Same Sex Marriage Controversy in the United States Essays

Same Sex Marriage Controversy in the United States Essays

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In a very real sense, it is reasonable to argue that the government should have no say at all in the processes of marriage, or decide which adults may or may not legally marry. State and federal governments play a role, of course, in that marriage is a civil union, and provides benefits and legal protections for the couple. Historically, marriage serves the interests of the society by promoting stability and future generations of citizens, and governments usually act in ways to promote this very vital element. At the same time, it is highly questionable whether this governmental authority should have any voice in who chooses to marry, provided those involved are adults and wish to do so. This is in fact, at the heart of the same-sex marriage controversy still gripping the United States. Gay men and women, eager to gain the legal benefits and cultural recognition of legal marriage, demand it as a right, while others assert that marriage itself is defined as a union between only a man and a woman. Meanwhile, states today vary and alter individual state laws, as further debate rages over whether legally permitting same-sex marriage is a federal or state prerogative.
As the following will examine and support, same-sex marriage should be at best only a state concern, and the federal government should play no part beyond upholding states’ rights in the matter. This is essentially because governmental jurisdiction over the right to marry should be at a minimum, given the right to marry as not defined by gender within the Constitution or any other foundational law. Moreover, as states increasingly legalize same-sex marriage, a process occurs that is purely democratic in principle; the people are by degrees influencing the nation as ...


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...of Chicago Press, 2013. Print.
Meezan, W., & Rauch, J. “Gay Marriage, Same-Sex Parenting, and America's Children." The Future of Children 15.2 (2005): 97-113. Print.
Mello, M. Legalizing Gay Marriage: Vermont and The National Debate. Philadelphia: Temple University Press, 2008. Print.
Murray, M. “Marriage rights and parental rights: Parents, the state, and proposition 8.” Stan. JCR & CL 5 (2009): 357-407. Web.
Rimmerman, C. A., & Wilcox, C. The Politics of Same-Sex Marriage. Chicago: University of Chicago Press, 2007. Print.
Schram, S. After Welfare: The Culture of Postindustrial Social Policy. New York: NYU Press, 2000. Print.
Strasser, M. P. On Same-sex Marriage, Civil Unions, and the Rule of Law: Constitutional Interpretation at the Crossroads. Westport: Greenwood Publishing, 2008. Print.



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