Not Protecting the Right of Homosexual Marriage Endangers the Rights of Others
Civil marriage is enjoyed by all people in society; all people that is, excluding the ones that find love in the form of their own gender. These people are being denied the basic right of engaging in legally bound matrimony. Laws, such as this one, have been created time and time again, mostly by ignorant bigots, only to be dissolved when finally seen as immoral and unjust in the eyes of someone without hatred in their heart. It should be considered a crime in itself to deny access to an institution that has no one true concrete definition; but instead much diversity, which America has depended on and built from for over a 1000 years. There are at least
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And while this is the most applied law, it stands still unclear. The bible calls homosexuality an "abolishment", but also says, "Let us therefore no longer pass judgment on one another, but resolve…nothing is unclean in itself; but unclean for anyone who thinks it unclean" (Romans 14:13-13). Also, when Americans were told that they would have freedom of religion, does not that sanctify freedom from religion as well? People wanting to engage in same sex marriage are not asking for all religions to accept their vows. They ask merely for tolerance and the ability to recite them so that they mean something, legally. They ask for simple civil equality in the "pursuit of happiness" (Jefferson 200) among themselves, the United States citizens.
A dispute that frequently appears in court over same-sex marriage is the question of what marriage is in it's self. Marriages exist in many forms that cannot fit into a universal mold. There are relationships consisting of one man and numerous women called polygamy. Relationships with one woman and many men called "polyandry"(Halsall 1). Some are age dissonant with a full-grown man marrying a woman when she is around thirteen years old and some are closer in age but the two have
Marriage is a fundamental right that everyone has, and it is protected by our government, who gives minority groups rights in order to protect themselves against complete control.
The Constitution of the United States does not define what marriage is, thus supporters of this act believe that each state should have the choice whether to recognize marriage between same-sex couples. Furthermore, in the tenth amendment it states, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved
The United States of America was founded as a secular sanctuary for ideals like freedom, equality, and tolerance – few will argue against that. Over its history American culture has radically evolved as it strived to meet the ideals its nation was based upon, making changes like ending slavery and providing legal equality for women and minorities, changes that at the time seemed absurd but today are unquestionable merits that define what an “American” is. The quest to reach the ultimate utopian society continues today as true Americans fight the evils of ignorance, stubborn bigotry and the fear to change that still manifest themselves in a large portion of U.S. citizens, preventing this nation from moving forward. One of the outstanding minorities still left to be granted the ideals of freedom, equality, and tolerance are homosexuals trying to obtain the right to marry the person they want to spend the rest of their life with, regardless of gender. Same-sex marriages should be recognized in the eyes of the U.S. government in accordance with its responsibility to provide all American citizens equal freedoms.
The United States Constitution protects certain liberties in the Bill of Rights and rights deemed “fundamental” that are “traditionally protected by our society.” (Michael H. v. Gerald D.). The liberty at issue in this case is the right to marry, which has been deemed fundamental by this Court in Loving v. Virginia, where we stated that “[t]he freedom to marry has long been recognized as one of the vital personal rights essential to the orderly pursuit of happiness by free men.” (Loving v. Virginia). The petitioners in the case at bar seek that liberty by marrying someone of the same sex and having their marriages be equal to traditional, opposite-sex couples.
vi. Polygamy: heterosexual marriage when individual of one sex marries several people of other sex
Neoliberalism began in the 1970’s and 1980’s after advocates supported the economic liberalization policies such as the rule of the market, cutting public expenditure for social services, deregulation, privatization, and eliminating the concept of the public good. Neoliberalism has had a significant affect on social work practice over the decades. There are strategies social workers as well as individuals can use to challenge neoliberalism.
According to DOMA, “In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the word 'marriage' means only a legal union between one man and one woman as husband and wife, and the word 'spouse' refers only to a person of the opposite sex who is a husband or a wife” (sec 3). Until recently 2013, the US Supreme Court finally delivered the verdict that declared section 3 of the DOMA, which is the rejection of right to gay marriage is unconstitutional (Shapiro 208). In “Gay Marriage Is A Fundamental Right” by Nathan Goetting, “The right to many, and to marry the person of one's choice, is a fundamental right and a necessary aspect of human happiness. This has been an explicitly stated abiding principle since the Court used its power of judicial review to strike down as unconstitutional a legislature's definition of marriage in 1967.” Currently, 17 states in the United States have legalized the right to same sex marriage. The realization of DOMA is unconstitutional has further evidenced that gay marriage is one of the civil right that should not be taken away by the government, and it is an inevitable changes that open doors for equality and equity.
Despite the historical aspects of gay marriage, all across the United States many hetero sexual and homosexual communities have spoken up about their natural rights, freedom of religion.
Same-sex marriage is protected by the Constitution. In 1974, The US Supreme Court ruled that: “freedom of personal choice in matters of marriage and family life is one of the liberties protected by the Due Process Clause.”
The definition of marriage has changed over time. At the beginning of the nineteenth century, the United States defined marriage as a union between a consenting man and woman, of non-African decent (Stahlberg, 2008, p. 443). This, however, changed after the civil war. In 1868 two consenting adults of opposite gender could marry someone of the same race, but this was also restructured in 1967 to allow marriage of all consenting adults of opposite genders regardless of race (Stahlberg, 2008, p. 443). Today, the law looks very different. Recently, on June 26, 2015, the Supreme Court ruled that same-sex couples have the right to marriage (gay marriage, 2015).
The bill of rights guarantee religious freedom for everyone, so according to the law, denying same-sex marriage is a violation of religious freedom. According to Joe Messerli all major religions consider homosexuality to be a sin; however, the First Amendment of the Constitution clearly states that a person’s religious views or lack thereof must be protected. Therefore denying these marriages is a form of minority discrimination. That is the main reason of the Bill of Rights, so minorities can declare their rights and therefore perform them freely as the majorities.
Is it okay to not believe in gay marriage, yet at the same time support the constitutional rights of life, liberty and pursuit of happiness for homosexual couples? Even though most churches' beliefs conflict with marrying same-sex partners, government should not deny a person's right to their happiness; because any person, no matter race, color, sex, religion or sexual orientation, should be allowed to exercise their constitutional rights as Americans to pursue their happiness; and married gay couples should be able to have a spectrum of rights and benefits if their gay partnership is legalized.
For years and years, homosexuals have fought for the right to marry their loved one. It has been looked down upon, called immoral, sinful, and deeds of the devil, but that is not the way it is seen by those who support or engage in it. Supporters view marriage as the union of two individuals who love each other. They no longer see it as the concept of "traditional marriage". They believe traditional marriage has changed over time, and that the definition of marriage as being between one man and one woman is historically inaccurate (should
Same sex marriage has been widely looked down upon for ages. People say, “It’s not the traditional constitutional marriage”, or “Children need a mother and a father”. It honestly doesn’t matter. If two people love each other, they should be allowed to marry. It’s just as simple as that. What other reason do you need? If two complete strangers of the same sex want to be together for the rest of their lives, we should let them.First, denying some people to marry is discriminatory. Judge Sarah Zabel of Miami-Dade Circuit Court ruled the gay marriage ban of Florida unconstitutional. She stated that it, “serves only to hurt, to discriminate, to deprive same-sex couples and their families of equal dignity, to label and treat them as 2nd class citizens, and to deem them unworthy of participation in one of the fundamental institutions of our society.” In other words, you’re looking down upon same sex couples that want to get married as if they’re lower than you; that they don’t deserve the same rights as us. Same sex couples would be able to enjoy the same benefits as heterosexual couples if they were able to be married.Furthermore, the General Accounting Office made an assessment in 2004 about the benefits that heterosexual married couples have that same sex couples could not. Some of these benefits include hospital visitation during an illness and the option of filing a joint tax return to reduce a tax burden. Imagine not being able to see your significant other in the hospital
The main reason for denying marriage to gay couples is that all major religions consider homosexuality a sin, however, the First Amendment of the Constitution clearly states that a person's religious views or lack thereof must be protected. Marriage by the state is a secular activity, the government cannot start making laws just because a religion says they should. What's next, should we make taking the Lord's name in vain a criminal activity because Christians consider it a breaking of a commandment? No! There are at