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Equal rights amendment
Equal rights amendment
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The divorce rate among homosexual couples is nearly half the divorce rate of heterosexual couples, in states where homosexual marriage is already legal. This statistic makes it evident that homosexual marriage is as successful as heterosexual marriage. However, out of 49 states with laws regarding gay marriage, only 13 legally recognize the union of two same sex people. Some of the reasoning for this is because some people believe that homosexuality is against their religion and thus, homosexual couples should not have equal rights. In a constitutional society such as ours where all people are meant to be treated equally, homosexual couples need to be granted the same rights as heterosexual couples.
Equality, under the law, is guaranteed to all citizens under the equal protection clause of the Fourteenth Amendment, and due to this there is not legal justification for the banning of same-sex marriages. The Fourteenth Amendment has 2 main clauses, the Equal Protection Clause and the Due Process Clause. The Amendment reads as follows, "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 any person of life, liberty, or property, without due process of law nor deny to any person within its jurisdiction the equal protection of the laws." This Amendment guarantees that equality is maintained throughout the country and that no rights can be taken away from one person or group because of race, gender, sexuality, etc. “The Fourteenth Amendment requires that the freedom of choice to marry not be restricted” (qtd. in Urdan). The Supreme court has previously ruled in Loving v Virginia that denying marriage on the basis or race is unconstitutional...
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... a nation and a people we have to “decide what’s right by what’s right not what’s written [and] evolve past our outdated norms and dispositions.”
Works Cited
Clinton, Hillary. "The United States Is a Leader in the Promotion of LGBT Human Rights."(2013): n.pg.Gale Opposing Viewpoints. Web. 25 Nov 2014
Frye, Jason. "Same-Sex Marriage Supports the Civil Institution of Marriage." (2013): n.pg. Gale Opposing Viewpoints. Web. 25 Nov 2014.
Mollman, Marianne. "Gay Marriage Is a Human Rights Issue." (2012): n.pg. eLibrary. Web. 4 Dec 2014.
Pope, Stephen J. "The Magisterium's Arguments Against "Same-Sex Marriage": An Ethical Analysis And Critique." Theological Studies 65.3 (2004): 530. eLibrary. Web. 4 Dec 2014.
Urdan, Matthew S. "The US Supreme Court Will Likely Rule in Favor of Gay Marriage." (2012): n.pg. Gale Opposing Viewpoints. Web. 4 Dec 2014.
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 expected that the justices will vote along party lines. When the 5-4 ruling was revealed, the following statement. “It would misunderstand these men and women to say they disrespect the idea of marriage.
"I ask that all Americans demonstrate in their personal and public lives... the high ethical standards that are essential to good character and to the continued success of our Nation."
- When he writes: "Must the citizen ever for a moment, or in the least degree, resign his conscience to the legislator? Why has every man a conscience, then? I think we should be men first, and subjects afterward," he is saying that it's more important to develop a respect for the right, rather than the law law, because our obligations as people are to do what is right
This includes the need to prioritize one's conscience over the dictates of laws, based on the principle by Thoreau that we men should be first, and subjects afterwards. People have an important duty to refuse a government that is corrupt, and distance themselves from these unjust institutions.
(357) Especially considering the changes made for the gay and lesbian community involvement in legalized marriage since this article was written in the July 5, 2004 issue of the Nation. This goes to prove to me that Moody’s prediction was accurate in assuming great changes were right around the corner in the development of marriage. I am further convinced of the advancement of homosexual marriage and believe that in the very near future there will be marriage equality for all. Allowing homosexuals the same rights as heterosexuals will benefit everyone simply by creating us all once again equal. This will create protection for all family units with
Same-sex cohabitation and marriage should be legal because these marriages are just as successful as or more so than heterosexual marriages. “According to a 2007 report published by the Pew Research Center, ‘more Americans say that the main purpose of marriage is forming a lifetime union between two adults for their mutual happiness and fulfillment (65%) than say its main purpose is forming a lifetime union between two adults for the purpose of bearing and raising children (23%)’” (Amy B. Becker). According to Cynthia G. Wagner’s “Homosexual Relationships”, Lawrence A. Kurdek of Wright State University states homosexual partners conflict resolutions go more smoothly than their male and female counterparts. Therefore, if these gay people treat each othe...
As granted by the United States Constitution, everyone is entitled to equal rights. The Supreme Court of the United States recently ruled that the Constitution guarantees a right to same-sex marriage. Gay rights are forgotten many times and equal rights for same-sex marriage are often ignored. For this reason, federal authorities have left policymaking regarding this topic up to individual state governments. Many people throughout the United States, and across the world, have extremely different views on the subject; some because of religious reasons, others because of family, others because of how they were raised. The policy of gay marriage and equal rights is an extremely touchy subject, and is much deeper than what it may seem.
"The Constitutionality of the Defense of Marriage Act in the Wake of Romer v. Evans ." New
... 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
Furthermore, the word "equal" in section 1 of the 14th amendment implies that everyone should have the right to get married no matter what his or her sexual preference. Marriage is the legal and public documentation of the love and trust two people share for each other. This means that anyone should be able to marry whomever he or she wishes.
Stoddard, T, Fein, B, (Jan. 1990) Gay Marriage, Personal relationships, Marriage, Legislation, Homosexuality, American Bar Association, (Pages 42, 42)
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.
Dobson, Dr. James. “Gay Marriage: Why Would it Affect Me?” Marriage Under Fire. Argument 7. 27 Nov. 2012
In conclusion I argue that banning same-sex marriage is discriminatory. It is discriminatory because it denies homosexuals the many benefits received by heterosexual couples. The right to marriage in the United States has little to do with the religious and spiritual meaning of marriage. It has a lot to do with social justice, extending a civil right to a minority group. This is why I argue for same-sex marriage. The freedom to marry regardless of gender preference should be allowed.