Same Sex Marriage First Amendment Essay

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.

Civil Rights Act guarantees every citizen equality. Marriage equality falls under that part of the constitution that says that grants every U.S. citizen equal protection of the laws. With same-sex marriage being legalized, the protection of the first amendment is said to be in jeopardy by some American citizens. The first amendment states “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”. The first amendment grants any religious groups to freely exercise their right to oppose same-sex marriage.

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

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,

As the numbers of gay couples have risen exuberantly in the last two decades, they no doubt

The first reason why same sex marriage should be legal is because it is fair for all individuals to have the same rights in society. With the end of sodomy laws, a recent decision of

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.”

According to DOMA, “In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the word 'marriage' means only a legal union between one man and one woman as husband and wife, and the word 'spouse' refers only to a person of the opposite sex who is a husband or a wife” (sec 3). Until recently 2013, the US Supreme Court finally delivered the verdict that declared section 3 of the DOMA, which is the rejection of right to gay marriage is unconstitutional (Shapiro 208). In “Gay Marriage Is A Fundamental Right” by Nathan Goetting, “The right to many, and to marry the person of one's choice, is a fundamental right and a necessary aspect of human happiness. This has been an explicitly stated abiding principle since the Court used its power of judicial review to strike down as unconstitutional a legislature's definition of marriage in 1967.” Currently, 17 states in the United States have legalized the right to same sex marriage. The realization of DOMA is unconstitutional has further evidenced that gay marriage is one of the civil right that should not be taken away by the government, and it is an inevitable changes that open doors for equality and equity.

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.

The right to marry a person of the same sex or gender is not a right in the same way that freedom of speech or religion and in no way am I implying that it is; marriage itself is a civil

Marriage provides both physical and psychological health benefits and banning gay marriage increases rates of psychological disorders. The American Journal of Public Health found that after their states had banned gay marriage they had a 37% increase in mood disorders, a 42% increase in alcohol- use disorders, and a 48% increase in generalized anxiety disorders. Banning gay marriage is against the constitution. It’s protected by Constitutions commitments to liberty and equality. The US supreme court ruled in 1974s Cleveland Board of

The first reason why same sex marriage should be legal is because it is fair for all individuals to have the same rights in society. With the end of sodomy laws, a recent decision of the U.S. Supreme Court, conservatives have lost their last excuse to write off gay lives and love

As we know, same-sex marriage has been discussed and argued for a long time. Within the controversial topic of gay rights, there’s no area more controversial than same-sex marriage. And all of us ask ourselves if same-sex marriage should be legal or not. But the fact is that we have to start thinking about it as a moral and religious topic. The government shouldn’t legalize the same-sex marriage because the

First, it can clearly be seen that same-sex marriage is primarily about equality. Everyone has equal rights and liberties to chase happiness, as long as it does not cause harm to the society, so why should their freedoms be limits? Why can’t someone be able to marry a person they truly love? Discrimination and banning homosexual couples to get married violates human rights and freedoms. Laws which against gay marriage deny the First Amendment which states that everyone has freedom of speech, expression and religion. Sexual determination is an option, so it is how some people can express themselves.

As we know, same-sex marriage has been a prominent issue that has so many arguments not just in the United States, but around the world over many years now. There is absolutely nothing more controversial than same-sex marriage in gay rights topic. Everyone has different opinions about same-sex marriage whether it should be legal or not. We now have to consider two aspects that are moral and religious. These two form a fundamental belief that same-sex couples and opposite-sex couples are different. Based on the definition of marriage, the view of religion, bad effects to children, and the lifestyle that should not be encouraged; therefore, the government should not legalize the same-sex marriage.