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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.
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U.S. Const. am. 9.
U.S. Const. am. 14.
Abstract On June 26, 2015 a divided Supreme Court ruled in the landmark case Obergefell v. Hodges that same-sex couples could now marry nationwide. At the time of the split ruling there were 9 supreme court justices, 5 of the justices were Republicans, and the remaining 4 were Democrats. In high profile cases it is except that the justices will vote along party lines. When the 5-4 ruling was reveled by the following statement. “It would misunderstand these men and women to say they disrespect the idea of marriage. Their plea is that they do respect it, respect it so deeply that they seek to find its fulfillment for themselves. Their hope is not to be condemned to live in loneliness, excluded from one of civilization’s oldest institutions. They ask for equal dignity in the eyes of the law. The Constitution grants them that right (Corn,2015).” written by
Wolf, Richard. “Timeline: Same-Sex marriage through the years.” USA Today, Gannett Satellite Information Network, 26 June 2015,
Meezan, William and Jonathan Rauch. "Gay Marriage, Same-Sex Parenting,and America's Children." Marriage and Child Wellbeing 15 (2005): 2.
Perrin, Ellen C., and Benjamin S. Siegel. "Promoting the Well-Being of Children Whose Parents Are Gay or Lesbian." Pediatrics 131.4 (2013): 1374-383. PDF file.
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.
A debate is raging in America about who people have a right to marry. In response to lesbians and gays asking for the right to marry, many legislators are writing laws to ban same-sex marriage in their respective states. Even President Bush supports a Constitutional amendment that would ban same-sex marriage (prez.bush.marriage/). Opponents of such legislation do not want discrimination passed into law and are protesting at every opportunity. One must understand the reasons that people want to ban same-sex marriage before he or she can effectively argue about the subject. Many advocates of same-sex marriage bans say that allowing gays and lesbians to marry would degrade the institution of marriage because marriage is only supposed to exist between a man and woman. In addition, allowing same-sex marriage would cause problems for society (Issues and Controversies on File). One theory why opponents may fight against same-sex marriages is that heterosexual marriages have long reinforced traditional gender roles within marriage and that allowing same-sex marriages would cause males to lose their authority to subordinate females as heterosexual couples begin to model same-sex marriage gender equality (Calhoun 157).
Brotherson, Sean E., and William C. Duncan. "Rebinding the Ties That Bind: Government Efforts to Preserve and Promote Marriage." Family Relations 53.5 (2004): 459-68. Print.
Brownson, James V. Bible, Gender, Sexuality: Reforming the Church’s Debate on Same-Sex Relationships. NY: Wm. B. Eerdmans Publishing Company, 2013. Print.
Patterson, C. J. (1992). Children of lesbian and gay parents. Society for Research in Child Development, 63(5), 1025-1042. doi: 10.1111/1467-8624.ep9301201145
Stoddard, Thomas. “Gay Marriage: Make Them Legal”. Current Issues and Enduring Questions. Pages 31 – 52. Bedford Books. Boston. 1996
Berall, F. S. Estate Planning, (Dec 2010) Update on Evolving Legal Status of Same-Sex Marriages, 37.12: (Pages 21-30)
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 ...
Stark, Caitlin. “By the Numbers: Same-sex marriage”. CNNlibrary. 12 May 2012. Web. 24 April 2014.
Volokh, Eugene. Same-Sex Marriage and Slippery Slopes. Vol. 1. UCLA School of Law. Google Scholar. Web. 23 Apr. 2012.
Wolfson, Evan. (1999). Winning and Keeping the Freedom to Marry for Same-Sex Couples. Partners Task Force for Gay and Lesbian Couples. 26 paragraphs. Available: http://www.eskimo.com/~demian/wolfson1.html. [2000, May 22].