DOMA has taken advantage of its power in the government. Once the Supreme Court gave a closer look at DOMA’s laws they realized it was unconstitutional. If the Supreme Court viewed DOMA as unconstitutional, there must have been something wrong with the law. There are still a majority of states not allowing gays to marry. With new laws and court cases, this will continue to be a controversial topic.
Joe Messerli states, “Many politicians are calling for amendments to their state constitution. Many areas of the country such as San Francisco have performed marriage ceremonies in defiance of the law… the basic question is, Should we allow gay couples to marry legally?” Denying homosexuals of marriage is a violation of religious freedom. The main reason for denial of gay marriage is that all major religions view homosexuality as a sin. The First Amendment states that a person’s religious views must be protected. Joe Messerli states, “the government cannot start making laws just because a religion says they should.
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).
Marriage is a union of love, not a union of genders. Same-sex couples should be allowed to publicly celebrate their commitment in the same way as heterosexual couples. It should be legal because the gay community should have the same rights as everyone else does. Many argue that same-sex couples should have the ability as to the same marriage benefits and public acknowledgment enjoyed by heterosexual couples and that banning gay marriage is unconstitutional discrimination. People opposing gay marriage say, “We must protect traditional marriage and the traditional family.” Matthew McTighe of the Mainers United for Marriage debates responds by saying, “Prote... ... middle of paper ... ...g and legalizing gay marriage.
It was not long ago that interracial marriages were considered taboo in our society. Many people thought those marriages were not “natural”. In fact, interracial marriages were illegal in thirteen states until 1967 (So you wanna know about gay marriage). Today if someone opposes an interracial marriage, the majority of the population would now say that the person is just a racist and needs to mind his own business. So why are gay marriages so different from that scenario?
Same sex marriage is the new topic for the 20th century. Gay marriage is not a liberal or conservative issue, but an issue of enforcing the US Constitution's guarantee of equal protection and due process to all Americans. Just like skin color, sexual orientation is an immutable characteristic, so the gay minority must be protected from discrimination just as racial minorities are protected. Accordingly, the constitutional right to marry cannot be subject to a majority vote. The Constitution does guarantee freedom of religion for those who see homosexuality as inconsistent with their religion, but it also states that religious beliefs cannot be the basis for anti-gay rights legislation.
Such legal moves, as well as the efforts by lesbian and gay couples to be recognized as such, face denunciation from some conservative voices who assert that by nature and divine will only relationships between men and women can be considered "natural". And, to be honest, there is also an unease expressed by some lesbian and gay activists who, recalling the critique of patriarchy made by 1970's feminism, see "marriage" as an irretrievably heterosexual institution. Same-sex marriages should be legal everywhere in the United States of America. According to the Constitution, marriage is a civil right that all Americans are born with. Our country has decided by passing the Defense of Marriage Act (DOMA) in 1996 that two people of the same gender cannot get married.
The history of our country is that of expanding civil rights. This fundamental civil right should be afforded to all loving and committed adult couples throughout our country not just opposite-sex couples. Reticence to understand homosexuality causes many straights to not be comfortable with homosexuality and believe same-sex marriage is unnatural. Furthermore, many straights cite religious reasons as just cause for not legalizing same-sex marriages. Same-sex marriages should be legalized in the United States.
However, Congress overwhelmingly passed the Defense of Marriage Act. This act undercut Hawaii’s effort and made it practically useless. The Defense of Marriage Act permitted states not to recognize same-gender marriages performed in other states. There is a separation between church and state in this country (Sullivan 260). Andrew Sullivan states “we are asking only that when the government gives out civil marriage licenses, those of us who are gay should be treated like anybody else” (260).
And the sad thing about this is that, most of the arguments offered to keep same sex marriages are flawed and reactionary, and based on nothing other than ignorance, fear, prejudice and bigotry. Same sex marriage is a marriage between people of the same sex. Same sex marriages are currently illegal in the US except for a few states. The illegalization of same sex marriages is wrong because, it is a prominent form of prejudice. Same sex couples are not only denied their civil rights, but also their legal and economic benefits.