The Moral Argument Of Sexual Morality

The movement of the gay and lesbian population in the United States is one that has been in progress since the early 1900s, and is still facing overwhelming controversy and backlash today. The push for gay liberation in a country founded on Christian morals and beliefs has subsequently led to struggles over equality of marriage, adoption, jobs, and healthcare. One side of the controversy argues that every individual deserves the same rights, while the opposing mindset argues that being homosexual puts you into a group of people that is different, and will therefore be treated as such.

In summary of these, the Obergefell V Hodges has received opposition as well as propositions at different degrees, but the majority of the debaters’ are the proposing side. The main idea here was to legalize the Same-sex marriage which had been prohibited in the previous court rulings (Siegel, 2015). The proposing team was emphasizing on the following factors; the right to personal choices as clarified in the human dignity, the right to intimate association, marriage as a foundation of the American social order and the ability to sustain and safeguard children and families (Siegel, 2015).

Recently, people have been arguing with respect to the definition of marriage. To get married is a very important event for almost everyone. Particularly for women, marriage and giving a birth could be the two major events of their lives. Andrew Sullivan and William Bennett are authors who are arguing about homosexual marriage. Sullivan believes in same-sex marriage because he thinks everyone has a right to marry. On the other hand, Bennett speaks out against Sullivan’s opinion. Bennett makes a claim that marriage is between a man and a woman structuring their entire life together. Both authors’ opinions differ on same-sex marriage. Nevertheless, their ideas are well recognized.

On June 26, 2015, the US Supreme Court ruled that the US Constitution guarantees the right for same-sex couples to marry. Many conservative groups do NOT agree with this decision. The gay marriage debate has been simmering for as long as I can remember. The four articles I have selected give information from four different perspectives including that of liberals, conservatives, homosexuals, and orthodox Jews. With so many differing opinions, one can understand why it's been so hard for the nation to come to agree on this issue.

For the past 3 decades the views surrounding marriage has undergone a great deal of change (Lennox, 2015, p. 1101). This shift is due to the continual discussion of gay marriage. The interplay of religion and politics has led for much controversy. In the United States, the use of Christian and Jewish biblical texts are the main sources drawn upon for opposition, but have also been used as a supportive means of equality. Beyond the religious there are also psychological and physical health arguments, as well as civil rights arguments. Same sex marriage is examined through different paradigms, thus giving rise to religious, political/legal, and religious arguments surrounding the legalization of this institution for gay and lesbian couples.

Chief Justice Roberts made a principal dissent, claiming that in just one day, the court has transformed the societal institution of marriage that has banded humanity together for millennia. Roberts made clear that no consensus is worth a decision he feels completely overstepped the Supreme Court’s constitutional bonds, stating “Celebrate the opportunity for a new expression of commitment to a partner…but do not celebrate the constitution”. Roberts repeatedly insists that history and tradition must be drawn on to come to a conclusion, and judges ought not to rely on his or her own moral judgement concerning the morality of whether denying the fundamental rights would be unjust in light of the constitution. Although Roberts’ does agree that same-sex couples who have previously challenged state laws excluding them from marriage “make strong arguments rooted in social policy and considerations of fairness” , he ultimately believes that the Constitution cannot decide what is fair and what is just.

Hodges concluded that the right to marry is a fundamental right inherent in the liberty of a person protected by the Constitution. The Court has long afforded the right to marry constitutional protection. But the standard test for identifying a fundamental right under the Due Process Clause is that the right must be “deeply rooted in this Nation’s history and tradition (Washington Post)”. However, the majority opinion went further to find that “the liberties implied within the Fourteenth Amendment Due Process Clause have stretched to certain personal choices central to a person’s dignity and autonomy, including their intimate choices that define personal identity and beliefs (Washington Post)”. Using this idea, the majority opinion concluded that the liberty interest to marry extends to same-sex couples. The ruling has helped gay rights advocates fight more than a hundred and fifteen pieces of legislation that were introduced in state legislatures that were targeting gay people. The majority opinion agreed that the Constitution contemplates that democracy is the appropriate process for change. “In addition to clearing the way for same-sex marriage nationwide, Friday’s decision may help end discrimination against gays and lesbians in other matters, such as adoption and custody rights, legal experts say (LATimes)”. Gay couples can now have no problem matters when wanting to start a family because of the great decision made by the Supreme Court. Justice Kennedy’s majority opinion in the United States v. Windsor, which struck down a federal law denying benefits to married same-sex couples, and exactly twelve years after his majority opinion in Lawrence v. Texas, which struck down laws making gay sex a crime.“In all his decisions Justice Kennedy embraced a vision of a living Constitution, one that evolves with societal changes (NYTimes)”. Kennedy makes a great point that the generations before wrote and ratified the Bill

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.

This particular case was another impact our Chief Justice has had on our Country. Though, Roberts did not win this case in the end but had strong opinions towards the issue. Today, same sex marriage is legal in all fifty States. According to Roberts, he believed if same sex was acceptable then why not agree on polygamy (Macedo, Stephen). This particular marriage is having multiple wives or husbands at the same time. Roberts was very strong with his argument and stated polygamy would be less of a stretch than same sex marriage, declaring, “From the standpoint of history and tradition, a leap from opposite-sex marriage to same-sex marriage is much greater than one from a two-person union to plural unions, which have deep roots in some cultures around the world (Macedo). If the majority is willing to take the big leap, it is hard to see how it can say no to the shorter one” (Macedo). After the passing of the same sex marriage law, Roberts brought up the Constitution and wanted all to stop thinking it was the reason for the decision because it had nothing to do with it. Roberts believed the Constitution knows nothing about fairness. Same sex marriage was made legal in the United States on June 26, 2015 (Macedo). The United States Supreme Court ruled this law in Obergefell v. Hodges

Society has many views on same sex relationships and marriages, people are either for it or against it. In this paper, we will first look at same sex marriage in America and how homosexuals and heterosexuals feel about the issue. We will look into the ethical issue that same sex marriage presents. We will look at how the classical theory of how deontology would resolve the issue of same sex marriage. Next, we will contrast deontology with the perspective of relativism. Finally, we will see which of these views on same sex marriage is closest to my own personal views. The ethical reason behind why people in society believe that same sex marriage is wrong is simply due to discrimination. Society does not

When a man and a woman engage in unprotected sexual intercourse, the end result tends to be life, as a child is born nine months later. Only once a man’s sperm reaches the eggs of a woman is this possible. Clearly, life and the existence of the human species as a whole is the product of sex between a man and a woman. The norm of reproduction then, is the aforementioned union between man and woman in heterosexual intercourse. Heterosexuality is viewed as the norm of most societies. This norm creates controversy regarding homosexuality, as it [homosexualism] is considered deviant and against societal norms. The topic of homosexuality is important and worth further investigation because it is surrounded by controversial issues

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

The realization of the homosexuality in the modern western world as a cultural, sexual and a social category has been a result of complex power relations that surround sexuality and gender. The acceptance of homosexuality in the society has met its fair share of resistance and skepticism. The view that homosexuality can be in the same league as heterosexual has led it to be viewed as a normal behavioral and moral standard (Gallagher & Baker, 2006). Inasmuch as the skeptics may not want to accept the existence of homosexuality studies show that the habit is rampant today with many gay people coming out in the open. Of interest is the political acceptance of homosexuality with passing gay rights so that it can be recognized by law. This move has given homosexuals the ability to engage in legal entities like marriage (Gallagher & Baker, 2006).

One of the most controversial issues around today is gay marriages. Many believe that the media is primly responsible for the idea of same-sex marriages, but when it all comes down to it there are really only two sides; those who support gay marriages, and those who oppose them. Two authors write their opinions on their opposite views on this issue. Sullivan (2002) supports same-sex marriages and believes marriage to be a universal right, not just restricted to heterosexuals. Contrary to Sullivan, Bennett (2002) believes that marriage is a sacred traditional family value that should be set aside for heterosexual couples. (2002)Throughout this essay, I will summarize both authors’ ideas and evaluate them through their evidence and

Historic change in American matrimony is especially pronounced in three areas: the equalizing of the respective rights and duties of wives and husbands, the dissolution of marital prohibitions based on race, and the evolution from state-defined grounds for divorce to couple-defined no fault divorce. The most recent area of debate is whether the state should sanction marital consent between same-sex couples. Although such a prospect is unthinkable to some, earlier forms of legal marriage are equally unimaginable now.