Gay Rights and Religious Freedom

analytical Essay
692 words
692 words

Gay rights coincide with freedom of religion, coming from the First Amendment, which also gives citizens the right of freedom of expression as well. People around the world are facing inequality and persecution because of their sexual orientation and gender identity. This all leads to discrimination amongst citizens of the U.S. In the United States, the rights of gays only exist in a few states, which permit them with the same equal opportunities as a heterosexual couple. The real area of potential conflict between religious freedom and gay rights arises in the circumstances of sexual orientation nondiscrimination laws. In this paper, it will illustrate how the First Amendment plays a role in gay rights in the United States, how same-sex marriage is protected under the Fourteenth Amendment and how the Bill, sb 1062, is able to refuse service because of sexual orientation in Arizona.
The First Amendment gives the right of freedom of religion, speech, and freedom of expression without government interference. In regards to freedom of religion, in the First Amendment, it contains two clauses. These two clauses are the Establishment Clause and the Free Exercise Clause. The establishment Clause forbids the government from being able to pass laws establishing that one religion is over another. The Free Exercise Clause does not allow the government to interfere with a person’s practice of their religion, but their rituals are, however, limited by the federal laws. It is there so that government will neither control nor prohibit the free exercise of anyone’s religion. These clauses were deliberately made to serve values that are common, and sometimes, these two clauses even clash. For example, people may advocate that same sex marriage in...

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Diana Hess, H. S. (2014, February 24). The 14th Amendment and Same-Sex Marriage. Retrieved from Law and Democracy:
Harvard Law Review Association. (1993). CONSTITUTIONAL LIMITS ON ANTI-GAY-RIGHTS INITIATIVES. Harvard Law Review 106, no. 8, 1905-1926.
Mallory, S. L. (1997). The Rights of Gay Student Organizations at Public State-Supported Institutions. NASPA Journal 34, no. 2, 82-90.
Redfield-Ortiz, K. (2011). GOVERNMENT BY THE PEOPLE FOR THE PEOPLE? Representative Democracy, Direct Democracy, And The Unfinished Struggle For Gay Civil Rights. Arizona State Law Journal 43.1, 1367-1416.
Smith, D. (2014, March 10). Does Same-Sex Marriage Threaten Religious Freedom? Retrieved from Bill Track 50:

In this essay, the author

  • Analyzes how the first amendment plays a role in gay rights in the united states, how same-sex marriage is protected under the fourteenth amendment, and how sb 1062 can refuse service because of sexual orientation in arizona.
  • Explains that the first amendment gives the right of freedom of religion, speech, and expression without government interference. the establishment clause forbids the government from passing laws establishing that one religion is over another.
  • Argues that the government makes it hard for them to identify what is under threat, in a personal way, for homosexual’s equality of marriage.
  • Explains that the defense of marriage act, passed in 1996, defines marriage for the first time under federal law as a unification between man and woman.
  • Explains that the fourteenth amendment protects the right of same-sex marriages. it does not specifically state that it is a right, but proscribe states from curtailing privileges of the united states citizens.
  • Explains that the percentage of americans polled who believed that gay men and lesbians should have equal employment rights rose approximately from 56 percent to 86 percent.
  • Cites avery, a. c., bramwell, and shoichet, h.
  • Cites diana hess, h. s., and mallory. the 14th amendment and same-sex marriage.
  • Describes redfield-ortiz's views on representative democracy, direct democracy and the unfinished struggle for gay civil rights.
  • Analyzes smith, d. (2014, march 10). does same-sex marriage threaten religious freedom?
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