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Argues In Favor Of The Right To Marry For Same Sex Couples Or Homosexuals Based On The Fourteenth Amendment And Precedents Set In Past Supreme Court Cases.

3941 words - 16 pages

One of many heated controversies today is whether or not marriage licenses should be issued to couples of the same sex. Supporters and homosexuals point to the Equal Protection clause of the fourteenth amendment to strengthen their stance. The clause reads: "No state shall make or enforce any law which shall... nor deny to any person within its jurisdiction the equal protection of the laws." The equal protection clause guarantees equal treatment under the law regardless of race, sexual orientation, gender, etc. If sexual orientation is not a matter of choice--a male who feels attracted to other males have as little say in their emotions as those who are born with black skin--is it unconstitutional that homosexuals be denied their rights to marriage? Many people argue that the right to marry whomever one wishes is protected under the equal protection clause of the fourteenth amendment.How far does the equal protection clause extend? Gay marriage opponents argue that the equal protection clause do not extend to the limit that would allow marriages between homosexuals to exist. Equal protection, they argue, do not mean equal protection for everyone. When considering who is being protected, one must consider the common good of the public. For example, to ensure public safety, 14 year olds are denied their right to drive cars but 18 year olds are not because the safety of the public good overweighs the right of the 14 year olds. Poor single parents receive government financial aid while millionaires are denied this right. The Equal Protection Clause does not guarantee equal treatment of all persons.In this same concept, same sex marriages should not be allowed because doing so would jeopardize the common good of the public. Gay marriage opponents point out that allowing gay marriages would chain react into many public riots, attacks, and give rise to uproar and a disorderly public.Reloading their ammunitions, gay marriage opponents fire that authors of the equal protection clause had no intention to include same sex marriages protection under the equal protection clause. The intention they had in mind was to yield the confederate states from passing laws that suppressed blacks into lifestyles similar to those that they led as slaves prior to the Civil War.Shortly after the victory of the Union in the American Civil War, confederate states passed a series of laws called Black Codes which severely restricted the power of blacks. Among these restrictions, blacks were restricted from holding property and were subject to stricter penalties than whites. Enactment of the fourteenth amendment effectively put an end to the unfair treatments imposed on blacks. The first significant attempt to stop the Black Codes was the Civil Rights Act of 1866 which declared that "citizens of every race and color... [have] full and equal benefit of all laws and proceedings for the security of person and property, as is enjoyed by white citizens." The southern states were...

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