DOMA was passed out of fear that a lawsuit filed in Hawaii would make them allow same sex marriage. The congress did not want to allow same sex couples the same benefits heterosexual couples receive while legally married (4-6). Opponents of DOMA claims it violates the Due Process Clause of the Fifth Amendment and the Full Faith and Credit Clause. By 2002, thirty-six states banned same-sex marriage or recognizing of same-sex marriage formed in other states (Richards 4-6). Benjamin Wittes says the uproar began in 1991 when Bill Clinton signed the Defense of Marriage Act, and liberals became upset claiming it was a contradiction to our free country (46-48).
Gay Marriage in America Everyone believes they should have the same rights as everyone else. Unfortunately that’s far from the truth. Gay marriage has been a battling debate for an outstanding amount long time. Arguments against gay marriage have been that it is unmoral, it isn’t traditional, or the main one is that it’s against many religions. Homosexuals are at an unfair disadvantage, mainly because of their sexuality.
With its signing, I want to say ‘welcome’ to the world, come to paradise.” However, this country has continued to vote to keep an estimated 9 million Americans who claim to be homosexual from marrying (Morello). Some are uncomfortable with gay marriage or it may go against their religion but banning it directly violates some of this country’s other laws. As opposition to gay marriage is based mainly on religious views, excludes gay couples from the benefits of marriage, and directly violates the United States Constitution, marriage between same-sex couples should be declared legal in every state. One strong argument presented is that there must be a separation between church and state. This is used to make sure that the church will not govern the state and guarantees freedom of religion.
10 Nov. 2013. Lipp, Murray. "7 Ways the U.S.A. Benefits From the Legalization of Gay Marriage." The Huffington Post. TheHuffingtonPost.com, 2 June 2013.
Why deny them the right to express their commitment to each other through the institution of marriage? If two people are gay and they want to be together, they are going to be together whether other people approve of the relationship or not. President Bush has been trying to put into effect an amendment to ban gay marriages. If this were to happen, it would violate over 1,100 rights, protections, and benefits guaranteed to the citizens of the United States (Oppose the discriminatory “Federal Anti-Marriage Amendment). The Constitution has been amended seventeen times in the past; however, all of these cases were to PROTECT the rights and civil liberties, not to deny them (Oppose the Discriminatory “Federal Anti-Marriage Amendment”).
The Federal Government should make same sex marriage legal in the United States. It is a human and civil right which is being denied to the LGBT (Lesbian, Gay, Bisexual and Transsexual) community. Same-sex couples should have access to the same marriage benefits and public acknowledgment enjoyed by heterosexual couples and prohibiting gay marriage is unconstitutional discrimination. Denying gay marriage infringes on the Civil Rights of American citizens. Not allowing same sex marriage is also a minority discrimination.
The defense of marriage act (DOMA), through the federal government has always rejected the gay marriages and presents that marriage is between one man and one woman. However before the enactment of this act, the privacy act regulated conception, procreation child bearing family relation and marriage. Having not specified the marriage parties, this could mean that the gay marriage was also p... ... middle of paper ... ... the need to be a homosexual is a natural thing thus these individuals should not be denied the right to marry, instead they ought to enjoy their marriage rights (Sullivan, 128-130). This has thus called upon the prohibition of the same sex marriage for amendments of the constitution so as to enable the gay enjoy their right of union. Work Cited Cahill, Sean.
The arguments against gay marriage are unreasonable. Some believe that being gay is unnatural or influences children to be gay. Studies show that there is no difference between children raised by same sex or straight couples. The Defence of Marriage Act of 1996 forbids federal governments from recognizing same-sex marriage which means only state governments can decide if they want to legalize or not legalize gay marriages in that state. There are many benefits that straight married couples receive that gay married couples do not receive.
One of the first actions taken to promote gay marriages was, “In 1993, Hawaii’s Supreme Court was the first to rule that limiting marriage to heterosexuals was unconstitutional, though the state legislature later amended the state constitution to define marriage more clearly as a union between a man and a women ... [leading] a new trend in gay rights activism that Congress felt the need to come involved.” (Bronski). In 1996 President Bill Clinton outlawed the idea and definition that marriage was a ceremony and that it legally united a man and a women, by signing the Defense of Marriage Act. In 2003, the Massachusetts Supreme Court ruled that the laws against the idea of same-sex marriage violates the U.S. Constitution. When Massachusetts legalized same-sex marriage on M... ... middle of paper ... ...e the Next Gay-Marriage Battlegrounds’, Time.Com, p. 1, Business Source Elite, EBSCOhost, viewed 6 January 2014. "First Amendment."
19 Nov. 2013. Rauch, Jonathan. Gay Marriage: Why It Is Good for Gays, Good for Straights, and Good for America. 1st, Rev. ed.