Gay Rights Against Civil Rights

In the past, there has been proposed amendments, such as the Federal Marriage Amendment, to ensure that marriage is between one man and one woman. However, the amendment was viewed as a way to discriminate same-sex couples and prevent them from getting married. On June 26 of this year, same-sex marriage became legal nationwide prohibiting all states from not allowing same-sex couples to get married. There has been various debates on amending the Constitution to state the rights of marriage within same-sex couples. The Constitution currently does not say anything about morality of marriage, but many people feel that a same-sex marriage amendment should be added to ensure the rights of married homosexuals (huelskamp.house.gov, Marriage Protection

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property without due process of law; nor deny to any person within its jurisdiction the

Same-sex marriage is protected by the Constitution. In 1974, The US Supreme Court ruled that: “freedom of personal choice in matters of marriage and family life is one of the liberties protected by the Due Process Clause.”

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. (US Constitution)

The fourteenth amendment has five clauses as follows: Citizenship Clause, Privileges and Immunities Clause, Due Process Clause, Equal Protection Clause, and Enforcement Clause. Of the five clauses, two were specifically addressed—Due Process and Equal Protection Clause. The Due Process Clause gives the right to marry, while the Equal Protection Clause states that a person shall not be denied equal protection of the law. These clauses were discussed in the case due to the state banning same-sex couples to marry. Additionally, the first amendment that “protects the rights of religious organizations to adhere to their principles…” was also brought up in the case, on the Respondent’s side (Oyez,

The court decided that the Due Process Clause of the Fourteenth Amendment guarantees that the right to marry is a fundamental liberty that belongs not only to opposite-sex couples but as well same-sex couples. The court believes the right to marry is a fundamental liberty because it protects the intimacy of the couple, defines the family and keeps the social order. Because the principles of marriage are the same for same-sex couples as opposite-sex couples then prohibiting same-sex couples the right to marry would violate the Due Process Clause of the Fourteenth Amendment. The Equal Protection Clause of the Fourteenth Amendment also guarantees that to deny same-sex couples the right to marry would also deny them equal protection under the law. So therefore, the Constitution protects the fundamental right of same-sex couples to

The Fourteenth Amendment mentions the immunities and privileges of an American citizen and how the State cannot enforce a law abridging it. It also states that the State cannot deprive any person of life, liberty, and property without due process of law.

The bill of rights guarantee religious freedom for everyone, so according to the law, denying same-sex marriage is a violation of religious freedom. According to Joe Messerli all major religions consider homosexuality to be a sin; however, the First Amendment of the Constitution clearly states that a person’s religious views or lack thereof must be protected. Therefore denying these marriages is a form of minority discrimination. That is the main reason of the Bill of Rights, so minorities can declare their rights and therefore perform them freely as the majorities.

One important issue in our world today is Gay Civil Rights. The question is “Should they have the same rights as straight people?” A lot of people say no, but a lot of people also say yes. Obama passed a law called “Don’t Ask Don’t Tell.” This law allowed homosexuals to go into the military. Why shouldn’t they be allowed to? There was also a Hate Crime law passed stating there will be no hate crime based on sexual orientation. Lastly there was the Respect for Marriage Act passed that allows homosexuals the same rights as heterosexuals.

The 14th Amendment in the United States Constitution forbids states from denying any person life, liberty and property without due process of the law. It further states that any person, within a state’s jurisdiction, cannot be denied equal protection of its laws. This amendment protects all people.

Supreme Court passed Proposition 8 which states that marriage should be between a man and a woman. Perry claims that not allowing gay couples to marry violates Amendment Fourteen, the Equal Protection Clause. On the contrary, Hollingsworth argues that same-sex couples are a bad example of married couples that have kids, as well as a religion that indicates a marriage solely for a man and a woman. This particular case questions if the Supreme Court has the right to say that a marriage should only be between a man and a woman and that if gay couples marry will it be a bad example to other marriages and the kids they have. Another case that this article brings up is United States v Windsor, in this case a couple that marries in Canada but lives in New York does not get defined as married couple. Since one of the partners passed away, all of the property the person left to her partner had taxes to be payed that she shouldn’t have to pay in the first place, but because in New York they weren’t an official married couple, she had to do

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. (From Amendment XIV section 1.1868)

Advocates for same-sex marriage base their argument in the equal protection clause of the 14th Amendment of the U.S. Constitution. They contend that same-sex couples are denied the basic right of marriage. Their

The second major discrimination of gay rights is marriage. Gay marriage is one of the most of controversial in the world today. For the past hundred years, traditional marriage is happened between a man and a woman, but now gay marriage becomes a part in our society. However, most of the culture in the world not acceptable of the same-sex marriage and had been forbidden. In United States, even though gay marriage had been approved by federal laws, most of people in our society still against it. Specially, religion also has a big impact of gay marriage. As we all know, many religious do not accept homosexuality, so gay do not able get marriage at church. Moreover, the government lacks controlling people that against same-sex marriage and we

Same Sex Marriage should be legalized in the United States. There are over 1,049 federal rights and also over 300 state rights (depending on what state) that couples receive when they become offical married of many of which are denied to people in civil unions. One of the most hypocritical statements in the constitution is that it specifically written that marriage is