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the constitutionality of marriage inequality essay
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Marriage is defined as “(1) 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 (2): the state of being united to a person of the same sex in a relationship like that of a traditional marriage ("Marriage," 2003, p. 659). Despite the latter definition’s addition to dictionaries in the past decade, this definition of marriage is still debated. Being a touchy subject in both politics and religion today, it’s been very hard to come to an agreement. There are two main sides to this argument regarding the nature of marriage. Some stick to their conservative and/or religious beliefs, while others state that marriage is a civil right (Kim, 2011, p. [Page 38]). However, same-sex marriage is not legally recognized in North Carolina and thirty-two other states at this time ("Defining Marriage: State Defense," 2014). Homosexuals have been denied many of the rights given to those that are heterosexual. Same-sex couples are not able to receive other benefits as a heterosexual couple would. The lack of benefits is extremely unequal and unfair. This unacceptable treatment is unconstitutional and should not continue. Great progress has been made over the years in the LGBT community. Until a few decades ago, there were no laws protecting any citizens from hate crimes. Years before, racial hate crimes were committed in during the civil rights movement. Victims could not be helped, whatsoever. Many years later, anti-LGBT hate crimes were still being committed and were still being overlooked. Investigators were unable to assist homosexual citizens and couples as they were not covered under federal law ("Hate Crimes Law," n.d.). October 7th, 1998, 22 y... ... middle of paper ... ...ober). Marriage Inequality: Same-Sex Relationships, Religious Exemptions, and the Production of Sexual Orientation Discrimination. California Law Review, pp. 1169-1238. Newton, D. E. (2010). Same-sex Marriage : A Reference Handbook. Santa Barbara, CA: Greenwood Publishing Group. Nussbaum, M. (2009). A Right to Marry? Same-sex Marriage and Constitutional Law. Retrieved March 25, 2014, from Dissent Magazine website: http://www.dissentmagazine.org/article/a-right-to-marry-same-sex-marriage-and-constitutional-law An Overview of Federal Rights and Protections Granted to Married Couples. (n.d.). Retrieved March 27, 2014, from Human Rights Campaign website: https://www.hrc.org/resources/entry/an-overview-of-federal-rights-and-protections-granted-to-married-couples Survivors Benefits [Pamphlet]. (2013). Social Security Administration. http://www.ssa.gov/pubs/EN-05-10084.pdf
Wolf, Richard. “Timeline: Same-Sex marriage through the years.” USA Today, Gannett Satellite Information Network, 26 June 2015,
Gay marriage is a hotly debated issue in today's society. Andrew Sullivan and William Bennett offer opposing views in the June 3, 1996 edition of Newsweek. Sullivan's article, “Let Gays Marry,” offers several arguments supporting the issues of same sex marriage. Bennett counters in his article, “Leave Marriage Alone,” that same sex marriages would be damaging to the sanctity of marriage. Each author presents several reasons for the positions they defend and bring up valid points to defend their opinions. William Bennett and Andrew Sullivan share a mutual respect for the values and sacredness of the bond of marriage. Their disagreements stem from who they believe should be allowed to marry.
NeJaime, Douglas. "Marriage Inequality: Same-Sex Relationships, Religious Exemptions, and The Production of Sexual Orientation Discrimination." California Law Review100.5 (Oct2012): 1169-1238. Academic Search Complete. Web. 31 Oct. 2013.
Kennedy, Dorothy M., and Jane E. Aaron. "Gay “Marriage”: Societal Suicide." The Bedford Reader. By X. J. Kennedy. 11th ed. Boston: St. Martin’s, 2012. 576-578. Print.
Strasser, Mark. “Same-Sex Marriage And The Right To Privacy.” Journal of Law & Family Studies. 13.1 (2011): 117-150. Academic Search Complete. Web. 15 Apr. 2012.
One of the most controversial issues around today is gay marriages. Many believe that the media is primly responsible for the idea of same-sex marriages, but when it all comes down to it there are really only two sides; those who support gay marriages, and those who oppose them. Two authors write their opinions on their opposite views on this issue. Sullivan (2002) supports same-sex marriages and believes marriage to be a universal right, not just restricted to heterosexuals. Contrary to Sullivan, Bennett (2002) believes that marriage is a sacred traditional family value that should be set aside for heterosexual couples. (2002)Throughout this essay, I will summarize both authors’ ideas and evaluate them through their evidence and styles.
Stoddard, T, Fein, B, (Jan. 1990) Gay Marriage, Personal relationships, Marriage, Legislation, Homosexuality, American Bar Association, (Pages 42, 42)
The concept of same-sex civil unions have throughout the history of society, but have always come attached with a stigma and a hugely divided audience of interest. In 1970, the first same-sex couple applied for a marriage license in Hennepin, Minnesota and were denied. The couple decided to try a different county and were granted their license. This led to the Supreme Court case Baker v. Nelson, which ended up being eventually dismissed under the grounds of “a want of a substantial federal question”. However, several other cases involving same-sex marriage in the US have led to Supreme Court cases deciphering and interpreting our constitutional rights. From Baker v. Vermont to Perry v. Brown, the Supreme Court has interpreted a handful of legal disputes questioning ...
Wardle, Lynn D. "The Movement To Substitute Generic Adult Intimate "Relationships" For "Marriage”." Marriage and Same-sex Unions: A Debate. Westport, CT: Praeger, 2003. 195. Print.
Wheeler, S. M. "Same-sex marriage in the Americas: policy innovation for same-sex relationships." Choice: Current Reviews for Academic Libraries 48.4 (2010): 770-771. Library, Information Science & Technology Abstracts. EBSCO. Web. 2 Mar. 2011.
Ettelbrick, Paula L. “Legalizing Gay Marriage Would Harm Homosexuals.” Homosexuality: Opposing Viewpoints. Dudley, William, ed. United States: Opposing Viewpoints Series. Pages 177-183. Print.
Laycock, Douglas, Anthony R. Picarello, and Robin Fretwell. Wilson. Same-sex Marriage and Religious Liberty: Emerging Conflicts. [Washington, D.C.]: Becket Fund for Religious Liberty, 2008. Print.
Same-sex marriage has been a controversial problem throughout history. In the United States, there are 17 states where same-sex marriage is legalized and 33 states where it is not legalized. Even though there is a growth in number of people who supports legal recognition to same-sex marriage, many still oppose it because they consider same-sex marriage is unnatural. In specific, religious groups believe same-sex marriage is the cutting edge of sexual revolution, and such act offends God. As the result, same-sex couples are often denied from their very fundamental right and are discriminated by people around them. In addition, such injustice and discrimination also affects the mental and physical health of many homosexual persons. Even though civil unions in many states are authorized to provide protections for same-sex couples, the injustice and prejudice against homosexuals are nowhere seems to stop.
Marriage? Marriage is taking someone as one’s wife or husband. The revised definition is the formal union of a man and a woman. Homosexual couples that want to get married shows that they want a commitment to each other for a life time just like heterosexuals have legally, not an order of domestic partnerships The Human Rights Campaign Foundation states that many same-sex couples “want the right to legally marry [and] honor their relationship in the greatest way our society has to offer…”(Gay). Having homosexual marriages by law isn’t hurting anyone nor society. It is an ultimate expression of love and is a personal vow that’s really not anyone’s business. Same-sex marriage nowadays is considered a civil right, not only that but “one of the key civil rights struggles of our time”(Gay), stated (NAACP) National Association for the Advancement of Colored People. Loving or wanting to ...
First, it is unconstitutional for federal law to ban same sex marriage. In its 2003 Lawrence v. Texas case, the Supreme Court overruled previous sexuality precedents by declaring unconstitutional laws that made homosexual sodomy a crime, holding that although the Constitution says nothing about sex or marriage, there is nonetheless a right to consensual sexual activity between adults that government cannot regulate. This was over the vigorous dissent of conservative justices, who said that the Constitution commits such questions of marriage and morality to the states and the democratic process, and that therefore federal courts have no power to impose their own moral judgments. Despite this realization, homosexual couples have been restricted for decades. The “Defense of Marriage Act” was signed into effect in 1996. This act “amends the Federal judicial code to provide that no state, territory, or possession of the United States or Indian tribe shall be required to give effect to any marriage between persons of the same sex under the laws of any other such jurisdiction or to any right or claim arising from such relationship.” This act also sets into play a federal definition of “marriage” and “spouse”; marriage being defined as “only a legal union between one man and one woman as husband and wife” and spouse being defined as “only a person of the opposite sex who is a husband or wife”.