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sAme sex marriage
legalized same sex marriages
the prohibition of same-sex marriage
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One of the biggest controversies sweeping the United States today is the fight in legalizing same-sex marriage. Some states such as Connecticut in 2008, Vermont in 2009, Massachusettes in 2004, New Hapshire in 2010, New York in 2011, and the District of Columbia in 2010 have come to issue same-sex licenses (HRC, 2011). While others recognize same-sex marriages, Maryland in 2010 and Rhode Island in 2007, civil unions,Delaware and Hawaii in 2012, Illinois in 2011 and New Jersey in 2007, and domestic partnerships, Washington and Nevada in 2009, Oregon in 2008, and California in 2007 (HRC, 2011). However; even though it may seem as “equality” that there are statewide laws ruling in favour of civil unions and domestic partnerships for same-sex couples, on paper it is far from it. Those who argue against the legalization of same-sex marriage, raise the point that it is unbiblical, against their religion, and that it threatens the sanctity of marriage. Even the former Senate majority leader Bill Frist expresses his opposition to same-sex marriages, “I very much feel that marriage is a sacrament and that should extend and can extend to that legal entity of a union between what has traditionally in our Western values been defined as between a man and woman. So I would support the amendment” (Associated Press, 2003). In addition, others argue that it weakens traditional family values , and that it can even cause confusion to children about gender roles or even raise the divorce rate. In constrast, the United States of America was founded with the intent to keep the church and state seperate and considering that such few states have legitimately passed laws ruling in favour of same-sex marriage, more so, it is almost impossible to factu... ... middle of paper ... ...reamble). Therefore, no man or woman should fall under descriminations that are based on the religious beliefes mentioned above. Third, in Clause 1 of Article 4 in the Federal Constitution it states that “ The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.” With this considered Maryland and Rhode Island should not be the only state to recognize same-sex marriages that have occurred outside of their jurisdiction. www.hrc.org/resources/entry/same-sex-relationship-recognition-laws-state-by-state www.foxnews.com/story/0,2933,90731,00.html www.nber.org/public_html/confer/2011/HEs11/Francis_mialon_peng.pdf www.census.gov/compendia/statab/2012/tables/12s0075.pdf www.atheism.about.com/od/gaymarriage/p/contragaymarria.htm www.civiliberty.about.com/od/gendersexuality/tp/arguments-against-gay-marriage.htm
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 except that the justices will vote along party lines. When the 5-4 ruling was reveled by the following statement. “It would misunderstand these men and women to say they disrespect the idea of marriage. Their plea is that they do respect it, respect it so deeply that they seek to find its fulfillment for themselves. Their hope is not to be condemned to live in loneliness, excluded from one of civilization’s oldest institutions. They ask for equal dignity in the eyes of the law. The Constitution grants them that right (Corn,2015).” written by
In a country with it’s fundamentals based on liberty and equality, America has always struggled with those very concepts. Throughout history, Americans have been challenged to make decisions that have oppressed and freed certain groups of people. The political fight for same-sex marriages is a perfect example of this notion. This relation between spouses has created a major controversy that is creating history in our nation. A series of protests, acts and political scandal has finally opened America to discuss a topic that had been in “the closet” for a long time. This discussion asks questions that have caused a visceral reaction in society. Questions such as whether gays and lesbians should marry, and if so, should they be granted the same matrimony rights as heterosexual couples? Should marriage be protected to fit traditional American values? How would these unions affect or contribute to our definition of such a celebrated institution? .
A debate is raging in America about who people have a right to marry. In response to lesbians and gays asking for the right to marry, many legislators are writing laws to ban same-sex marriage in their respective states. Even President Bush supports a Constitutional amendment that would ban same-sex marriage (prez.bush.marriage/). Opponents of such legislation do not want discrimination passed into law and are protesting at every opportunity. One must understand the reasons that people want to ban same-sex marriage before he or she can effectively argue about the subject. Many advocates of same-sex marriage bans say that allowing gays and lesbians to marry would degrade the institution of marriage because marriage is only supposed to exist between a man and woman. In addition, allowing same-sex marriage would cause problems for society (Issues and Controversies on File). One theory why opponents may fight against same-sex marriages is that heterosexual marriages have long reinforced traditional gender roles within marriage and that allowing same-sex marriages would cause males to lose their authority to subordinate females as heterosexual couples begin to model same-sex marriage gender equality (Calhoun 157).
Being so advanced technologically, it is surprising how America is still so behind on the issue of same-sex marriage. The United States should push aside the religious argument in this debate, and truly separate its church and state as it claims to do so. From its slow beginning to the rapid increase of support in the 70’s, homosexual marriage has been a controversial debate that hopefully will end in the near future.
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.
However, despite the growing arguments they are all nothing new to the states. in fact, the first noted case on same sex marriage was brought to the supreme court in 1972. The dream for everyone’s equality, including same sex couples, has been an issue within America for many years. Unfortunately, matters like this aren’t restricted by a time frame. In the year of 2013 the Department of Defense began allowing same-sex couples to apply for marriage identification cards. As each state began giving the O.K for these couples, we were also taking steps that were bringing us closer to achieving our dream. Unfortunately not all states feel the same. It was during this time that Texas, Mississippi, and Louisiana refused to process applications. As the arguments continue to drag on The American Dream is becoming harder and harder to achieve. Meanwhile, In Iowa the legalization of same sex marriage was passed and couples rushed to fill out their applications. Unfortunately, like all good things this didn’t last long. “The chance was fleeting. After four hours, Robert B. Hanson, the same county judge who had deemed the ban on same-sex marriages unconstitutional, delayed further granting of licenses until the Iowa Supreme Court decided whether to consider an appeal. [...] Here, the brief flurry of applications for marriage licenses was low key. About 20 couples applied before a
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”).
Imagine someone telling you that you were not allowed to marry the person you are in love with just because they are the same sex as is. Imagine being harassed and treated completely different just because you are in a relationship with someone of the same gender as you. Now more than ever, same-sex marriage is a topic that is often discussed. In 2010, there were approximately 646,000 same-sex couples in the United States according to the 2010 decennial census, (Lofquist, 2010). As of Jan. 6, 2014, gay marriage has been legalized in 17 of the 50 states, (procon.org, 2014). For a very brief amount of time, Michigan was the 18th state that allowed gay couples to marry, but now it joins Utah, Oklahoma, Virginia, and Texas. These states have had courts overturn gay marriage bans, but they still have pending appeals.
As of 2015, the lesbian, gay, bisexual and transgender (LGBT) community continues to struggle for equal rights held by their straight counterparts. Socially, LGBT persons are subject to discrimination, hate crimes, and stigma, while legally, LGBT persons encounter obstacles that preclude them from basic rights afforded to every other subculture in America. One of the most divisive issues related to LGBT rights has been same-sex marriage, which has been creating conflict both politically and socially dating back to the 1970’s (Finnis, 1997). Those in favor of same-sex marriage argue that regardless of gender or sexual preference, marriage is a basic right that the government has no legitimate interest in blocking. Opponents argue that same-sex marriage is ethically and morally wrong, and they cite reasons spanning from religious beliefs to the creation of a slippery slope that would lead to the demise of the institution of marriage (Volokh, n.d.). Faced with the difficult task of balancing both sides of the equation, President Bill Clinton signed into law the Defense of Marriage Act (DOMA), the policy that will be analyzed in this paper.
Fewer social issues cause more heated debate both politically and personally than the issue of same-sex marriage. When presented with the term “marriage equality”, most Americans would probably associate it with same-sex marriage. But homosexual couples have not been the only demographic to experience inequality in America when it comes to marriage. In early agrarian societies, women were the face of marriage inequality. They were considered a possession like land or cattle or anything else. Fast forward to 1960’s America when the American Civil rights movement was at its height. With the exception of those who lived it, few would remember that it was only in recent decades that interracial marriage was legalized in the United States. Will history repeat itself? Will future generations of Americans ever remember a time when same sex couples were not allowed to marry? This paper will attempt to explore the history of marriage inequality in America as well as highlight the issues that are being debated and voted on in present day elections.
Same-sex marriage inequality is an issue that has been troubling American society since the birth of our country. More recently, the United States Supreme Court has tackled some frequently raised arguments that deal with same-sex marriage and our constitutional rights. In the case US vs. Windsor, the legal question: “Does the Defense of Marriage Act [...] deprive same-sex couples who are legally married under state laws of their Fifth Amendment rights to equal protection under federal law?” The Defense of Marriage Act (DOMA) defines the term “marriage” under federal law as a “legal union between one man and one woman”. The ultimate ruling of the case US v. Windsor declared that Section Three of the Defense of Marriage Act was unconstitutional. The social and economic effects of the decision was not universal in effect, and unfortunately, since states retain power to allow or deny same-sex marriages, over nine-million Americans are still being stripped of their rights.
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.
In society, the people that constitute marriage are the policy makers in our government. Unfortunately, marriage is a privilege and not a right. In some states, homosexuals are not allowed to get married (Lamanna and Reidmann, pg. 276). Although people in s...
Prohibiting same sex marriage is unconstitutional. "The act discriminates on the basis of the sex by making the ability to marry depend on one's gender" (American Civil Liberties Union, p 12). It also disregards the Faith Full and Credit Clause of the constitution. If a gay or lesbian couple gets married in a state where same sex marriage is legal, but then for some reasons decides to move to another state where same sex marriage is prohibited, it would mean that their union would not be recognized.
The legality of gay marriage is a hot topic for many reasons. Traditionally marriage has been known as a legal bond between a man and a woman. Times have changed since those days. More and more people are coming out of the closet everyday. There are more gay people today than there ever have been and that number is only increasing. Marriage is a way for two people to show their commitment towards each other, so it should not matter what their gender or sexual orientation is.