Same-Sex Marriage
According to the late Nelson Mandela “To deny people their human rights is to challenge their humanity”. Should same-sex couples have “the right to marriage” ensures that all citizens are treated equally. For the purpose of this paper I will be focusing on the constitution, the religious defense, and the effects of same-sex marriage on society and applying moral theories to same-sex couple’s marriage stance. The issue of same sex-marriage has always been a sensitive debate with my family and close associates for several years. As a former citizen of a country that the government blatantly states to the citizens that same-sex marriage is illegal. I have taken the stance that same sex couples should be allowed to get
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It is interpreted to the common man as all the benefits that come with freedom; every citizen of the United States is entitled to it. Same-sex couples should be allowed to enter into marriage base on this right. The Constitution states that the right to marry is”inalienable”; it should be construed that a lawful marriage must be obtained by all petitioners. “Secure the Blessings of Liberty to ourselves and our Posterity” (preamble), our forefathers’ main goal when writing the constitution was to ensure that all will have the same rights. Same-sex couples seek the “right to marry” this right which is currently recognized in all states for heterosexuals is only recognized by 36 States for same-sex couples. When I look at the constitution, I am happy to support the fact that the deep value of in evenhandedness and egalitarianism of the constitution embodies everyone. It is on this fact that the federal government in 1996, when President Clinton signed into law the Defense of Marriage Act (DOMA), which states, “No State or territory, or possession of the United states, Or Indian tribe, shall be required to give effect to any public act, record, or judicial proceeding of any other State, territory, possession, or tribe respecting a relationship between persons of the same sex that is treated as a marriage under the laws of such other State, territory,
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.
Section 2 of DOMA declares that “No State, territory, or possession of the United States, or Indian tribe, shall be required to give effect to any public act, record, or judicial proceeding of any other State, territory, possession, or tribe respecting a relationship between persons of the same sex that is treated as a marriage under the laws of such other State, territory, possession, or tribe, or a right or claim arising from such relationship.”
When the government interferes with a fundamental right, the regulation or statute at issue must meet the strictest standard of scrutiny. In order to pass constitutional muster, the regulation or statute must be implemented for a “compelling government interest,” and must be narrowly tailored to achieve that interest. The regulations in each of the respective states prevent same-sex couples from marrying, or prevent recognition of legal, out-of-state marriages in their home
…this Court is not a legislature. Whether same-sex marriage is a good idea should be of no concern to us. Under the
Gay marriage has slowly become a significant factor amongst individuals of today’s society. On June 26, 2015, it was ruled out by the U.S. Supreme Court that gay marriage was now legal. The first thing that I thought was that “Wasn’t it already legal in the United States?” Well, apparently no it has not been legalized in the United States! (Dumb me.) The U.S. is known to be a nation of equality and gives everyone the freedom of the speech, but it is actually a nation full of racism, sexism, and homophobias. Our country gives us the freedom to do many things, but to gay couples they don’t have much freedom as others do. We are violating their freedom because we aren’t letting them marry the one they love, so to say that everyone in the U.S. has the freedom to do anything is wrong. Our civil rights and the Constitution give us many liberties. One of our civil liberties is the pursuit of happiness, which many homosexual people are not allowed to chase, but thanks to the new ruling of the U.S. Supreme Court homosexual people are allowed to chase it. They are being looked down at and are feeling ashamed of themselves because of all the cruelty that they are receiving. Homosexual people haven’t been able to fully express themselves until it was legalized for them to fully do so. They have been fighting for the right to be married to their same sex for about a decade now, and they have finally met their goal. #Lovewins.
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
On Apr. 28, 2015, the US Supreme Court heard oral arguments in Obergefell v. Hodges on if gay marriage is a right given by the U.S. Constitution or the gay marriages that have been legalized in the states must be recognized in states that have banned gay marriage. Now that everything has been talk
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
Do state laws prohibiting same-sex marriage violate the United States Constitution? This is a question that will be presented before the United States Supreme Court. Four states with bans restricting marriage to a union between one man and one woman will be considered. The question at hand relies on the Court’s interpretation of the 14th Amendment in both the Due Process Clause and the Equal Protections Clause; the Court will also have to consider the question of State’s rights and whether the State has a legitimate interest in denying the title of marriage and its corresponding benefits to same-sex couples.
In the database, “Marriage, Same-Sex,” it states, “In the United States, the states differ greatly with respect to the ways that they treat same-sex relationships. Some states not only refuse to recognize same-sex relationships but also have passed state constitutional amendments precluding,” which shows that some states have made the situation even harder by not only not only ignoring their benefits, but making laws opposing them (Darity 620). Recognizing same sex marriage is vital for many same sex couples because not allowing marriage can be an emotional blocker between two people, and doing this sends a message to society that certain individuals either cannot commit to marriage or, perhaps, do not deserve the opportunity to marry. Equally important, because same sex couples are not acknowledged, they do not acquire many legal, financial, social, and federal advantages that marriage usually grants two people, such as benefits in tax, estate planning, government, employment, medical, death, family, housing, consumer, etc. The database, “Marriage, Same-Sex,” also declares, “same-sex couples are not entitled to the numerous federal benefits that are accorded to different-sex married couples, because the
It is a part of our basic rights that we are given to as citizens and should be implied. According to the 14th Amendment to the US Constitution, all people are to be considered equal to each other. That should mean that a homosexual couple should have the same right to marry as a heterosexual couple. The denial of a marriage of a homosexual couple shows that we are not equal as people. In fact, that is not happening across the country. According to Rich” The first successful challenge to state laws prohibiting same-sex marriage occurred in 1996, when three Hawaii couples sued the state for the right to marry. The case was decided in favor of the same-sex couples, finding that prohibiting same-sex marriage violated the state's constitution. The decision prompted strong opposition from Hawaii citizens, who voted in 1998 to amend the state's constitution with language that restricted marriage to heterosexual couples. The amendment went into effect before the court decision, so the couples were unable to marry (Rich 1).” With this couple's case from Hawaii you see where they should have gained the right to marry but the citizens did not like the idea of it and voted against the
America declares itself as the great country of liberty, the great country of opportunities and the great country of equality. As long as an American wants to marry a person of the opposite sex there seems to be no limits to their pursuit of happiness. Even in the progressive, modern year of 2015, the question of whether or not gay couples should be permitted to perform the act of a legal marriage divides the United States of America into two. Although more than half of the states have legalized gay marriage, fourteen states, including Kentucky, reject the idea of homosexual couples as equals to heterosexual couples. The fact is that an exclusion of marriage for gay couples is a limitation of their personal rights and is unequal, unfair,
“We’re here, we’re queer, get over it.” In 1990, these words, shouted and displayed proudly on signs waved by the activist group, Queer Nation, were revolutionary. Never, not since the Stonewall Riots, had non-straight, non-cis people been so vocal about their existence and demanded acceptance – something that straight people take for granted on a daily basis. However, in the years since the Riots, LGBT activism has become much more mainstream, no longer whispered about behind closet doors or something to be wholly ashamed of. Gay marriage is legal in all 50 United States, something that has been fought for since the conception of the LGBT movement. In fact, gay couples are routinely being featured on popular television and other forms of media. Some might say that in 2016, the dreams of the rioters in Stonewall have been realized. Marriage rights and the spotlight on nighttime television; equality seems to truly be right on the horizon.
The American dream is one of freedom and equality. It’s supposed to be branded in the hearts of every United States citizen however, when it comes to homosexuals, citizens of the United States wake up and the dream is demolished. Gay sex marriage is the most conflicting issue in the contemporary social world. Marriage is an association of persons through which we perceive the reflection of a particular culture. It is basically a private matter and a fundamental human right. People should have the right to decide with whom they marry, not the state. If two persons are closed to each other regardless of their gender, they should be allowed to marry with each other (Eric). Legalizing gay marriage is granting same-sex couples the right to marry and would promote the separation of church and state, increase successful marriage rates and adoptions, decrease suicide, and ensure all American citizens have equal rights and opportunities. Gay marriages are currently illegal in the Unites States except in a few states. The prohibition of gay marriages is wrong because it is a prominent form of discrimination. Not only are homosexuals denied of their civil rights, they are also denied of economic and legal benefits. No government should be able to legally prohibit someone from showing their love for another person; it simply does not uphold the basic principles of the constitution (Clounds). The constitution states there is a separation of church and state. Religious beliefs shouldn 't
The topic of same-sex marriage has been heavily debated for the past decade. Discussions continue whether a marriage is between two people who are in love and agree to spend the rest of their lives together regardless of their sex or if it is reserved for only heterosexuals. Since the beginning of The Gay Rights Movement in the early nineteenth century, groundbreaking developments have come to the surface, presenting strong arguments on both sides of this topic. Currently, there are 1.2 million homosexual people living with a same sex partner in America (Rex). These individuals are not being treated as equals and stripped of their rights because of the person and/or gender they love. Because I believe in equality of all people and that marriage is sacred bond between two people who share an intimate relationship with each other, I believe same-sex marriage should be legal in all states.