Legalization Of Gay Rights

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.

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.

For the past 3 decades the views surrounding marriage has undergone a great deal of change (Lennox, 2015, p. 1101). This shift is due to the continual discussion of gay marriage. The interplay of religion and politics has led for much controversy. In the United States, the use of Christian and Jewish biblical texts are the main sources drawn upon for opposition, but have also been used as a supportive means of equality. Beyond the religious there are also psychological and physical health arguments, as well as civil rights arguments. Same sex marriage is examined through different paradigms, thus giving rise to religious, political/legal, and religious arguments surrounding the legalization of this institution for gay and lesbian couples.

In the summer of 2015 the U.S supreme court ruled in favor to legalize same-sex marriage in all 50 countries in the United States. This all occurred because of the Obergefell v. Hodges (2015) case. This very important case involved “14 same-sex couples and two men whose same-sex partners are deceased” and the couples argued that the “state officials violated [their] 14th amendment by denying them the right to marry or to have marriages lawfully performed in another state given full recognition and also violated their equal protection Clause. The supreme court ruled for this case because in the 14th Amendment it clearly declares that all people should have “equal protection under the law”, regardless of race or ethnicity.

Chief Justice Roberts made a principal dissent, claiming that in just one day, the court has transformed the societal institution of marriage that has banded humanity together for millennia. Roberts made clear that no consensus is worth a decision he feels completely overstepped the Supreme Court’s constitutional bonds, stating “Celebrate the opportunity for a new expression of commitment to a partner…but do not celebrate the constitution”. Roberts repeatedly insists that history and tradition must be drawn on to come to a conclusion, and judges ought not to rely on his or her own moral judgement concerning the morality of whether denying the fundamental rights would be unjust in light of the constitution. Although Roberts’ does agree that same-sex couples who have previously challenged state laws excluding them from marriage “make strong arguments rooted in social policy and considerations of fairness” , he ultimately believes that the Constitution cannot decide what is fair and what is just.

Obergefell v. Hodges was a case where quite a few same sex couples went to court because their state refused to acknowledge their marriage from other states. It was raised from lower courts to the supreme court because their rights kept being denied. When the supreme court looked at it the issue was if the 14th amendment can force states to recognize same sex marriages from other states. It was a five to four vote ruling that their marriages must be recognized due to the due process clause which states that states cannot arbitrarily withhold rights. The dissenting argument was that “while same-sex marriage might be good and fair policy, the Constitution does not address it, and therefore it is beyond the purview of the Court to decide whether states have to

Hodges concluded that the right to marry is a fundamental right inherent in the liberty of a person protected by the Constitution. The Court has long afforded the right to marry constitutional protection. But the standard test for identifying a fundamental right under the Due Process Clause is that the right must be “deeply rooted in this Nation’s history and tradition (Washington Post)”. However, the majority opinion went further to find that “the liberties implied within the Fourteenth Amendment Due Process Clause have stretched to certain personal choices central to a person’s dignity and autonomy, including their intimate choices that define personal identity and beliefs (Washington Post)”. Using this idea, the majority opinion concluded that the liberty interest to marry extends to same-sex couples. The ruling has helped gay rights advocates fight more than a hundred and fifteen pieces of legislation that were introduced in state legislatures that were targeting gay people. The majority opinion agreed that the Constitution contemplates that democracy is the appropriate process for change. “In addition to clearing the way for same-sex marriage nationwide, Friday’s decision may help end discrimination against gays and lesbians in other matters, such as adoption and custody rights, legal experts say (LATimes)”. Gay couples can now have no problem matters when wanting to start a family because of the great decision made by the Supreme Court. Justice Kennedy’s majority opinion in the United States v. Windsor, which struck down a federal law denying benefits to married same-sex couples, and exactly twelve years after his majority opinion in Lawrence v. Texas, which struck down laws making gay sex a crime.“In all his decisions Justice Kennedy embraced a vision of a living Constitution, one that evolves with societal changes (NYTimes)”. Kennedy makes a great point that the generations before wrote and ratified the Bill

Supporters of gay marriage in the United States were a minority group for quite some time. (Green, 2015) The topic of homosexuality and same sex marriage is one that probes the primary question of whether or not same sex marriages are ones fundamental right under both the Due Process Clause and Equal Protection Clause of the Fourteenth Amendment. (Lempert, 2015) The case of Obergefell v. Hodges was a case that held that the Fourteenth Amendment requires all states to recognize and grant same sex marriage licenses to couples that have been granted that right in other jurisdictions. This case may be considered a significant decision of the United States

In detail, by the states restricting same-sex marriages, they have breached constitutional rights of gays which is the fourteenth amendment – the Equal Protection Clause and the Due Process Clause. The Petitioner, James Obergefell and other same-sex couples, further argues that same-sex couples are nonetheless than heterosexual couples. While the Respondent, Richard Hodges and state official argues that “the Constitution does not address it, and therefore it is beyond the purview of the Court to decide whether states have to recognize or license such unions.” (Oyez, 2014).

In the past few decades, the question of allowing for same-sex marriage is a recurring topic of controversy. In the houses of same-sex couples, the need for equal rights is of great importance. Currently, many states ban the marriage of same-sex couples and do not view a marriage between same-sex couples as an official marriage. These states quote the Constitutional definition of marriage as a union between a man and a woman. Therefore, with this definition, the marriage of a man and a man or a woman and a woman is unconstitutional. As of the issue date of this article, the Supreme Court had not made a national decision on same-sex marriage and the benefits entitled to that marriage. This CQ Researcher journal focuses on the topic of

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.

As you know Mr. Prime Minister, one of the most relevant issues around the world these days is the legalization Gay Marriage. Many counties are beginning to allow same sex couples the right to marry out of understanding that all citizens have the right to be with who they love in a legal union. You are the Prime Minister of one of the most progressed, advanced and liberal country in the Middle East and I’d like to ask you to act on Marriage Equality for the gay community. Gay Marriage should be legalized all over the country because it will promote equal human rights, help decrease gay teenage suicide rates and increase the number of children adopted around the world.

The political aspects of whether same-sex couples should be allowed to federal and government recognized marriages are a very complex issue. There are basically two sides to the political argument of whether same-sex couples should be allowed to marry. On one side are the liberals who feel that marriage is a civil right that should be denied based on the basis of a person's sexual orientation. On the other side you have conservatives who feel that marriage is an institution in which should only constitute one man and one woman. In this report we are going to examine how the issue of same-sex marriages are affecting our current political environment, how politics is affecting the movement for

The proposed legalization of same-sex marriage is one of the most significant issues in contemporary American family law. As a heavily campaigned development currently discussed in law assessment; these extremely confrontational and debatable political questions are facing present day American courts. If same-sex marriage is legalized, its affect on the parents, children, same sex couples, families, and the social and political world will be astronomical. The arguments surrounding the issue though confrontational nonetheless are easily seen from a wide array of perspectives. One of the perspectives states that marriage is a promise to a spouse to stay loyal and faithful in all

One of the most controversial issues around today is gay marriages. Many believe that the media is primly responsible for the idea of same-sex marriages, but when it all comes down to it there are really only two sides; those who support gay marriages, and those who oppose them. Two authors write their opinions on their opposite views on this issue. Sullivan (2002) supports same-sex marriages and believes marriage to be a universal right, not just restricted to heterosexuals. Contrary to Sullivan, Bennett (2002) believes that marriage is a sacred traditional family value that should be set aside for heterosexual couples. (2002)Throughout this essay, I will summarize both authors’ ideas and evaluate them through their evidence and