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Equality in America
Controversy over gay marriage
Modern Day gay Civil Rights
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"On no issue in American life have opinions changed as fast as they have on gay rights," said Whit Ayres, a Republican pollster and political consultant. "It is truly a stunning development." (Yost) Currently, the United States Government has left up the decision of same-sex marriage and civil unions up to the states, opening the door for many states to issue bans against it, and therefore leading to unfair treatment of individuals in some states. Same sex marriage is a civil rights issue and should be left up to the federal government. Individual states should not be left to discriminate against citizens, religious devotions cannot be used to promote against equal rights of those without the same beliefs, and treatment of individuals should be the same in whichever state in which they reside. Treatment of individuals should be the same in whichever state they live in. Although a growing number of states support equal rights for same sex couples, many states do not recognize rights granted by other states. If someone moves from one state to another state which does not grant these rights, they may run into some problems. For instance, a lesbian couple with one daughter from a state supporting equality, moved to Texas, a state against it. Since one of the parents was not the biological mother, and Texas does not recognize same sex relationships, the non-biological mother had to adopt the child to be able to be a legal guardian (Fernandez). However, when the law promoting this inequality was taken to federal court, it was struck down. The family stated "Ultimately, the repeal of Texas' ban will mean that our son will never know how this denial of equal protections demeaned our family and belittled his parents' relationship.” (Ferna... ... middle of paper ... ...take into effect. Yet, as we can see here, the opinion of the federal government is that these state-based bans are unconstitutional. Therefore, states should no longer be able to discriminate against citizens in this way.. A final and swift decision on same sex marriage should be left up to the federal government. Individual states cannot be left to discriminate against citizens. States can no longer be allowed to violate the constitution and use religion to violate someone's rights. Likewise, a decision through the national government is the only way to ensure that treatment of individuals in every state, not to take away from the sovereignty of the states, but to increase the sovereignty of the individual. Every single person in the United States deserves equal treatment, and therefore the entire country must enforce this fundamental tenent of our principles.
Throughout the recent history of America, gay marriage has always been an issue. With the different views and morals everyone has on the subject, it makes it hard for individual states to determine what side they should be on. In 1983 a Harvard Law School student, Evan Wolfson, wrote a thesis stating the rule of marriage equality. Justices concluded that gay couples were entitled to the legal benefits of civil marriage; and most crucially in the Supreme Judicial Court in Massachusetts, whose favorable ruling, in a suit by lawyer Mary Bonauto and the Boston-based Gay and Lesbian Advocated and Defenders, led to the nation’s first bona fide same-sex marriages…” (“Gay Marriage turns 10 and Credit Should Be Spread around- The Boston Globe). On May 17, 2004 Massachusetts became the first state to legalize gay marriages. In June of 2013, California legalized gay marriages, which helped their large LGBT (Lesbian, gay, bisexual, and transgendered) community. (“History and Timeline of the Freedom…”). When this finally happened, it was seen as a great achievement by Karmala Harris, a California Attorney. “This is a profound day in our country, and its just the right thing: ‘Justice is finally being served’” (“Court Gives OK for California Gay Marriages”).
Abstract On June 26, 2015 a divided Supreme Court ruled in the landmark case Obergefell v. Hodges that same-sex couples could now marry nationwide. At the time of the split ruling there were 9 supreme court justices, 5 of the justices were Republicans, and the remaining 4 were Democrats. In high profile cases it is except that the justices will vote along party lines. When the 5-4 ruling was reveled by the following statement. “It would misunderstand these men and women to say they disrespect the idea of marriage. Their plea is that they do respect it, respect it so deeply that they seek to find its fulfillment for themselves. Their hope is not to be condemned to live in loneliness, excluded from one of civilization’s oldest institutions. They ask for equal dignity in the eyes of the law. The Constitution grants them that right (Corn,2015).” written by
.... This new amendment prohibited the states to deny the right to vote because of race.
Throughout American history, we have seen the United States become more progressive in their social issues, such as the abolishment of slavery, women’s suffrage, and the Civil Rights Movement. But as time has passed, we have encountered another group that is being discriminated against: homosexuals. Some states try their best to give equal rights to homosexuals so that they are respected as equally as everyone else. But in many states, such as Kansas and Arizona, private companies and businesses are given the right to turn down homosexual couples if it interferes with their religious beliefs. These two states also included places like hospitals where homosexuals can be denied from medical attention. These laws are very inhumane and are very hurtful to a large population of people today. But what if the people in states such as Kansas and Arizona think it is okay to have these laws instilled?
State, the right of the people to keep and bear Arms, shall not be infringed.
For some background, this case escalated to the Supreme Court since several groups of same-sex couples from different states, sued state agencies when their marriage was refused to be recognized. As it escalated through appeals, the plaintiffs argued that the states were violating the Equal Protection clause and the Due Process Clause of the Fourteenth Amendment. Equal Protection, according to the Constitution refers to the fact that, “any State [shall not] deprive any person of life, liberty, or property, without due process of law…” (23). The opposition of this case was that, 1) The Constitution does not address same-sex marriage as a policy, and 2) The sovereignty of states regarding the decision. Ultimately, and according to the Oyez project, the Court held that “[the Amendment] guarantees the right to marry as one of the fundamental liberties it protects, and that analysis applies to same-sex couples,” and therefore, same-sex marriage is a fundamental liberty.
Alito. Since the U.S. Constitution does not address same sex marriage I believe that the decision whether for or against marriage equality should have been one reserved to the state's democratic process (Obergefell Oyez). Nevertheless, since the law was passed and a clash of rights arose because of the positive verdict on marriage equality I believe that public officials like Kim Davis have sworn to execute the law, and if the law states that she must issue marriage licenses she should issue them. Indeed, she is an elected official, which prevents her from simply being fired for not complying. The right and liberties awarded to citizens of this country are not absolute; therefore public officials must adhere to the government’s decisions because ultimately the government is their employer. Limits must be placed on religious freedoms when they are in direct conflict with current law. Surprisingly I learned that only 22 states have laws that protect against discrimination based on sex orientation in the areas of employment and housing (Margolin). I argue that it is crucial for all states to issue these essential protections because of the implicit rights stated in the Fifth and Fourteenth Amendments supporting equality in various aspects (Roland)`. All in all I see that Americans are suffering on both ends of the spectrum and some balance needs to be met in order to best
... stricter gun control, the states are moving in a different direction. The reason behind this action is that the constitutionality of tighter gun control laws is becoming a question. Once the Supreme Court of the United States answers this question on the legality of infringing on the right to bear arms we will know what our exact right is.
Sixty years from now, the American people will look back on the 21st century and be appalled at how the people from today allowed their government to make it illegal for certain couples to get married, just as the people of today are disgusted with the ban on marriage between interracial couples before 1967. Being so advanced technologically, it is surprising how America is still so behind on the issue of same-sex marriage. The United States should push aside the religious argument in this debate, and truly separate its church and state as it claims to do so. From its slow beginning to the rapid increase of support in the 70’s, homosexual marriage has been a controversial debate that hopefully will end in the near future.
The fourteenth amendment of the U.S. Constitution, section one states: “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States, nor shall any state deprive and person of life, liberty, or property, without due process of law, nor deny any person within its jurisdiction of equal protection of laws.” The interpretation of this amendment could be, and has been, us...
In recent years, same-sex relationships have become more encompassing in US society. State legislation is changing such as accepting gay marriages, enforcing anti-discrimination laws, and legal gay adoptions; the lesbian, gay, bisexual, and transgender community is becoming public. Gay-headed families, like heterosexuals, are diverse and varying in different forms. Whether a created family is from previous heterosexual relationships, artificial insemination, or adoption, it deserves the same legal rights heterosexual families enjoy. Full adoption rights needs to be legalized in all states to provide a stable family life for children because sexual orientation does not determine parenting skills, children placed with homosexual parents have better well-being than those in foster care, and there are thousands of children waiting for good homes.
North Carolina’s discriminatory HB2 law is extremely disappointing, and it takes away some of the LGBT community’s most basic rights and protections” (Smith). I completely agree with Jonas, Lovato and Springsteen. This law needs to be abolished very soon. There should be a law implementing gender neutral bathrooms everywhere, so transgender people can feel comfortable and safe, no matter where they are. Transgender people should have the right to go to work, not feel discriminated against, and be able to use the bathroom safely.
Gay Marriage should be legal nationwide because no matter who you are, you deserve to be happy. In the bible, marrying the same gender is a sin, but whether you shoot up a school or you marry the same sex, a sin is a sin and God forgives all sins. People should not be looked down upon for being gay or wanting to be gay. Straight people treat gay people as if they are lesser, all people are equal. Not a single person is better than another. Gay people have a right to be happy and marry the one they love, same as straight people. Everyone deserves to find their special one, even if that means they are the same gender.
Prohibiting same sex marriage is unconstitutional. "The act discriminates on the basis of the sex by making the ability to marry depend on one's gender" (American Civil Liberties Union, p 12). It also disregards the Faith Full and Credit Clause of the constitution. If a gay or lesbian couple gets married in a state where same sex marriage is legal, but then for some reasons decides to move to another state where same sex marriage is prohibited, it would mean that their union would not be recognized.
On June 26, 2015, the US Supreme Court ruled that the US Constitution guarantees the right for same-sex couples to marry. Should gay marriages be legal? Clearly we as a nation are undecided on this issue. Thirty-six states have passed legislation banning gay marriages, yet a few states have passed laws that allows homosexual couples the right to participate in civil unions. Several other states are also debating whether or not to allow these couples to marry. Unfortunately, the dispute has left the United States' homosexual community in an awkward position. There are some people who think that gay people have no rights and should never be allowed to marry, and others believe that gay people should enjoy the same rights and privileges as heterosexuals. I think that the United States should allow same-sex couples to marry just like heterosexual couples.