Essay about The Fourteenth Amendment And The Right Of Marriage

Essay about The Fourteenth Amendment And The Right Of Marriage

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In 1868, after the abolition of slavery in the United States, the government decided to take measures to ensure “equal protection of the laws” to all citizens. The Fourteenth Amendment to our Constitution was written for that reason, and it further stated governments may not “deprive any person [of these rights] without due process of law.” Since that time, the U.S. Supreme Court has acknowledged that several basic rights, including the right of marriage, must not be denied regardless of a person’s race, nationality, or gender. There is one minority group, however, that the Court refused to recognize, and in doing so, blocked their right to obtain legally recognized marriages. For that reason, the United States government discriminated against homosexuals. Centuries ago, political and economic advantages were the foundation for joining two people together in marriage. The union also insured the legitimacy of their offspring, which secured their children’s inheritance. Over time, the Christian Church used its authority to portray marriage according to its canon, and, gradually, these beliefs became embedded into many societies. Wars, immigration, and industrialization have further contributed to perceptions of marriage. A person 's opinion of what a marriage is, or what a marriage should be, is created from all cultural, economic, political and historical events, which have preceded them (Coontz 7-8, 106). Some opinions become so strongly ingrained that it 's hard to separate civil marriage – one sanctioned by a government – from religious marriage – one blessed and approved according to religious doctrine. Yet, it is imperative to do so in considering homosexuals’ petition for marriage rights.
Since the U.S. Constitution proclai...

... middle of paper ...

...tes, including Hawaii, had taken action to preclude homosexuals from obtaining marriage licenses. With 11 states going so far as to bury the language within their constitutions (Coontz, 274), lifting the ban on homosexual marriage in the United States made it more difficult to achieve (Denike, 77).
Eventually, the LGBTQ movement began asking the United States government to allow them to enter into legal marriages; marriages consisting of two consenting, monogamous adults that will allow them the benefits and rights enjoyed by heterosexual counterpart married couples. The appeal, based on its Constitutional merit, the movement sought that the government 's decision should not include cultural considerations, political ramifications, or preceding historical events, nor should public opinion have any part on its ruling - otherwise it is nothing short of discrimination.

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