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History of same sex marriage essay
Homosexuality marriage ethical and social issues
Social issues in gay marriage
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Legal marriage is the right of all Americans regardless of their sexual orientation. Gay marriage is certainly a hot button issue. It invokes an emotional dialogue filled with passion, rage, hate and fear. However, at the base of it all, are two people who are in a committed relationship living normal and productive lives and contributing to society in a positive manner. This issue is being debated in every state of the union, and will eventually go to the Supreme Court. Gay people want to formalize their relationship and gain some of the legal standing and support that is given to heterosexual couples on a daily basis. Sadly, in most of this country, gay people are denied this right and not allowed to participate in what is a natural right for most other Americans. Efforts by NYS legislatures or Executive Orders by Governors to grant gay and lesbian people rights (i.e. non discrimination in hiring, housing or public accommodations) have been challenged by the right using public referendums. Putting the rights of gays and lesbians, or any minority, up to a vote by the majority places any minority at a disadvantage, and gay rights have usually come up short. In 1992, Colorado voters approved Amendment 2 to the state constitution by a narrow margin (54% to 47%). According to the U.S. Supreme Court decision, it would have prohibited "all legislative, executive, or judicial action at any level of state or local government designed to protect the status of persons based on their 'homosexual, lesbian or bisexual orientation, conduct, practices or relationships'." The US Supreme Court overturned Colorado’s Amendment 2. The majority opinion issued by Justice Kennedy concluded the following: "Based on this analysis of the potentia... ... middle of paper ... ...Jan 3, 2009) Garden State Equality; In New Jersey, a Blue-Ribbon State Government Commission Tells Governor Corzine and the Legislature: It's Time to Enact Marriage Equality, Pediatrics Week, (Pages 23 -26) Berall, F. S. Estate Planning, (Dec 2010) Update on Evolving Legal Status of Same-Sex Marriages, 37.12: (Pages 21-30) Bidstrip, S., Date Unknown, on-line in hypertext, Gay Marriage: The Arguments and the Motives "Romer v. Evans." West's Encyclopedia of American Law. 2005. Retrieved February 21, 2011 from Encyclopedia.com: http://www.encyclopedia.com/doc/1G2-3437703853.html Stoddard, T, Fein, B, (Jan. 1990) Gay Marriage, Personal relationships, Marriage, Legislation, Homosexuality, American Bar Association, (Pages 42, 42) Viscusi, G. and Smith, H. (2011, Jan. 29). France Has Power to Ban Same-Sex Marriage. The Gazette (Montreal, Que), p. A2
Throughout the recent history of America, gay marriage has always been an issue. With the different views and morals everyone has on the subject, it makes it hard for individual states to determine what side they should be on. In 1983 a Harvard Law School student, Evan Wolfson, wrote a thesis stating the rule of marriage equality. Justices concluded that gay couples were entitled to the legal benefits of civil marriage; and most crucially in the Supreme Judicial Court in Massachusetts, whose favorable ruling, in a suit by lawyer Mary Bonauto and the Boston-based Gay and Lesbian Advocated and Defenders, led to the nation’s first bona fide same-sex marriages…” (“Gay Marriage turns 10 and Credit Should Be Spread around- The Boston Globe). On May 17, 2004 Massachusetts became the first state to legalize gay marriages. In June of 2013, California legalized gay marriages, which helped their large LGBT (Lesbian, gay, bisexual, and transgendered) community. (“History and Timeline of the Freedom…”). When this finally happened, it was seen as a great achievement by Karmala Harris, a California Attorney. “This is a profound day in our country, and its just the right thing: ‘Justice is finally being served’” (“Court Gives OK for California Gay Marriages”).
The opinion of the court was held by Justice Kennedy, in that the Colorado amendment was held unconstitutional on the basis that it violated the equal protection clause of the 14th amendment on the United States Constitution. Kennedy argued the amendment singles out a specific group in which, it would make it so only homosexuals cannot receive the protective rights that are available to anyone else. This idea makes homosexuals unequal to everyone else because they are not guaranteed the same protection that anyone else could get if they needed it. Furthermore, the amendment burdens the homosexual community by not allowing them to seek protection against discrimination though the use of legislation. Additionally, Kennedy claims “In and ordinary case, a law will be sustained if it can be said to advance a legitimate government interest…” (632) By this he means that a law will be considered valid as long as it has a ...
On June 7th 1965, married couples in the State of Connecticut received the right to acquire and benefit from contraceptive devises. In a majority decision by the United States Supreme Court, seven out of the nine judges believed that sections 53-32 and 54-196 of the General Statues of Connecticut , violated the right of privacy guaranteed by the Fourteenth Amendment. The case set precedence by establishing marital (and later constitutional) privacy, and had notable influence on three later controversial ruling=s in Roe v. Wade (1973), Bowers v. Hardwick (1986) and Planned Parenthood of S.E. Pennsylvania v. Casey (1992) . The issue at hand was, and is still, one that still causes debate, wether a state has the authority to restrict the use and sale of contraceptives. Though it is not contraceptives, anymore, that is at the heart of the abortion debate, this ruling was the first step to the expectation of constitutional privacy.
Overall, the ruling in this case was a perfect interpretation of the Constitution. Despite opposition claiming that it is not addressed in the Constitution, too few rights are ever addressed in the Constitution of the United States. That is why there is a thing called Judicial Review. By utilizing judicial review, the interpreters of the law –Supreme Court, may make changes to policies and laws. Abortion, medicinal marijuana, and marriage fall under the umbrella of Equal Protection since they correspond to the rights and liberties of US citizens.
Nagourney, Adam. "Court Strikes Down Ban on Gay Marriage in California." New York Times. N.p., 7 Feb. 2012. Web.
Barclay, Scott and Shauna Fisher. "The States and the Differing Impetus for Diverging Paths on Same-Sex Marriage." Policy Studies Journal (2003): 3. eLibrary. Web. 27 Sept. 2013.
As granted by the United States Constitution, everyone is entitled to equal rights. The Supreme Court of the United States recently ruled that the Constitution guarantees a right to same-sex marriage. Gay rights are forgotten many times and equal rights for same-sex marriage are often ignored. For this reason, federal authorities have left policymaking regarding this topic up to individual state governments. Many people throughout the United States, and across the world, have extremely different views on the subject; some because of religious reasons, others because of family, others because of how they were raised. The policy of gay marriage and equal rights is an extremely touchy subject, and is much deeper than what it may seem.
"The Constitutionality of the Defense of Marriage Act in the Wake of Romer v. Evans ." New
The Supreme Court ruled by a 5-to-4 vote that the Constitution guarantees a right to same-sex marriage. A recent news said that US president Barack Obama was pleased with the end of the passing a gay marriage law in New York state. New York will become the largest and latest state to legalize gay marriage. And the US leader said “it’s the time to allow the matrimony between gays for a nationwide policy” [2]. According to many years for fighting of the legalized same-sex marriage, gays and lesbians finally can marriage in the accept law. Gay marriage has been hotly debated in the news lately. While several countries have some form of gay marriage on the books, the Netherlands recently became the first country to give same-sex couples in civil unions the same rights as heterosexual married couples [1]. In my opinion, same-sex marriage should become an established and accepted institution in societies around the world.
As of August 19th, 2013 as many as fifteen countries such as Argentina, Belgium, Brazil, Canada, Denmark, France, Iceland and other countries as well as several subnational jurisdictions, such as parts of Mexico and the United States, allow same-sex marriage. Although only eighteen states in the Unites States allow same-sex marriage. Those who support it goals are to have worldwide legalization of same-sex marriage.
Hanna, C. (2011). STATE CONSTITUTIONAL DECISION-MAKING AND PRINCIPLES OF EQUALITY: REVISITNG BAKER V. STATE AND THE QUESTION OF GENDER IN THE MARRIAGE EQUALITY DEBATE. Albany Law Review, 74(4), 1681-1700
...ot a civil issue, however "The 1967 Supreme Court case Loving v. Virginia confirmed that marriage is "one of the basic civil rights of man," [60] and same-sex marriages should receive the same protections given to interracial marriages by that ruling." ("Gay Marriage") Marrying whom ever we love is a right everyone should have. Every living human being. Everyone.
Gay and lesbian unions have been for a long time a subject that no one liked to discuss. For the last few decades, gays and lesbians have come out and expressed their sexuality preferences. Many believe that same sex marriage should not be legalized because it's against the moral. It's against the definition of marriage, which is considered as the union of a man and a woman as a husband and wife. Same sex marriage should be legalized because the way society views the union of lesbian and gays can a change. Another reason why same sex marriage should be legalized is that children that are issued from a gay or lesbian couple will be loved and raised in a family that is legally recognized under the law. Lesbians and gays also deserve to have the same rights as heterosexuals.
On June 26, 2015, the US Supreme Court ruled that the US Constitution guarantees the right for same-sex couples to marry. Should gay marriages be legal? Clearly we as a nation are undecided on this issue. Thirty-six states have passed legislation banning gay marriages, yet a few states have passed laws that allows homosexual couples the right to participate in civil unions. Several other states are also debating whether or not to allow these couples to marry. Unfortunately, the dispute has left the United States' homosexual community in an awkward position. There are some people who think that gay people have no rights and should never be allowed to marry, and others believe that gay people should enjoy the same rights and privileges as heterosexuals. I think that the United States should allow same-sex couples to marry just like heterosexual couples.
There are several reasons why homosexuals feel strongly about wanting to be legally married, why wouldn't there be? One reason that is probably the most commonly heard is, they want to legally show their love for each other by having a marriage license. Gay people want the right to marry like anybody else, and for the same reasons too. They are in love and want to be with this person for the rest of their lives. Even though it is possible to do this without being married, they want to be able to honor their relationship with their partner publicly. There should be absolutely no reason for two people not to be able to marry despite their sexuality. If a man and woman get to get married because they love each other, why can't a man and a man marry each other? What about a woman and a woman? They love each other too, isn't that a valid reason to get married? Isn't it also a valid reason to let them?