There is also the issue of section 1 from the above Article IV which guarantee Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. (Section 2 could also lead to some issues, but as it has been interpreted these issues seem minor). Here is briefly my understanding of how the SCOTUS has interpreted that clause, based primarily on my reading from Andrew Koppelman's book (see left sidebar) which devotes all of chapter 5 to this subject. Fulll Faith and ...
... middle of paper ...
...ough a process they decided upon. As I said, I'm not a big fan of the state as sovreign concept, but it's what we have right now. Unless we are going to abandon that concept, it is up to the state to deal with matters of how their own constitution should be interpreted. Other than prohibition (which many say in hindsight was a terrible idea) the only time we limit what a state can do within its own territory is when otherwise it would violate the right of an individual as a US citizen.
In summary, if I could write the constitution as I saw fit, states wouldn't have rights and marriage policy would be set by the federal government. If we are going to leave marriage policy to the states, as the constitution currently does, I see no reason to carve out an exception for same-sex marriage. States already have the requirement to provide equal protection in all of their laws including marriage, and I believe this would require same-sex marriage. I have no problem with somebody pushing for an amendment to the constitution if they see a change as necessary. I would hope the amendment would be narrowly tailored, though, to address the specific problem or problems it is designed to address.
Need Writing Help?
Get feedback on grammar, clarity, concision and logic instantly.Check your paper »
- Traditionally in this country, marriage has been defined as a religious and legal commitment between a man and a woman. Homosexual relationships are slowly gaining acceptance in this country; however these same-sex couples cannot marry legally, have or adopt children, and are believed to threaten society. Some states are performing commitment ceremonies called “civil unions” which is marriage without using the word “marriage”. Many heterosexual citizens as well as politicians are against gay marriage, but, believe it should be left up to the states to decide.... [tags: Same Sex Marriage Essays]
1168 words (3.3 pages)
- In contemporary society, particularly in contemporary America, divorce rates have spiked to rates as high as 4.1 marital separations per 1000 individuals. This escalation has left many very ambivalent of the future of marriage in the world, a commitment that in many respects has been viewed as a lifelong or even lasting for eternity. Such surges in divorces seem to be more visible in cultures that allow for free-choice mate selection, where individuals are free to choose whom they wish to marry.... [tags: Marriage, Divorce, Kinship, Family]
1713 words (4.9 pages)
- Marriage is the sacred bond between two people who love and cherish one another. Traditionally this bond has been held between man and woman. With so many changes in the world, there are more openly homosexual people in our society. Though people have become more accepting of the existence of homosexuality, gays and lesbians are still considered unequal when it comes to marriage. Homosexual couples should have the same rights to marry as heterosexual couples. Denying this right is unjust and is discrimination towards a group of people.... [tags: Homosexual Couples Should Have the Right to Marry]
945 words (2.7 pages)
- Recently, there has been a rather large push to legalize same-sex marriage. However, this brings about some ethical/moral questions. Almost all Americans who are married today are married to their opposite sex. on Election Day 2004, gay marriage was one of the most significant moral issues lurking below, 22 percent of the Americans claimed to be motivated by moral values when they turned out to vote “Recent analyses show that the issue had a significant influence on individual voters and state vote totals in several regions of the United States” (Olson) those who are apart from the religions like Christianity or Judaism are more likely to support same-sex marriage.... [tags: Homosexuality, Same-sex marriage, Marriage]
1696 words (4.8 pages)
- Homosexual couples often feel left out and socially rejected because they do not have the same rights as straight people (Gale Group). Homosexuals should have the same rights as straight people. They should not feel left out of a group or feel any different than a straight person would. Everyone is equal and homosexual people should enjoy life feeling equal to hetereosexual people, which means they should have the same rights and marriage privileges as those who are straight. Homosexual people are the same as heterosexual people.... [tags: Same-sex marriage, Homosexuality, Marriage, HIV]
1832 words (5.2 pages)
- The Supreme Court of the United States ruled that the Constitution guarantees a right to same-sex marriage. Yet, same-sex marriage continues to be a highly debated issue that leaves our society searching for answers. This has been very apparent during elections when politicians, in order to distract or sway conservative voters, all took a side and had an opinion on the issue of same-sex marriage. The debate has been presented on the left as a civil rights debate, equal rights. And on the right, as a morals debate, a referendum on homosexuality (Rauch, J.... [tags: Gay Marriage, argumentative, persuasive]
1273 words (3.6 pages)
- There are many terms used by media outlets to describe same-sex marriage. Marriage equality is the more fair term, and is also prefered by the LGBTQ community. Gay marriage is the term that is usually used by people who oppose same-sex marriage. The term itself is not necessarily offensive, however, it is not quite as polite. The word “gay” can sometimes have a negative connotation. Also, the idea of same-sex marriage is not just about legalizing marriage for homosexuals. It is about everyone being able to be legally married no matter who it is you want to marry.... [tags: Same-sex marriage, Marriage]
731 words (2.1 pages)
- Same-Sex Marriage should be legalized Marriage is defined as the state of being united to a person of the opposite sex as husband or wife in a consensual and contractual relationship recognized by law. It stems all the way back to biblical days when God created Adam and Eve, a perfect partnership of a man and women. While you receive a state issued Marriage license, marriage has been primarily controlled by the church and officiated by a Priest or Pastor. I find it hypocritical that Americans do not want God in schools or law making processes but use it as a scapegoat to ban same-sex marriages.... [tags: Marriage, Same-sex marriage]
1037 words (3 pages)
- The purpose of this essay is to analyze fastidiously and personalize Warner’s Beyond Gay Marriage article. Three convergent points of Warner’s argument will be broken down, and examined. First, the concept that marriage consecrates some pairs at the cost of others. Second the question of why marriage has become such a prevalent organization in gay politics. Finally, the definition of marriage in public, private, and state terms. Marriage is far beyond what it has been previously defined in history.... [tags: Marriage]
1891 words (5.4 pages)
- Gay marriage is a very talked about topic in are country that shouldn’t be ignored. I believe men and women should be able to love freely and not be shamed by it. Marriage is a great factor in the United States. To some people it’s what we live for; is to get married and start a family. To not give everyone the same opportunity to have a happy marriage and family is unlike us. This problem is bringing a lot of hate, the same hate that was used in racial discrimination so why not give gays equal rights like everyone else.... [tags: marriage, United States, discrimination ]
1629 words (4.7 pages)
- Should Members Of Congress Earn More Money Or Less?
- Should Physcian-Assisted Suicide be Legal
- Should Quebec (or Other Provinces) Separate From Canada In Order To Be
- Should Racist Speech Enjoy Protection under the First Amendment?
- Should Rich Nations Help Poor Nations?
- should scarlet letter be published