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Equal Partnership Rights for America

Satisfactory Essays
Equal Partnership Rights for America

The president has often indicated that he would support a constitutional amendment against gay marriages. The Supreme Court has not yet seen a case dealing with marriage rights of homosexuals, and therefore the constitutionality of laws banning gay marriage have not yet come into question. Homosexuals would argue that they are seeking marriage rights equal with that of heterosexual marriage under the eyes of the law. Some people feel very strongly about this issue and see support for gay marriage as a governmental intrusion on a religious practice. Others see no correlation between mandates on marriages and religious freedoms. All opinions aside, this is an issue that the public simply isn’t very well informed about because there are other issues that have been seen as much more important, because they affect a greater amount of people.

Despite other issues being in the public’s attention, the problems aroused by the prospect of gay marriage will soon make their presence known. The forefathers of our country inserted a clause into the Constitution known as the “full faith and credit” clause. Said clause (Article IV, Section 1, United States Constitution) insures that “full faith and credit” be given to the laws and judicial proceedings of all the states by all other states. That is, if a contract is signed in Arizona, one cannot simply move to Texas and the contract become null and void. The reason this clause can be a problem for those opposed to gay marriages is that some states are pushing to legalize or have legalized same-sex marriages or civil unions. The reason the national government cannot simply declare gay marriage illegal and thereby prevent the states from legalizing it is: 1. No authority is given to the national government (legislative branch) to make such a law; and 2. The legislation would likely not pass in the house and the senate. If any state were to pass a law declaring same-sex marriage legal in that state, all other states would have to recognize the legality of that contract and the rights that went along with it. So thousands of homosexuals would flock to that state (be it Hawaii, or Vermont) to be married, then be legally married everywhere in the United States.
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