In addition, it is important to note that in the United States’ Congress is still making laws that forbid gay marriage. These laws deny a segment of the population (homosexuals) the same right same as the majority: to marry. It is high time the government did something to stop the discrimination of same-sex couples and abolish these laws. Both cases (Hawaii, 1993, and Massachusetts, 2004) had a legal response. In 1996 Bob Barr, a Republican, introduced a bill banning same-sex marriages.
In 1996, Congress passed the Defense of Marriage Act that defines marriage as a union between members of the opposite sex, and left this matter up to the individual states. In 2006, President Bush proposed a constitutional amendment that would prohibit marriage between same-sex individuals. In the U.S there are very few states that will accept or allow the marriage licenses of homosexuals. Legalizing same-sex marriages and the civil unions will benefit the spouse by giving them the right to take medical leave, pension, tax breaks, bereavement, and custody of a child. “There is an ongoing international as well as national battle over the issue of same-sex marriage which involves profound legal, social, political, and moral considerations--invoking the most basic understanding... ... middle of paper ... ...ame=News&action=e&windowstate=normal&catId=&documentId=GALE%7CA217752422&mode=view&userGroupName=canyonuniv&jsid=753dbf5da5feece077d467a67f894cbb Joseph, Drew.
As of today, the following states have legalized gay marriage: Massachusetts (May 17, 2004), Connecticut (Nov. 12, 2008), Iowa (Apr. 24. 2009), Vermont (Sep. 1, 2009), New Hampshire (Jan. 1, 20... ... middle of paper ... ...he united citizens the government and citizens should relative that banning gay marriage is not giving everyone the equal rights they deserve. A person deserves to be who they are, this is what this court was founded on, equal rights for all. Even though, anti-gay do not practice and approve it really has nothing to do with them.
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).
If an amendment is used to ban such marriage, then that would make it unconstitutional. I do not favor same sex marriage. I feel as if same sex marriage is a sin and that people should avoid living that sinful lifestyle and live right, by God. The amendment mandates that "marriage between one man and one woman is the only domestic legal union that shall be valid or recognized." Opponents of the measure ran ads stressing the impact the language would have on straight North Carolina residents, arguing that the measure would eliminate protections against domestic violence.
When states truly examine their constitutions, they are forced to realize that the denial of marriage, or a similar institution, is unconstitutional. The U.S. government would be forced to come to the same conclusion, if they impartially reviewed the U.S. Constitution. The denial of marriage rights to same-sex couples can be compared to the denial of interracial marriages in past decades. Until 1968, interr... ... middle of paper ... ...ed, due to the separation of church and state in the United States. The discrimination against homosexuals, which keeps same-sex unions illegal and prevents homosexuals from receiving many of the benefits associated with heterosexual marriage, must stop.
No government should be able to prohibit anyone from legally declaring his or her love. Discrimination against a particular group of people because of race, color or religion is prohibited by our nation's constitution. However, homosexuals are denied basic human rights, not because of race, religion, or color, but because of sexual orientation. Our nation declares "equality, liberty, and justice for all," while prohibiting civil liberties to this specific group of people. Gay Americans are even denied the right to legally declare love, through civil marriage.
“Federalists and Anti-Federalists.” N.p., n.d. Web. 5 Sept. 2011. http://library.thinkquest.org/11572/creation/framing/feds.html. "ThisNation.com--Ratification." ThisNation.com-American Government & Politics Online United States Federalists N. p., n.d.
After they were denied marriage licenses, they had argued that it broke the state’s constitution that discriminates against the same sex. They also contended that civil unions created a separate but not equal status for gay and lesbian citizens (Williams). In Massachusetts and Connecticut it was violating the constitution of the states. In the sixteen states that legalized same-sex marriage the states government found that it is unconstitutional to deny the right to marry the same sex. There are sixteen states that will allow same-sex marriage, but what about the rest of them?
As time passes, the federal government will come to realize that it is unconstitutional to deny U.S citizens the right to same sex marriage. It is obvious that our founding fathers would agree that same sex marriage is constitutional and that the benefits reserved only for heterosexual marriages is highly unconstitutional. The solution that some states have created for this situation known as domestic unions is more of a setback for homosexuals than progress. The founding fathers of the US Constitution believed in liberty and freedom for all. James Madison was a contemporary of the natural rights theory.