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Traditional wedding vows state, “I, (name), take you (name), to be my (wife/husband), to have and to hold from this day forward, for better or for worse, for richer, for poorer, in sickness and in health, to love and to cherish; from this day forward until death do us part”(Callaway). Marriage is defined as two people bond together legally under the protection of laws. Couples are able to express and establish their life long relationships officially, publicly, and permanently. Due to the fact that homosexual relationships are increasingly more accepted by the public, gay marriage has become one of the most controversial topics throughout the US. The fundamental human right of marriage should not be limited to a man and a woman; homosexual couples should also be included and protected under the law. Even though the right is not explicitly written in the Constitution, the Ninth Amendment demonstrates the rights that are not enumerated or listed in the Constitution are still retained by the people. The right to gay marriage is explicitly established in precedents from the Lawrence v. Texas and Loving v. Virginia cases. A legal precedent is a verdict of a pervious court case that is deliberated by a higher court that must be followed by a lower court within the justice system. It serves a purpose of a reference or authority for judges to interpret a new upcoming conflict in relation to law. The right to gay marriage is one of the fundamental civil rights that is implicitly written under the US Constitution, which demonstrate the assess to individual privacy and equal protection for all.
Since the ancient time (except in Greece), homosexual intimacy has been seemed as a sin by various religions. In 1778, the congress officially ...
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...illiam, and Jonathan Rauch. "Gay Marriage, Same-Sex Parenting, and America’s Children." The Future of Children. VOL. 15 (2005): 97-115. Web. 27 Apr. 2014.
Strasser, Mark. "SAME-SEX MARRIAGE AND THE RIGHT TO PRIVACY" Journal of Law and Family Studies [Online], 13 10 May 2011
Shah, Dayna K., and United States. U.S. General Accounting Office. Defense of Marriage Act: Update to Prior Report. Washington, DC: U.S. General Accounting Office, 2004.
Shapiro, Ellen. "'Til Death Do Us Part: The Difficulties of Obtaining a Same-Sex Divorce." Northwestern Journal of Law & Social Policy 8.2 (2013): 208-30. Web. 3 May 2014.
Thoreau, Henry David. "Resistance to Civil Government." Civil Disobedience. Boston: David R. Godine, 1969. Print.
"The Constitution of the United States," Amendment 1.
U.S. Const. am. 4.
U.S. Const. am. 9.
U.S. Const. am. 14.
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
Thoreau, Henry David/ "Resistance to Civil Disobedience." 1849. The Heath Anthology of American Literature. Ed. Paul Lauter et al. Boston: Houghton Mifflin Co., 1998. 2090, 2094.
Thoreau, Henry David, and Henry David Thoreau. Walden ; And, Civil Disobedience. New York: Penguin, 1983. Print.
Jacobus, Lee A. Henry David Thoreau. "Civil Disobedience." A World Of Ideas: essential readings for college writers. Bedford/St. Martin's, 2002. 141-167
Thoreau, Henry David. Walden and Civil Disobedience. New York: W. Norton & Company, Inc, 1966.
Thoreau, Henry David, William John Rossi, and Henry David Thoreau. Walden ; and, Resistance to Civil Government: Authoritative Texts, Thoreau's Journal, Reviews, and Essays in Criticism. New York: W.W. Norton, 1992.
Perrin, Ellen C., and Benjamin S. Siegel. "Promoting the Well-Being of Children Whose Parents Are Gay or Lesbian." Pediatrics 131.4 (2013): 1374-383. PDF file.
AFTER GAY MARRIAGE, what will become of marriage itself? Will same-sex matrimony extend marriage's stabilizing effects to homosexuals? Will gay marriage undermine family life? A lot is riding on the answers to these questions. But the media's reflexive labeling of doubts about gay marriage as homophobia has made it almost impossible to debate the social effects of this reform. Now with the Supreme Court's ringing affirmation of sexual liberty in Lawrence v. Texas, that debate is unavoidable.
A debate is raging in America about who people have a right to marry. In response to lesbians and gays asking for the right to marry, many legislators are writing laws to ban same-sex marriage in their respective states. Even President Bush supports a Constitutional amendment that would ban same-sex marriage (prez.bush.marriage/). Opponents of such legislation do not want discrimination passed into law and are protesting at every opportunity. One must understand the reasons that people want to ban same-sex marriage before he or she can effectively argue about the subject. Many advocates of same-sex marriage bans say that allowing gays and lesbians to marry would degrade the institution of marriage because marriage is only supposed to exist between a man and woman. In addition, allowing same-sex marriage would cause problems for society (Issues and Controversies on File). One theory why opponents may fight against same-sex marriages is that heterosexual marriages have long reinforced traditional gender roles within marriage and that allowing same-sex marriages would cause males to lose their authority to subordinate females as heterosexual couples begin to model same-sex marriage gender equality (Calhoun 157).
In “Resistance to Civil Government,” Thoreau articulates the importance he places on resistance against a powerful, controlling government. He opens his essay with a reference to the...
... if? The legal consequences of marriage and the legal needs of lesbian and gay male couples. Michigan Law review. Nov.1996. Pg. 447-491. http://www.jstor.org.remote.baruch.cuny.edu/stable/1290119?seq=1&uid=3739664&uid=2134&uid=2&uid=70&uid=4&uid=3739256&sid=21103079482127
Soule, S. A. (2004). Going to the Chapel? Same Sex Marriage Bans in the United States. Social Problems, 453-477.
Since the 1970s, studies on the effect of same-sex parenting on children have been conducted in the United States. Sociological debates have occurred from the idea of allowing same-sex couples to parent. Some groups feel that allowing this would undermine the traditional ideology of marriage and skew the perception of gender roles for their children. Sociologists continue to produce empirical research that studies samples of the approximately 125,000 same-sex couples raising nearly 220,000 children and comparing their roles as parents and the adult personalities of their children to children raised by heterosexual couples. Current scientific research comparing the outcomes of children raised by gay or lesbian parents with children of heterosexual parents consistently shows that same-sex parents are just as capable of raising “psychologically healthy and well-adjusted” children as heterosexual parents. Research comparing children raised by same-sex couples and heterosexual couples found no differences in the adjustment or mental health of these children as adults.
Berall, F. S. Estate Planning, (Dec 2010) Update on Evolving Legal Status of Same-Sex Marriages, 37.12: (Pages 21-30)
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.