Same Sex Marriage Is An Emerging Issue

As a general rule, constitutional law examination differs depending on the nature of the right that is being asserted in a case. In the Constitution people have various rights such as freedom of speech, freedom of religion, etc. Other rights in the Constitution are not presented in the Constitution, but they are arguably stated within its context. In this paper I will agree that the Supreme Court case Obergefell v. Hodges was right in affirming the equal rights of same-sex couples based on the due process clause of the fourteenth amendment. The Court’s ruling in this case has an effect on the legal rights of children of same-sex couples, the rights of people who identify as gay, and the states’ sovereign right to enact legislation that defines

A group of gay couples sued their various relevant state agencies in the states of Ohio, Michigan, Kentucky and also in Tennessee. The lawsuits challenged the constitutionality of the bans perpetrated by the states on same-sex marriages or the states’ refusal for the recognition of such legal marriages that occurred within their jurisdictions. The plaintiffs in Obergefell v. Hodges argued that the statutes in their states violated the clause of equal protection. It also violated the clause of Due Protection of the fourteenth amendment. One of the plaintiffs brought an issue with the claims of civil rights. In all the circumstances, the trying courts found favour for the plaintiffs. However, the court of appeal for the 6th Circuit reversed the rulings and held that the ban on same-sex marriages by the states never violated the couples’ 14th amendment rights. The following article will, therefore, give a description and summary of the case Obergefell v. Hodges. It will give its current argument and later take a position so as to argue for one side of the case.

"Gay Marriage in the US Supreme Court, 2015 - Gay Marriage - ProCon.org." ProConorg Headlines. N.p., n.d. Web. 21 Mar. 2016.

Gay marriage has been one of the most common topic under discussion, arguments and quarrels since couple of years in almost every nation of the world. Looking deep down to the region of United States, same-sex marriage or gay marriage has not been legalized and documented in most of its jurisdictions. However, it is prudent to note that with the beginning of the twenty first century, only a few of US states have legally recognized the gay marriage through court verdicts and legislative proceedings and have lawfully allowed the gay people to get into a relationship (Wolfson 2004).

This paper will examine problem on how states are not regulating same sex marriage law passed in the United States. I will explains certain areas in the united states where the government has yet to fully enforced the law for legalization of same sex marriage since its official decision on June 26, 2015 while in fact many states have done everything in their power to prevent homosexuals from expressing their new constitutional right. In the following I will talk about certain a state and its government official in power trying to get the legislation to reconsider their current decision. I will also speak about 2 court cases which give us the current nationwide act of same sex marriage; Obergefell v. Hodges and United States v. Windsor. Although there are far more cases on the subjects they have had influences that have not had as major contribution as these two cases have had. I will recommend three policies that would help the LGBT community regarding their union right; stricter establishment of enforcing the law, reinforcing the separation of church and state, and educating the community on the benefits of same sex marriage.

From the philosophical points of Kantianism, Utilitarianism, and Virtue Ethics on same-sex marriage, there are good reasons which are relevant to good will, duty, the principle of utility, and eudaimonia to support same-sex marriage. Although the Supreme Court has ruled that the Constitution places the right to same-sex marriage, people who stick to conservative position on same-sex relationships believe that a same-sex relationship violates moral and religious beliefs. Especially, religious objectors on same-sex marriage are a highly controversial topic because people who believe on religious grounds that define a marriage as a legal union between one man and one woman to pursue traditional family values. However, everything must change. The powerful social movements have accelerated the same-sex marriage issue in regard to the fundamental rights and the social justice. The social change involves inevitable consequences of the issue; so, the Supreme Court’s decision on same-sex marriage has a validation. Therefore, Homosexual people should be entitled to federal marriage rights and

The controversial issue of gay marriage has recently been very much part of the centre of media speculation, due to the fact that Australian Labour Party Leader, Bill Shorten, has lately been aver strong supporter of the American legislation which legalised gay marriage throughout the United States. I strongly support Bill Shorten’s sentiments. (State points)

Not only does denying same sex unions deem gay and lesbian families as not worthy, it prevents them from legal protections, rights and obligations valued as lawful by states to support the respectability and success of family. Per the authors in Introducing Public Administration, because policy making involves so many aspects, so many players, and so many issues, it is difficult to grasp it as one single thing (Shafritz, 2013). Due to the biblical, societal and constitutional implications that are involved in making gay marriage legal, it offers open dialogue for what is legal in the eye of the law for something that has not always been constitutional for decades. Denying legitimate rights to same sex couples and families in areas such as: child protections, economic security, health and wellbeing, death, retirement security, divorce and privacy and conflicts of

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

On March 15, 2013, the Congressional Quarterly Researcher (CQR) issued a report covering the issue of gay marriage. In their article, Gay Marriage, the CQR discusses the controversy of curbs on same-sex marriage, as well as if the Supreme Court will end these curbs.

As the months pass by, the lesbian, gay, bisexual, and transgender (LGBT) community is getting tired of the same arguments in court. They as well as many other Americans are waiting for an answer. Although the solution to this public crises is to let them have their rights, many opposing people classify their arguments as correct or valid. However clear the answer may be, it has yet to be confirmed by all the states in America. Some major factors that lead to this conflict is whether homosexuality violates any religious morals, it deprives a child from either a mother or a father, and that it goes against natural law when choosing to be gay. This paper will address these claims and distinctly ensure why the LGBT community deserves its request of happiness.

    For many parents, the marriage of their child is a very happy and proud time. Most parents expect their children to get married and have children. But what if their child is gay or lesbian? Their child may have met the perfect person to spend their life with, but their child cannot get legally married. Same-sex couples can hold wedding ceremonies, but the law does not recognize these unions. Many heterosexuals take for granted the benefits that are extended to their spouse by way of legal marriage. These benefits do not extend to homosexual couples, because there is not a law that recognizes same-sex marriage. Gay marriage is not legal because of state and federal laws, as well as the traditional

Same sex marriage is one of the most controversial issues happening in the world today. The time has come to think on a deeper level and grasp that a wedding is a ceremony to give ourselves to the one we love. These marriages can happen because we live in a great country that gives us personal freedom. In no other place are citizens promised justice and the pursuit of happiness, but, a growing percentage of our population is not fairly represented. Homosexual people deserve the same respect, dignity, love, and rights as anyone else. They should not be denied a formal relationship. It is in no way wrong to be gay and people do not recognize the extent of negativity gay or lesbian people must endure.

According to the article written by Yale University student, Brian Harrison, the United States is the most religious nation in the world. While doing research, he found that nine out of ten Americans say that they believe in God and eight in ten pray regularly. Because the United States is one of the most religious nations, it makes sense that religion is brought into many arguments on a viewpoint such as the topic of gay marriage. This becomes a problem, because some religious people believe being gay is a sin and say that gay people are not following God’s commandments. The religious aspect of gay marriage often points out the scripture of Genesis 2:24 where the Bible says, “That is why a man leaves his father and mother and is united to his wife, and they become on flesh”. This is interpreted as marriage being between a man and a woman.

Same-sex marriage is against the law and against the moral standards of the religious society. In this paper I will sympathize with the homosexual community in order to improve their views on marriage. First amendment of the Constitution protects and makes homosexuality legal. Marriage is also legal. Marriage laws and the rights that fall under marriage are defined and upheld by the states. Should same-sex marriage remain illegal? Homosexuals believe rights guaranteed to married heterosexual couples should not be denied to homosexual couples.