The Constitution of the United States of America is essentially the law of the land. It sets the stage and creates the foundation and source of the legal authority for the United States of America including the federal, state & local governments. When the authors of the Constitution wrote the constitution they were aware that changes would be made over time in order to keep up with the ever changing society. As time progressed many laws and regulations that the government and state have upheld have been proven un-constitional and in violation of one’s rights. Many issues go before the Supreme Court that determines the laws that regulate life in the United States. The 14th Amendment states “All persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws “(Domino). Furthermore, the Equal Protection Clause which marked a huge shift in the Constitution for equal protection for all from the federal government. Marriage is included as an equal protection and right. Prior cases have decided that the government does not have the legal right to decide who a person should marry, but when looking at the sex of that person the government has stepped in and taken a strong stance against same-sex marriages. Thus proposing very controversial issues in today’s society. By not allowing same-sex marriages is the government stripping ones right to marry under the Equal Protection and Due Clause of the Fourteenth Amendment? Marriage is a union based on love and respect that two people share for one another. With the signing of the constitution origionally the federal government did not attempt to establish its own definition of marriage; any marriage they simply decided that any marriage recognized by a state was recognized by the federal government. With the passage of the Defense of Marriage Act in 1996, marriage was clearly defined by law as a union of one man and one woman. The law states that no state needs to treat a relationship between persons of the same sex as a marriage, even if the relationship is considered a marriage in another state. The act also included that The Federal Government may not treat same-sex relationships as marriages for any purpose, even if concluded or recognized by one of the states. Since the defense Marriage Act was passed no agency of the federal government recognized same-sex marriage. Marriage has a long history in the religious and legal realm in The United States. Article 16 of the Universal Declaration of Human Rights declares that "Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution. Marriage shall be entered into only with the free and full consent of the intending spouses. The family is the natural and fundamental group unit of society and is entitled to protection by society and the State” (Lawson 1152) Marriage is an important aspect of life and has become the social fabric of the people of our nation. Over time the benefits of marriage in our society have become apparent. Marriage started as a religious right, but has so many benefits that are recognized by the secular world, and as a result has become subject to government definition and regulation. In the religious world, marriage is almost exclusively the committed union between a single man and a single woman. Generally, the union is blessed or consecrated by a representative of the religion generally in a wedding ceremony.
The fight for ones equal rights in terms of marriage…
Same-Sex Marriage: The Problems with DOMA and the Pursuit for Equality
Believe it or not, same-sex marriage has been around since ancient times. At least two Roman Emperors, Nero and Elagabalus, were in gay unions. It wasn’t until the advent of Christianity that the practice of same sex marriage was out-lawed by the emperors Constantius II and Constans in 342 AD and has continued to be through-out most of the world until the twenty-first century (Boswell 83). With the advent of gay rights…
Should the Supreme Court revoke California’s prop 8? This is the ongoing debate our generation will have to address. California has been in the epicenters of this debate; as we witnessed voters oppose gay marriage in the elections of 2008. In 2008, California’s Supreme Court ruled in favor of a right to same-sex marriage. Months after the ruling, a majority of the electorate overturned that decision in a statewide ballot initiative. In Justice, Sandel…
10 April 2013
Same Sex Marriage Debate
Same-sex marriage (also known as gay marriage) is marriage between two persons of the same
biological sex and/or gender identity. Legal recognition of same-sex marriage is sometimes referred to as marriage
equality or equal marriage, particularly by supporters. The argument that gay marriage raises divorce rates is not
panning out. In fact, research from the newest census, along with studies from the…
Baker College of Allen Park
Essay #1 Position Essay
When someone says “marriage” most individuals spontaneously assume it is between a man and a woman, would you agree? While most of the general public contemplates what an ideal “marriage” consists of. A man and a woman proclaiming vows and dedicating their lives to one other is what most create into most their minds. Well, this is only partially accurate in most…
2 May 2014
Same- Sex Marriage
Ever since the fabulous hippie movement in the 1960’s people were left discovering themselves in new ways. It became acceptable for a man and a man to be in love, along with a woman and a woman and even a man to be a woman and vice versa. But not everyone found this as an “acceptable way of life”. Ever since people began to become more open about their sexual orientation they began fighting for their rights.…
Same-Sex Marriage: Fairness versus Immorality
July 23, 2012
Same-Sex Marriage: Fairness versus Immorality
The debate on whether to allow same-sex marriage along with recognizing the union of two individuals on par with traditional marriage is one which will continue. This is not only a debate about equal rights, but for the majority of the arguments, it’s about if it is morally correct to allow two people of the same sex to marry…
other it should not matter if they are two men or two women, love is love and should be recognized as love. Marriage is not the same as it used to be and it is both legitimate and necessary, in lieu of the changes in mankind, to examine if marriage, which existed unchanged for thousands of years, means the same thing these days. I firmly believe Homosexuals should be able to marry.
Denying same-sex couples the right to marry stigmatizes gay and lesbian families as inferior and sends the message that…
Should Same Sex Marriage be Legal?
PHI 103: Informal Logic
Professor Steven Matthews
August 19, 2013
Should Same Sex Marriage Be Legal?
Over the past decade, the acceptance of homosexuality has grown, causing many differences in the society and government. Prohibiting the acknowledgement of a union between same sex couples affect not only their happiness, but also benefits that include insurance, social security, etc. Even though I consider myself…
change in our world. The change I’m talking about is seeing same sex couples everywhere. A lot of people have been hiding the fact that they feel for the same sex and now they are opening up more and more. But what are some of the problems same sex couples had to face not only in the past but the present also. Do same sex couples have the same rights as heterosexual couples? What if anything is different? What are some facts about same sex couples that you may of not known before? And I’m also going…
Same-Sex Marriage in Texas
As the years go by, many states from the United States of America are legalizing same-sex marriage. Texas is back in the dust by still not allowing same-sex couples the ability to get married. I cannot think of many reasons as to why marriage is not open for every kind of two people who love each other, should be illegal. The representatives of Texas are stubborn with their old fashioned ways; therefore, sadly same-sex marriage will not be legal in any time soon in…