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Why Gay Marriage Is Constitutional Essay

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Traditional wedding vows state, “I, (name), take you (name), to be my (wife/husband), to have and to hold from this day forward, for better or for worse, for richer, for poorer, in sickness and in health, to love and to cherish; from this day forward until death do us part”(Callaway). Marriage is defined as two people bond together legally under the protection of laws. Couples are able to express and establish their life long relationships officially, publicly, and permanently. Due to the fact that homosexual relationships are increasingly more accepted by the public, gay marriage has become one of the most controversial topics throughout the US. The fundamental human right of marriage should not be limited to a man and a woman; homosexual couples should also be included and protected under the law. Even though the right is not explicitly written in the Constitution, the Ninth Amendment demonstrates the rights that are not enumerated or listed in the Constitution are still retained by the people. The right to gay marriage is explicitly established in precedents from the Lawrence v. Texas and Loving v. Virginia cases. A legal precedent is a verdict of a pervious court case that is deliberated by a higher court that must be followed by a lower court within the justice system. It serves a purpose of a reference or authority for judges to interpret a new upcoming conflict in relation to law. The right to gay marriage is one of the fundamental civil rights that is implicitly written under the US Constitution, which demonstrate the assess to individual privacy and equal protection for all.
Since the ancient time (except in Greece), homosexual intimacy has been seemed as a sin by various religions. In 1778, the congress officially ...


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...illiam, and Jonathan Rauch. "Gay Marriage, Same-Sex Parenting, and America’s Children." The Future of Children. VOL. 15 (2005): 97-115. Web. 27 Apr. 2014.


Strasser, Mark. "SAME-SEX MARRIAGE AND THE RIGHT TO PRIVACY" Journal of Law and Family Studies [Online], 13 10 May 2011


Shah, Dayna K., and United States. U.S. General Accounting Office. Defense of Marriage Act: Update to Prior Report. Washington, DC: U.S. General Accounting Office, 2004.


Shapiro, Ellen. "'Til Death Do Us Part: The Difficulties of Obtaining a Same-Sex Divorce." Northwestern Journal of Law & Social Policy 8.2 (2013): 208-30. Web. 3 May 2014.


Thoreau, Henry David. "Resistance to Civil Government." Civil Disobedience. Boston: David R. Godine, 1969. Print.


"The Constitution of the United States," Amendment 1.

U.S. Const. am. 4.

U.S. Const. am. 9.

U.S. Const. am. 14.



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