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: http://www.lawanddemocracy.org/pdffiles/samesexSAC.pdf
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: http://www.billtrack50.com/blog/civil-rights/does-same-sex-marriage-threaten-religious-freedom/
The Free Exercise Clause of the First Amendment states “Congress shall make no law respecting the establishment of religion, or prohibiting the free exercise thereof”. Meaning, Congress cannot forbid or ban the exercise or belief of any religion. However, the government can in fact interfere with religious practices. This means that the government cannot prohibit the beliefs of any religion, but can intervene in certain practices. The origins of the First Amendment date back to when the Constitution and Bill of Rights were first debated and written down.
The first Amendment of the United States Constitution says; “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”[1] Our fore fathers felt that this statement was plain enough for all to understand, however quite often the United States government deems it necessary to make laws to better define those rights that are stated in the Constitution. Today the framers would be both encouraged and discouraged by our modern interpretation the First Amendment the United States Constitution.
The constitutional right of gay marriage is a hot topic for debate in the United States. Currently, 37 states have legal gay marriage, while 13 states have banned gay marriage. The two essays, "What’s Wrong with Gay Marriage?" by Katha Pollitt and "Gay "Marriage": Societal Suicide" by Charles Colson provide a compare and contrast view of why gay marriage should be legal or not. Pollitt argues that gay marriage is a constitutional human right and that it should be legal, while Colson believes that gay marriage is sacrilegious act that should not be legal in the United States and that “it provides a backdrop for broken families and increases crime rates” (Colson, pg535). Both authors provide examples to support their thesis. Katha Pollitt provides more relevant data to support that gay marriage is a constitutional right and should be enacted as law in our entire country, she has a true libertarian mindset.
"You robbed me of something very precious and I will never forgive you for that. Mr. McKinney, I give you life in the memory of one who no longer lives. May you have a long life and may you thank Matthew every day for it." Those were the words said by Dennis Shepard at the sentencing of Aaron McKinney, one of the men who tortured, robbed, and murdered his son Matthew Shepard. He was given a life sentence. States must inflict a harsher punishment for people who commit gay violence crimes because over the years hate crimes based on sexual orientation have become the third highest category reported.
The extents of the Fourteenth Amendment to the Constitution has been long discussed since its adoption in mid-late 1800s. Deciding cases like Brown v. Board of Education and Roe v. Wade has been possible due to mentioned amendment. These past cases not only show the progression of American society, but also highlights the degree of versatility that is contained within the amendment. Now, in 2015, the concerns are not of racial segregation or abortion, the extent of the amendment was brought to a new field: same-sex marriage. In Obergefell v Hodges, we can see the epitome of the Equal Protection Clause.
Lukianoff, G. Foundation For Individual Rights in Education, (2007). Hampton university denies recognition to gay and lesbian student group without explanation. Retrieved from website: http://www.thefire.org/hampton-university-denies-recognition-to-gay-and-lesbian-student-group-without-explanation/
As New York City was waking up on Saturday, June 28, 1969, the New York City police raided the Stonewall Inn, a popular gay bar in Greenwich Village. The raid led to riots and protests that lasted several days. Such police harassment was hardly uncommon at the time, but this particular raid proved to be the last straw. What could have been a quickly forgotten brawl instead became “the beginning of the modern struggle for gay civil rights” (Teal). The Stonewall Riots pushed the gay rights movement to the forefront of hot-button topics in the United States, where it has remained ever since (Teal).
The essential association for recognizing gay men as an oppressed social minority was the Mattachine Society, established in 1950 by Harry Hay and ...
"The Constitutionality of the Defense of Marriage Act in the Wake of Romer v. Evans ." New
Savage, Charlie., and Stolberg Sheryl G. “In Shift, U.S. Says Marriage Act Blocks Gay Rights.”
In this essay, I will explain how religion is sometimes used to mobilize against LGBT people, how some people’s religious and personal doctrines conflict regarding LGBT issues, and how religious belief and community can be a positive force for the LGBT community.
"Milestones in the American Gay Rights Movement." PBS. WBGH Educational Foundation, n.d. Web. 14 Oct. 2013.
The first amendment applies to every single citizen in the country, but most of them do not even know what it is about or what it means. The first amendment states "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances." In other words, the first amendment defends humans' rights to worship-or not worship- who ever they want, their right to express ideas and beliefs, and their right to unite and protest for what they believe right.
Stoddard, T, Fein, B, (Jan. 1990) Gay Marriage, Personal relationships, Marriage, Legislation, Homosexuality, American Bar Association, (Pages 42, 42)
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.