Gay Marriage and the Constitution
Amberlee Ozment
Axia College of University of Phoenix
Gay Marriage and the Constitution Is it okay to not believe in gay marriage, yet at the same time support the constitutional rights of life, liberty and pursuit of happiness for homosexual couples? Even though most churches' beliefs conflict with marrying same-sex partners, government should not deny a person's right to their happiness; because any person, no matter race, color, sex, religion or sexual orientation, should be allowed to exercise their constitutional rights as Americans to pursue their happiness; and married gay couples should be able to have a spectrum of rights and benefits if their gay partnership is legalized.
Equal
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How long must gays fight for equal rights that they were given at birth as a legal citizen of America? If gay marriage is legalized, this would mean a restructuring for employers.
Benefits and Rights
If gay marriage is legalized, employers would therefore be affected. Affected in the way that benefits available to married heterosexuals will then be the same for married gay couples. In the event of legalizing gay marriage, same-sex married couples will be given a range of benefits that include employee benefits, inheritance and real estate rights, child custody, emergency health care procedures and tax laws. (Kuiow, Spring 2001) There are some employers that currently give domestic partners benefits, at their discretion. However, because there is not a final document of proof that a gay couple is indeed domestic partners, it makes it difficult for employers and others to determine what constitutes as a gay partnership. How does one go about in proving that they do in fact have a spousal equivalent in a same-sex relationship, rather than just a roommate? Granting gays the right to marriage or the equivalent of being married without the Church being involved would open up numerous solutions and put the gray areas of gay relationships to rest.
Resolution
As the numbers of gay couples have risen exuberantly in the last two decades, they no doubt
The United States of America was founded as a secular sanctuary for ideals like freedom, equality, and tolerance – few will argue against that. Over its history American culture has radically evolved as it strived to meet the ideals its nation was based upon, making changes like ending slavery and providing legal equality for women and minorities, changes that at the time seemed absurd but today are unquestionable merits that define what an “American” is. The quest to reach the ultimate utopian society continues today as true Americans fight the evils of ignorance, stubborn bigotry and the fear to change that still manifest themselves in a large portion of U.S. citizens, preventing this nation from moving forward. One of the outstanding minorities still left to be granted the ideals of freedom, equality, and tolerance are homosexuals trying to obtain the right to marry the person they want to spend the rest of their life with, regardless of gender. Same-sex marriages should be recognized in the eyes of the U.S. government in accordance with its responsibility to provide all American citizens equal freedoms.
In recent years, the debate over same-sex marriage has grown into a nationwide controversy, reverberating into the halls of congress, at the white house, in dozens of state and legislature and courtrooms, and in the rhetoric of election campaigns at both the national and state levels. As the debate rages on, the American religious community remains deeply divided over the issue, and over the morality of homosexuality. The debate has grown from an issue that occasionally arose in a few states to a national and even worldwide controversy.
“The freedom to marry has long been recognized as one of the vital personal rights
In a very real sense, it is reasonable to argue that the government should have no say at all in the processes of marriage, or decide which adults may or may not legally marry. State and federal governments play a role, of course, in that marriage is a civil union, and provides benefits and legal protections for the couple. Historically, marriage serves the interests of the society by promoting stability and future generations of citizens, and governments usually act in ways to promote this very vital element. At the same time, it is highly questionable whether this governmental authority should have any voice in who chooses to marry, provided those involved are adults and wish to do so. This is in fact, at the heart of the same-sex
On June 26, 2015, the US Supreme Court ruled that the US Constitution guarantees the right for same-sex couples to marry. Many conservative groups do NOT agree with this decision. The gay marriage debate has been simmering for as long as I can remember. The four articles I have selected give information from four different perspectives including that of liberals, conservatives, homosexuals, and orthodox Jews. With so many differing opinions, one can understand why it's been so hard for the nation to come to agree on this issue.
I join the opinion of the court in favor of Hodges and offer these accompanying thoughts. In order to determine if the state is required under the Fourteenth Amendment to license a marriage of same sex, we must establish a foundation in regards to marriage and its entitlements. The court argues that marriage “is not a fundamental right,” and with this conclusion, the state is not be required to legally recognize any marriage it does not see fit. Fundamental rights are due strict scrutiny, but issues of liberty interest only require rational basis. There is a significant difference between the two approaches with ‘rational basis’ only requiring that the law be related to a government interest. “Rational basis” review is generally used in cases where fundamental rights are of issue and is thus fitting for this case under these assumptions.” The constitution does not specifically list marriage as a fundamental right in the Bill of Rights or any of its additional amendments and thus leaves ample room for interpretation of is significance. The defense attempts to use the Fourteenth amendment in their defense as it asserts,
There are laws now that allow LGBT same sex marriage in 35 states, but there aren’t any laws that protect them from other situations. A nondiscrimination protection means if a gay worker were to wear his/her wedding ring to their place of employment, they could be legally fired. We are all human beings trying to seek the same things, so what makes a heterosexual and a homosexual any different in the workplace? This isn’t an unnecessary law. In fact, we need to unite as one and help those who are being discriminated against for wanting the same things we all want. As a human, this shouldn’t even be an issue, but sadly enough it is a huge problem that needs to be addressed. “LGBT workers often cannot extend their health insurance coverage to their partners or children. Without family and marriage tax deductions, LGBT families may pay additional taxes” said Laura E. Durso, Director of CAP’s LGBT Research and Communications
Homosexual marriage is one of the old but controversial issues around the world. Compared to the past, it seems to become a more open debate among people. At the same time, people seem to be more swayable than before, but towards the gay marriage, different voices have still been hovering in the air. Gay people and their supporters have been striving for their rights to get married legally, while others who against gay marriage have never stopped deterring it.
Traditional wedding vows state, “I, (name), take you (name), to be my (wife/husband), to have and to hold from this day forward, for better or for worse, for richer, for poorer, in sickness and in health, to love and to cherish; from this day forward until death do us part”(Callaway). Marriage is defined as two people bond together legally under the protection of laws. Couples are able to express and establish their life long relationships officially, publicly, and permanently. Due to the fact that homosexual relationships are increasingly more accepted by the public, gay marriage has become one of the most controversial topics throughout the US. The fundamental human right of marriage should not be limited to a man and a woman;
The problem with the issue of gay marriage is being faced across the country. This issue has grown in popularity as we have progressed through our stages of taboo to acceptance of gays and their lifestyle. The media and remodels have expressed their acceptance of the issue by exploring the lifestyle and publicizing it. Now California has moved to the forefront of modern attempts to eliminate the codified restrictions on their life. With a high gay population and being one of the most populated states California has been the foreground for the step to make gay marriage deemed unconstitutional.
Even though the Supreme Court’s ruling has brought marriage equality to all 50 states, 31 states still lack clear, fully-inclusive non-discrimination protections for LGBT citizens. This means that despite the ruling, LGBT Americans can get legally married but still be at risk of being denied services for who they are or risk being fired simply for getting married and wearing their wedding ring to the office the next day. Discrimination is a real and persistent problem for too many LGBT Americans. Nearly
Over the years in America life has tremendously changed in this society as homosexuality is becoming a more controversial topic to many . In this past decade, this topic has sprung to the top of religious and political debates . Homosexuality has led to a debate of social matter, however when it comes to laws to protect homosexuals' rights, and equal right that other Americans have society turns its nose up in disgust. The individuals of today fear a world of change and are stuck in their "old ways". I'm here to say that it is time for a change. The lesbians, gays, bisexual, and transgender (LGBT) community should have the same rights as other American.
AFTER GAY MARRIAGE, what will become of marriage itself? Will same-sex matrimony extend marriage's stabilizing effects to homosexuals? Will gay marriage undermine family life? A lot is riding on the answers to these questions. But the media's reflexive labeling of doubts about gay marriage as homophobia has made it almost impossible to debate the social effects of this reform. Now with the Supreme Court's ringing affirmation of sexual liberty in Lawrence v. Texas, that debate is unavoidable.
Gay marriage is a very talked about topic in are country that shouldn’t be ignored. I believe men and women should be able to love freely and not be shamed by it. Marriage is a great factor in the United States. To some people it’s what we live for; is to get married and start a family. To not give everyone the same opportunity to have a happy marriage and family is unlike us. This problem is bringing a lot of hate, the same hate that was used in racial discrimination so why not give gays equal rights like everyone else. Andrew Sullivan wrote a article that shares his experiences of coming out and being accepted. When puberty hit he started to realize he wasn’t the same. He knew that his marriage is not going to be the same as his
Gay marriage should be legal because as woman and man, all individuals have the same right in society; because same-sex couples can constitute a good based family; because it is just a way to make official a common union nowadays, even with the religious issue; because it is not related to polygamy; and because love matters and it does not differ in nature according to the sex of its object or the person who experiences it.