Gay Marriage Must Be Legal

1890 Words4 Pages
bulb-icon

Recommended: History of same sex marriage essay

Legal marriage is the right of all Americans regardless of their sexual orientation. Gay marriage is certainly a hot button issue. It invokes an emotional dialogue filled with passion, rage, hate and fear. However, at the base of it all, are two people who are in a committed relationship living normal and productive lives and contributing to society in a positive manner. This issue is being debated in every state of the union, and will eventually go to the Supreme Court.

Gay people want to formalize their relationship and gain some of the legal standing and support that is given to heterosexual couples on a daily basis. Sadly, in most of this country, gay people are denied this right and not allowed to participate in what is a natural right for most other Americans. Efforts by NYS legislatures or Executive Orders by Governors to grant gay and lesbian people rights (i.e. non discrimination in hiring, housing or public accommodations) have been challenged by the right using public referendums. Putting the rights of gays and lesbians, or any minority, up to a vote by the majority places any minority at a disadvantage, and gay rights have usually come up short.

In 1992, Colorado voters approved Amendment 2 to the state constitution by a narrow margin (54% to 47%). According to the U.S. Supreme Court decision, it would have prohibited "all legislative, executive, or judicial action at any level of state or local government designed to protect the status of persons based on their 'homosexual, lesbian or bisexual orientation, conduct, practices or relationships'."

The US Supreme Court overturned Colorado’s Amendment 2. The majority opinion issued by Justice Kennedy concluded the following: "Based on this analysis of the potentia...

... middle of paper ...

...Jan 3, 2009) Garden State Equality; In New Jersey, a Blue-Ribbon State Government Commission Tells Governor Corzine and the Legislature: It's Time to Enact Marriage Equality, Pediatrics Week, (Pages 23 -26)

Berall, F. S. Estate Planning, (Dec 2010) Update on Evolving Legal Status of Same-Sex Marriages, 37.12: (Pages 21-30)

Bidstrip, S., Date Unknown, on-line in hypertext, Gay Marriage: The Arguments and the Motives

"Romer v. Evans." West's Encyclopedia of American Law. 2005. Retrieved February 21, 2011 from Encyclopedia.com: http://www.encyclopedia.com/doc/1G2-3437703853.html

Stoddard, T, Fein, B, (Jan. 1990) Gay Marriage, Personal relationships, Marriage, Legislation, Homosexuality, American Bar Association, (Pages 42, 42)

Viscusi, G. and Smith, H. (2011, Jan. 29). France Has Power to Ban Same-Sex Marriage. The Gazette (Montreal, Que), p. A2

Show More
Related

  • Supreme Court Case Romer v. Evans

    1494 Words  | 3 Pages

    In the 1996 Supreme Court case Romer v. Evans, the voters of the state of Colorado approved a second amendment to their state Constitution through a referendum, in order to prevent homosexuals from becoming a protected minority. Before the referendum occurred, many of the major cities in Colorado passed laws prohibiting people to be discriminated against based on their sexuality, including whether or not they are homosexual. The citizens of Colorado who disapprove of homosexuality then created a petition to put the second amendment to a vote, and won with a majority of 53% of the votes. Richard Evans, with the support of many others, took the amendment to court claiming it was unconstitutional, and should be removed from the constitution, going on to win in the Colorado Supreme Court and the United States Supreme Court.

    Read More

  • Obergefell V. Hodges: Case Analysis

    1298 Words  | 3 Pages

    In Obergefell v. Hodges (2015), the court determined gay marriage to be a constitutional right, striking down several dozen state laws against SSM. While there has been some residual pushback against this decision, overall there has been broad complacence due to a high level of public support for the decision. Little scholarship has been done on how this decision has been implemented because the discussion was made so recently, but some measures show that “99.87 percent of the U.S. population [lives] in a county where same-sex marriage licenses are available” ("Local Government Responses to Obergefell v. Hodges." n.d.). While there are some pockets of resistance it is clear that there is broad local compliance with this decision, likely because of its broad popularity. Instances in which local bodies choose to disregard the Obergefell decision are highly publicized, and generally receive a great deal of public criticism. Thus, the SSM marriage example has fulfilled the two conditions for successful policy, as interest groups were able to use the courts to accomplish a set of aims, and local support has allowed for the implementation of the policy. While there has been some pushback along the way, this pushback has only served to further raise awareness of issue in the minds of the American people, and helped this cause gain

    Read More

  • United States v. Alvarez

    1055 Words  | 3 Pages

    Washington Law Review, Vol. 86, Issue 4 (December 2011), pp. 841-874 Barnum, Jeffrey C. 86 Wash. L. Rev. 841 (2011)

    Read More

  • Griswold vs. Connecticut

    1819 Words  | 4 Pages

    Meyer v. State of Nebraska. 262 U.S. 390, 399, 43 Sct. 625, 626, 67 L.Ed. 1042. (1923)

    Read More

  • Essay On Des Moines Independent Community Schools

    579 Words  | 2 Pages

    Remy, Richard C., Gary E. Clayton, and John J. Patrick. "Supreme Court Cases." Civics Today. Columbus, Ohio: Glencoe, 2008. 796. Print.

    Read More

  • The Fourteenth Amendment

    730 Words  | 2 Pages

    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.

    Read More

  • Harvey Milk

    1065 Words  | 3 Pages

    Nagourney, Adam. "Court Strikes Down Ban on Gay Marriage in California." New York Times. N.p., 7 Feb. 2012. Web.

    Read More

  • It's A Human Right: Homosexual Marriage

    915 Words  | 2 Pages

    ...ot a civil issue, however "The 1967 Supreme Court case Loving v. Virginia confirmed that marriage is "one of the basic civil rights of man," [60] and same-sex marriages should receive the same protections given to interracial marriages by that ruling." ("Gay Marriage") Marrying whom ever we love is a right everyone should have. Every living human being. Everyone.

    Read More

  • Essay On Gay Rights

    1342 Words  | 3 Pages

    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”).

    Read More

  • Gay Marriage Should Be Legal in Ohio

    976 Words  | 2 Pages

    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.

    Read More

  • Gay Marriage Should Be Legal Everywhere in the World

    567 Words  | 2 Pages

    The Supreme Court ruled by a 5-to-4 vote that the Constitution guarantees a right to same-sex marriage. A recent news said that US president Barack Obama was pleased with the end of the passing a gay marriage law in New York state. New York will become the largest and latest state to legalize gay marriage. And the US leader said “it’s the time to allow the matrimony between gays for a nationwide policy” [2]. According to many years for fighting of the legalized same-sex marriage, gays and lesbians finally can marriage in the accept law. Gay marriage has been hotly debated in the news lately. While several countries have some form of gay marriage on the books, the Netherlands recently became the first country to give same-sex couples in civil unions the same rights as heterosexual married couples [1]. In my opinion, same-sex marriage should become an established and accepted institution in societies around the world.

    Read More

  • Should Gay Marriage Be Legal?

    1954 Words  | 4 Pages

    As of August 19th, 2013 as many as fifteen countries such as Argentina, Belgium, Brazil, Canada, Denmark, France, Iceland and other countries as well as several subnational jurisdictions, such as parts of Mexico and the United States, allow same-sex marriage. Although only eighteen states in the Unites States allow same-sex marriage. Those who support it goals are to have worldwide legalization of same-sex marriage.

    Read More

  • Defense of Traditional Marriage by Ryan T. Anderson

    920 Words  | 2 Pages

    Hanna, C. (2011). STATE CONSTITUTIONAL DECISION-MAKING AND PRINCIPLES OF EQUALITY: REVISITNG BAKER V. STATE AND THE QUESTION OF GENDER IN THE MARRIAGE EQUALITY DEBATE. Albany Law Review, 74(4), 1681-1700

    Read More

  • Same Sex Marriage

    748 Words  | 2 Pages

    Gay and lesbian unions have been for a long time a subject that no one liked to discuss. For the last few decades, gays and lesbians have come out and expressed their sexuality preferences. Many believe that same sex marriage should not be legalized because it's against the moral. It's against the definition of marriage, which is considered as the union of a man and a woman as a husband and wife. Same sex marriage should be legalized because the way society views the union of lesbian and gays can a change. Another reason why same sex marriage should be legalized is that children that are issued from a gay or lesbian couple will be loved and raised in a family that is legally recognized under the law. Lesbians and gays also deserve to have the same rights as heterosexuals.

    Read More

  • Argumentative Essay On Gay Marriage

    681 Words  | 2 Pages

    There are several reasons why homosexuals feel strongly about wanting to be legally married, why wouldn't there be? One reason that is probably the most commonly heard is, they want to legally show their love for each other by having a marriage license. Gay people want the right to marry like anybody else, and for the same reasons too. They are in love and want to be with this person for the rest of their lives. Even though it is possible to do this without being married, they want to be able to honor their relationship with their partner publicly. There should be absolutely no reason for two people not to be able to marry despite their sexuality. If a man and woman get to get married because they love each other, why can't a man and a man marry each other? What about a woman and a woman? They love each other too, isn't that a valid reason to get married? Isn't it also a valid reason to let them?

    Read More

More about Gay Marriage Must Be Legal

Open Document