Blaine Kinne
Period one
February 14, 2013
English III Honors
Same-Sex Marriage: A Conflict of Views Throughout time marriage equality for same-sex couples has been non-existent. Now, gay rights are at the forefront of political and social reform. Same-sex marriage has recently become a fiercely debated topic; however, only nine states allow same-sex marriage and only a few allow domestic partnerships, because of religion, generational differences, and the general and voting public that still denounce it, marriage equality is a natural right that is being stolen from same-sex couples.
Most religious groups openly denounce and speak out against homosexuality, as well as same-sex marriage. “If a man also lie with mankind, as
…show more content…
Due to this many people defend the current laws prohibiting same-sex marriage.
The current voting public of what was thought to be a liberal state has shown their disapproval by passing Proposition 8, a same-sex marriage bill on the 2008 ballot in California. Proposition 8 made same-sex marriage illegal in the state of California. This ballot passes with a 52-48 percent margin that went against a Supreme Court decision earlier that year that found another ban to be unconstitutional. This violated the equal protection rights of two same-sex couples being able to marry (Almeida). This ballot made any same-sex marriage illegal, but anyone married before it was passed could remain married. This is a perfect example of non-acceptance of a changing social value. Proposition 8 shows discrimination against one segment of people based of a personal bias. Even after the Supreme Court said that it would be unconstitutional to deny gays to marry, the people of California were able to pass a ballot that made it illegal again. Although the fight for equality continues.
Soon after its passing, Proposition 8 became a battlefield of lawsuits and outrage. Due to the outrage that this ballot has caused, along with the extensive trials, the Californian Supreme Court stated that they would hear arguments and vote on its constitutionality on March 26, 2013. In the oral arguments it seemed as if lawyer Charles J. Cooper, defending proposition 8, was lacking in any kind of a
Facts: In 2000, California voters adopted Proposition 22, defining marriage as a relationship only between a man and a woman. The California Supreme Court invalidated Proposition 22 and California began issuing marriage licenses to same-sex couples. The Proponents of Proposition 8, who opposed same-sex marriage, collected signatures and filed petitions to get Proposition 8 on the ballot. In November 2008, California voters approved Proposition 8, "which added language to the California Constitution that defined marriage as a union between a man and a woman" (Santoro & Wirth, 2013). Two same-sex couples applied for marriage licenses and were denied, then brought suit under 42 U.S.C.S. ยง 1983, based on the idea that Proposition 8 violated equal protection. The State of California refused to argue in favor of Proposition 8 and the original proponents of Proposition 8 sought to defend the law. In May of 2009, Proposition 8 was ruled unconstitutional by a California District Court, which held that it violated both the Equal Protection and Due Process Clauses of the Fourteenth Amendment. The Ninth Circuit affirmed the trial court's decision. The case then came before the Supreme Court. However, the State of California is not defending Proposition 8; instead, a mix of private parties is defending the law. This has led to questions about standing as well as the constitutional issues in the case.
In this proceeding, the trial court ruled in favor of plaintiffs which were a devastating blow to the Constitution. The Court of Appeal of California reversed the trial court’s ruling on
Gay marriage has been an issue for a very long time and since some states are legalizing it, many worry that it would soon be added as an amendment. The topic of gay marriage brings up religious, legal, and many other issues. In "What's wrong with Gay Marriage?" by Katha Pollitt, the author supports gay marriage and wants it legalized. She states that there is no problem with gay marriage and it's all a matter of separating the church and state. But in “Gay ‘Marriage’: Societal Suicide,” by Charles Colson, the author opposes the idea of gay marriage and states that it will destroy society. Marriage is intended to unite a man and a woman together to bring children into the world, but due to the same-sex marriage,
Both articles deal with contemporary issues that are subject to much controversy in our era. The supreme court ruling of both cases show just how a constitutional government works and how judicial review is practiced. Although all parties may not agree with the outcomes of the cases, it is safe to say that the final verdict serves to protect the interest of the people; the main principle for our distant, yet recent revolution, and the creation of a nation destined to serve as a model for the rest of the world.
On November 4, 2008, proposition 8 passed with 52.24% of California voters saying “yes,” and 47.76% saying “no.” Proposition 8, known otherwise as the Eliminating the Rights of Same-Sex Couples to Marry, was one of the biggest propositions to hit the media. It spread like wildfire and was so popular that on June 26, 2013, the Supreme Court ruled against proposition 8 making it legal for same sex marriages to occur in California. The idea of marriage was no longer seen as a man and a woman, but the idea that you can marry the person you love regardless of their sex/gender. According to the Huffington post on the battle against proposition 8, “Proposition 8 prevents California from fulfilling its constitutional
Gay rights and marriage equality has always been a major issue. Not only in the United States, but all throughout various cultures in the world. One of the main reasons why it is not widely accepted is due to religious or cultural reasons. Thankfully, more people have become more accepting of it and keeping an open mind about it. As of June 26th, 2015, gay marriage has has finally been legalized in all 50 states. However, there are still people who do not agree with it and still try to vote against it. Some Americans even want laws made to ban same-sex marriage and relations again. Although the legalization of same-sex marriage has been accomplished, most people continue to fight against those who still discriminate against the LGBT community.
On August 4th, 2010, US District Judge Vaughn Walker wrote that California instating Proposition 8 which banned Gay Marriage in the state is "unconstitutional under both the Due Process and Equal Protection Clauses." (Gay 5) Gay Marriage is protected by the Constitutions theme of liberty and equality, as well as the Bill of Rights, both documents praise the idea of freedom and rights for all citizens regardless of sexual orientation.
The nation watched the progress of the LGBT rights movement unfold right before its eyes in June 2015 when the Supreme Court decided, in Obergefell v. Hodges, that same-sex marriage bans were in violation of the US Constitution. The road to the nationwide legalization of same-sex marriage was a long and arduous one, but worthwhile for thousands of same-sex couples across the United States. With tensions high on both sides, Obergefell v. Hodges addressed long disputed constitutional questions, such as the roles of state and federal governments and the extent of the 14th amendment. In the end, this controversial case reaffirmed marriage as a fundamental right protected by the 14th amendment, which the Supreme Court ruled extends to opposite-sex
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,
According to a Pew Poll, most religious communities believe same-sex marriage and even homosexuality in general are morally wrong and do not follow their religious beliefs (Waldman, 2003). There is no major religion in the world that has ever altered the definition of marriage to include same-sex couples (Barlow, 2003). In general, it can be said that many religious people have strong views on same-sex marriage, declaring it wrong because of their religious beliefs.
Adversaries contend that same sex marriage not just encroaches on religious opportunity and that such unions are in inconsistency to the scriptural reason for marriage, yet will likewise have the impact of normalizing and empowering gay person conduct. In any case, numerous Christian pioneers have stood up in backing of same sex marriage, going so far as to express that it would just fortify marriage as an organization. Christian supporters likewise take note of that in generally regarded works of scriptural records the expression "gay person" is never utilized, avowing the cases that the term is really a mistranslation from the first content of the book of scriptures. They further confirm that since the first creators of the book of scriptures never utilize the term gay person, the book of scriptures can 't in this way disallow homosexuality and by extention, same-sex marriage. Moreover, The Congregation of Canada, numerous Quaker association, The Congregation of Christ, The Metropolitan Group Church and some Catholic scholars have transparently upheld and endorsed same-sex relational unions (Michaels , 2004).
Over the years, the levels of acceptance to same-sex marriages have risen gradually. On large scale, much of this ‘acceptance’ comes in the form of tolerance. It is now perfectly bearable for heterosexuals to turn show approval of their relatives or their friends procuring gay marriages. After all, it is much easier to put aside one’s distaste to this occurrence, than face the vicious accusations that would follow if they said a word that in the least betray their objections. However, do you suppose that this tolerance makes this kind of marriages okay? No, on the contrary, this passive acceptance is not only hypocritical, but it also masks the real moral questions surrounding this issue.
One of the biggest controversies sweeping the United States today is the fight in legalizing same-sex marriage. Some states such as Connecticut in 2008, Vermont in 2009, Massachusettes in 2004, New Hapshire in 2010, New York in 2011, and the District of Columbia in 2010 have come to issue same-sex licenses (HRC, 2011). While others recognize same-sex marriages, Maryland in 2010 and Rhode Island in 2007, civil unions,Delaware and Hawaii in 2012, Illinois in 2011 and New Jersey in 2007, and domestic partnerships, Washington and Nevada in 2009, Oregon in 2008, and California in 2007 (HRC, 2011). However; even though it may seem as “equality” that there are statewide laws ruling in favour of civil unions and domestic partnerships for same-sex
The largely debated topic of same-sex relationships have been on the forefront of all U.S. citizen’s minds, including and more specifically of those in the branches of legislature. More states today have begun passing laws that accept and recognize marriage for this population. This minority group, in some opinions, has been at a disadvantage when it comes to marriage equality. Previous studies have explored this great debate in the United States beginning in the 1970s. The Minnesota Post published a case where University of Minnesota students, Richard John “Jack” Baker and James Michael McConnell, applied for a marriage license in Hennepin County Minnesota. The application was denied because the applicants both were men. Baker and
On June 26, 2015, a special law came into place. Although it won’t affect me yet, I still cried of happiness when I received news of the law passing. Same-sex marriage was finally legal in the United States. Communities of the world are diverse and are unique. It’s our nature as human beings to surround ourselves with people like us. We strive to be the best we can be, and there are people like us, in the same community, who will help us do just that. I belong to many communities, but one specifically has made me love myself more than ever before.