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Many states have passed constitutional bans on gay marriage and the federal governmental policy passed under the Clinton administration called "The Defense of Marriage Act" (DOMA) prevents the federal government from recognizing same-sex marriages. While the Obama administration has decided not to defend DOMA in litigation, it is still the standing law.

The only way same-sex marriage could potentially become legal in all states would be for the federal government to pass legislation recognizing them, repealing DOMA or for the U.S. Supreme setting precedent by ruling against DOMA or a state constitutional ban...both of which are probably unlikely anytime soon

The strongest opposition against gay marriage comes from religious groups especially conservative and fundamentalist denominations. However, according to a Gallup Poll in May of 2011, a majority of Americans (53%) now favor extending the right to marry to committed gay couples. Americans are finding it more and more difficult to justify continued discrimination against gays.

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One reason that it is not legal yet in all the states is because people don't' like different.. they don't like the thought of anything being out of place with their "normal". So they would rather it be illegal then have to deal with being judged for allowing it to go on...

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11y ago
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8y ago

Historically, because the major religions forbade it in their religious texts and the religions held a great deal of power and such prohibitions were made part of the legislation. They told people it was against their particular gods will and as education was for the favoured few the masses believed their shaman.

It is now becoming far more acceptable.

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9y ago

Where same-sex marriage is not legal, the immediate reason is that the legislative and executive branches have not legalized same-sex marriage, and the judicial branch has not struck down laws banning same-sex marriage.

The legalization of same-sex marriage is part of a progression of legal changes brought about by gay rights activists, which include eliminating consensual sodomy laws, passing sexual orientation anti-discrimination laws and hate-crime legislation, eliminating non-consensual psychiatric treatment and psychological counseling intended to change one's sexual orientation, and permitting gay persons to serve openly in the military even in peace time.


Many countries have progressed to a point where some of these goals have been achieved, but not all. The movement has encountered a great deal of resistance, as there is to any societal change, and milestones are reached only when sympathetic public opinion and favorable government action advance together, each encouraging the other and overcoming any temporary backlash caused by successes, or momentary discouragement resulting from intermediary setbacks. Eventually, watershed moments build up pressure and a tipping point is reached when organized resistance dissipates.


Perhaps the greatest obstacle to the attainment of equal civil rights for gays and lesbians is the hatred and fear of gay people that has been created and nurtured by centuries of societal, governmental and ecclesiastical animosity towards non-heterosexuals, presumably for their failure to conform to the prescribed standards for heterosexual marriage and childbearing.


Another related Civil Rights Movement is that of transgendered persons, which is already gaining traction in many places and achieving successes that mirror those of the gay rights movement.

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9y ago

It is. Effective June 26, 2015, same-sex marriage is legal in all US states and territories. The reason it is : the United States Supreme Court ruled on that date that same-sex couples have a constitutional right to marry.

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11y ago

It is legal in some states (see related question below). In 1996, the duly elected members of the US House of Representatives and Senate passed the Defense of Marriage Act ("DOMA") and then President Bill Clinton signed it into law. Although part of that law was ruled unconstitutional by the US Supreme Court on June 26, 2013, the part that permits states to ignore same-sex marriages performed in other states is still in effect.

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12y ago

In many of the states where same-sex marriage is not legal, the reason is either that the legislature has successfully passed a statute banning it, or the state constitution has been amended to prohibit it, or both. In a few remaining states, there is no explicit ban on same-sex marriage, but it is nonetheless not permitted by the government based upon traditional interpretation of the existing marriage laws.

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9y ago

Because not every country believes in discriminination.

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Q: Why isn't same-sex marriage legal in all states?
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