever altered as a result of the events of 2004.