The Legalizaiton of Gay Marriage Essay

“The freedom to marry has long been recognized as one of the vital personal rights

On June 26,2015, the Supreme Court sided that gay marriage is a right protected by the U.S. Constitution in all 50 states. Previously, to their decision, same sex marriage was already legal in 37 states and

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.

On June 4, 2008, the plaintiffs in this case include fifteen same-sex couples who wish to marry in California and support groups for lesbian, gay, bisexual and transgendered Californians. They were denied many times; however, now before the California Supreme Court, they argue that “California has long led the nation in recognizing that constitutional provisions guaranteeing equal protection, privacy, due process and freedom of association and expression require that lesbian and gay people, like all people, be treated fairly under the law.” Nonetheless these protections, California has denied same-sex couples the right to marry. That denial, they argue, violates the California Constitution.

Homosexual marriage is one of the old but controversial issues around the world. Compared to the past, it seems to become a more open debate among people. At the same time, people seem to be more swayable than before, but towards the gay marriage, different voices have still been hovering in the air. Gay people and their supporters have been striving for their rights to get married legally, while others who against gay marriage have never stopped deterring it.

A major victory was won by the LGBT community when the Supreme Court ruled that same-sex marriage was legal on June 26th of 2015 across all of the United States. This ruling effectively states that any state-law restricting marriage to male-female is unconstitutional. This had been a fight since the 1970s when the issues of same-sex marriage first began to gain steam. Over the years, various states have legalised same-sex marriage to certain degrees, however it wasn’t until after 3 decades that the issue was finally acknowledged on a national level. This change furthers the ideology of freedom and equality of the american constitution and will invoke the betterment of

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 Supreme Court of the United States ruled on a major case that will affect millions of Americans in one way or another. This ruling has been decades in the making and was certainly going to be controversial no matter how it turned out. The key issue is whether or not gays and lesbians had the same constitutional right that heterosexual people do in regards to marriage. Not too long ago the concept of this even being considered by the high court would’ve been unfathomable. The 5 to 4 court ruling favoring the plaintiffs has shocked many generations of religious and conservative people.

It wasn’t until October 12, 2007, that governor Schwarzenegger vetoed a bill approved by state law makers that would legalize gay marriage. On May 2008, the Supreme Court ruled that the state constitution protects a fundamental “right to marry” that would also extend to same sex marriage. The people were outraged saying that same sex marriages went against their religion on their views of a traditional marriage. People also argued that gay marriage went against the constitution as well because people could no longer have free exercise of religion. According to the Huffington Post, gay marriage, “Protects the free expression of religion, as supporters of Proposition 8 were worried that Gay Rights advocates were not affording them the same courtesy-to live and believe as they please-as the Gay and Lesbian community was/is demanding.” All these events eventually lead to picketing against gay marriage and the voice of the American people was starting to be heard on this

The state of Vermont accepted and promoted same sex marriages by classifying them as “civil unions” in order to maneuver around DOMA. Vermont believed that “civil unions” would provide lesbian and gay individuals with financial and emotional benefits that are accessible to heterosexual individuals who are married (Kranz & Cusick, 2000). Vermont’s objectives were to provide an inclusive versus separation and discrimination reality for fellow Vermonters (Kranz & Cusick, 2000). In 1998, Hawaii’s state legislation implemented the DOMA amendment that altered the state’s constitution and rejected same sex marriages. “28 states passed laws preventing the recognition of same sex marriages” (Kranz & Cusick, 2000).

The current major state and federal law that is affecting same-sex marriage is the Defense of Marriage Act , or DOMA as it also called. The Defense of Marriage Act is a federal law that allows each state to recognize or deny any marriage-like relationship between persons of the same-sex that has been recognized in another state and it also explicitly recognizes for purposes of federal law that marriage is "a legal union of one man and one woman as husband and wife" and by stating that spouse "refers only to a person of the opposite sex who is a husband or wife." When asking the people that I interviewed what their feelings were towards the Defense of Marriage Act and how it currently affects the issue of same-sex marriage and the interviewees who were for same-sex marriage felt that the law was inherently wrong and the person I interviewed who was opposed to same-sex marriage thought the law was good except for one obvious flaw with it.

Why, a gay couple not be allowed to participate in the ultimate expression of love--a marriage? However, the idea of gay marriage has not gained acceptance in this country. Americans, like all human beings, are naturally resistant to change. Humans are especially resistant to change when it has shoved down their throats, which is what many see it done by the liberal courts nowadays. As we have seen with blacks ' quest for civil rights, change must come gradually over time; otherwise, unrest and further division created.

Gay marriage is a very talked about topic in are country that shouldn’t be ignored. I believe men and women should be able to love freely and not be shamed by it. Marriage is a great factor in the United States. To some people it’s what we live for; is to get married and start a family. To not give everyone the same opportunity to have a happy marriage and family is unlike us. This problem is bringing a lot of hate, the same hate that was used in racial discrimination so why not give gays equal rights like everyone else. Andrew Sullivan wrote a article that shares his experiences of coming out and being accepted. When puberty hit he started to realize he wasn’t the same. He knew that his marriage is not going to be the same as his

Same sex- marriage is still the topic of many peoples conversation across the country. Citizens, divided by politic party, are very passionate about how they feel about it. The president didn’t approve of it at first, but now he finally accepts same- sex marriage, the Judicial System uses its power to dictate to the States, forcing them to accept same- sex marriage. Both houses of Congress continue to debate what marriage means.

The issue of gay marriage has been stirring controversy among the nation for some years. Previously considered a taboo subject and only discussed within the gay community, the issue of gay marriage has made it to the forefront of national headlines. Many states are currently allowing the issue to be decided on by the voters. However, the gay community still faces some obstacles in their fight for equality. While the issue of gay marriages is gaining more acceptances, homosexual couples who choose to marry still face issues unlike those of interracial couples in the past.