ABSTRACT
This chapter provides an overview of marriage, describes the legal history of same-sex marriage, and explains the legal right to sexual privacy. Historically, in the U.S. marriage laws and regulations have been deferred to the states. The legal development of marriage since its inception in the U.S. is described, starting with antipolygamy laws, then state marriage regulation, followed by state gay bans on marriage. Next, the federal law, the Defense of Marriage Act of 1996, is described. Last, three U.S. Supreme Court rulings on same-sex marriage are analyzed.
