Unenumerated rights might include the right to travel, and the right to raise a family and the right to privacy. The Ninth Amendment appears to have been written in at least partial recognition of the existence of unenumerated rights (Vile). The United States of America offers legally married couples numerous helpful benefits, of which many lesbian, gay, bisexual, transgender (LGBT) people miss out. Some of these benefits include: the right to inherit property, the right to adopt children, the right to file joint tax returns, the right to visit one's spouse in the hospital, the right to receive social security when one's spouse dies and the right to have joint health, vehicle and life insurance policies (Same-Sex Marriage: Overview). .
Voters in 26 states, which all together represent about 43 percent of the U.S. population, have approved constitutional amendments banning marriage for same-sex couples - many of which also ban other same-sex recognition such as domestic partnerships and civil unions (Jost). Many states have already legalized same-sex marriage, leading the way for other states to do so. In 2004, Massachusetts permitted same-sex couples to marry. In 2008 The Supreme Court of Massachusetts decreed that the state constitution assures same-sex couples equal right to marriage. The first same-sex marriages in Massachusetts were performed on November 12th that year. In 2009, The District of Columbia City Council approved the legislation allowing same-sex couples the right to marry, Vermont legalized same-sex marriage, The Iowa Supreme Court affirmed that their previous ban of same-sex marriage was unconstitutional and therefore permitted same-sex marriage and The New Hampshire legislature passed and governor John Lynch signed a bill legalizing same-sex marriage. The bill took effect on January 1, 2010. In 2010 the U.S. District Court of Northern California decreed that Proposition 8, which prohibited same-sex marriage in the state of California, was unconstitutional and therefore legalized same-sex marriage, the New York State Legislature passed a bill permitting same-sex marriage.