Constitutionality Of Same Sex Marriage (Homosexual Marriage) In The United States

2691 words - 11 pages

The proposed legalization of same-sex marriage is one of the most significant issues in contemporary American family law. Presently, it is one of the most vigorously advocated reforms discussed in law reviews, one of the most explosive political questions facing lawmakers, and one of the most provocative issues emerging before American courts. If same-sex marriage is legalized, it could be one of the most revolutionary policy decisions in the history of American family law. The potential consequences, positive or negative, for children, parents, same-sex couples, families, social structure public health, and the status of women are enormous. Given the importance of the issue, the value of comprehensive debate of the reasons for and against legalizing same-sex marriage should be obvious. Marriage is much more than merely a commitment to love one another. Aside from societal and religious conventions, marriage entails legally imposed financial responsibility and legally authorized financial benefits. Marriage provides automatic legal protections for the spouse, including medical visitation, succession of a deceased spouse's property, as well as pension and other rights. When two adults desire to 'contract' in the eyes of the law, as well a perhaps promise in the eyes of the Lord and their friends and family, to be responsible for the obligations of marriage as well as to enjoy its benefits, should the law prohibit their request merely because they are of the same gender? I intend to prove that because of Article IV of the United States Constitution, there is no reason why the federal government nor any state government should restrict marriage to a predefined heterosexual relationship.Marriage has changed throughout the years. In Western law, wives are now equal rather than subordinate partners; interracial marriage is now widely accepted, both in statute and in society; and marital failure itself, rather than the fault of one partner, may be grounds for a divorce. Societal change have been felt in marriages over the past 25 years as divorce rates have increased and have been integrated into even upper class families.Proposals to legalize same-sex marriage or to enact broad domestic partnership laws are currently being promoted by gay and lesbian activists, especially in Europe and North America. The trend in western European nations during the past decade has been to increase legal aid to homosexual relations and has included marriage benefits to some same-sex couples. For example, within the past six years, three Scandinavian countries have enacted domestic partnership laws allowing same-sex couples in which at least one partner is a citizen of the specified country therefore allowing many benefits that heterosexual marriages are given. In the Netherlands, the Parliament is considering domestic partnership status for same-sex couples, all major political parties favor recognizing same-sex relations, and more than a dozen towns have already done...

Find Another Essay On Constitutionality of Same Sex Marriage (Homosexual Marriage) in the United States

Legalization of Same Sex Marriage in America

1432 words - 6 pages housing etc... are basic resources for a healthy marriage regardless of same-sex or opposite sex couples (Dinno & Whitney, 2013). Currently in the United States (U.S.) 17 states plus the District of Columbia allow same-sex couples to marry, with four others allowing domestic partnerships or civil unions (Same sex marriage map, 2014). The states these same-sex couples are married in, are typically, the only state where their marriage rights are

In Favor of Same Sex Marriage

1094 words - 4 pages gay marriage once again. Even though it is not legalized in the United States, Belgium, Canada, the Netherlands, Norway, South Africa, Spain and Nepal (who’s Supreme Court legalized it in November 2008) have legalized same-sex marriage (Haider-Markel). Being denied the freedom to marry, Same-sex couples are deprived of many benefits that other legally married couples can have. They are also deprived of the emotional, social and spiritual meaning

In Pro of Same-Sex Marriage

1283 words - 6 pages one man and one woman. Some of these court cases have shown that the Defense of Marriage Act has violated in the constitution on several areas. The current president, Barrack Obama, stated in May 2012 “It is important for me to go ahead and affirm that I think same-sex couples should be able to get married” (Swaine, “Barrack Obama Endorses Gay Marriage”). This makes him the first President of the United States to openly support gay marriage. In

Overivew of the Same Sex Marriage Debate

2105 words - 8 pages . On a daily basis people of the same-sex marriage would have to deal with the biased views, mimics and smirks, and bullying. It is hard enough to emit one is homosexual, but surviving in public as a marriage is a lot more difficult. Since same-sex marriage is nationally frowned upon, many people will tend to tease and discriminate against the couple relatively harsh and in an angered fashion. The constant stress on the homosexual couple will

The Legalization of Same-Sex Marriage

1614 words - 6 pages fact that people are seeing that the royals of Spain are also homosexuals I think creates a new tension and maybe a sign of hope for acceptance from the people who opposed the new law. The issue of same sex marriage is taking hold in the world around us and many people are beginning to accept that everyone deserves equality. Spain became the third country to legalize this act and I believe that eventually every state in the United States of

The Possibility of Allowing Same Sex Marriage in the Philippines

778 words - 4 pages to death. Their blood shall be upon them. It only shows that Bible condemns homosexuality as an immoral and unnatural sin. In addition, the bible also says that in the first Corinthians 6:9 states that homosexuals are unrighteous and will not inherit the kingdom of God, thus both homosexual desires and actions are condemned in the Bible, that is why it is clear that same sex marriage is not God’s will, and if this issue will become legalized

Same-Sex Marriage in Canada

1561 words - 6 pages Canada in 2003-JUL, which would redefine marriage to include same-sex couples. The Court is expected to rule on the constitutionality of the proposed laws in 2004" ( Canada government's comprehensive stance towards same-sex marriage reveals that it is a libertarian and democratic nation. Everybody is equal with the right to live the way that makes us feel happy.Looking back, interracial marriage

Believer in Same-Sex Marriage

673 words - 3 pages unconstitutional discrimination. Same-sex couples should be allowed to publicly celebrate their commitment in the same way heterosexual couples do. What better way to do so than to be legally wed. Although, some might suggest that the institution of marriage has been traditionally defined between a man and a woman, I beg to differ. The times have changed and we have evolved from “having a home on a prairie.” A total of seventeen US states (CA, CT, DE, HI

Same Sex Marriage in America

1341 words - 5 pages stated his opinion. He has of the opinion that same-sex marriage constitutes as sin. This belief has become a crucial argument in the social debate in today’s society. It also has become one of the “sides” of the supposed black and white argument. This argument boils it down to two options: legal or illegal. Sin, in a biblical sense, means anything that goes against God’s law. People of this opinion will tend to say that the lifestyle of a homosexual

Should Same-Sex Marriage Be Legalized in All States?

1881 words - 8 pages not only denied their civil rights, but also their legal and economic benefits. No state should prohibit a person to show their love to another person because of gender because; it does not uphold the fundamental principles of the constitution. In the United States, over 17 states have legalized same sex marriage. In addition, around 16 countries have been able to legalize gay marriages too. This was an incredible breakthrough since same sex

Legalization of Same-Sex Marriage

1376 words - 6 pages to marry, no matter what his/her gender is. The society is processing, people’s concepts, like the definition of marriage, should follow the progress as well. Next, if same-sex marriage is legalized, some people would concern about children’s problems. Statistics Canada shows that in 2006, 41.4% of married couples had children, which means a large part of couples didn’t have children ( Lee (2012) from CBC

Similar Essays

Same Sex Marriage, Acceptance In The United States

2040 words - 8 pages believe is "normal" by their traditions and religious beliefs. Many people believe that same-sex marriage is not "normal." The simple fact is that banning same-sex marriage is discrimination. Marriage is the basic human right that should not be denied to anyone. Marriage among minorities has come a long way in becoming accepted as "normal" in the eyes of society. Interracial marriage was prohibited, and unacceptable in the United States, until the

Same Sex Marriage Controversy In The United States

3707 words - 15 pages governments usually act in ways to promote this very vital element. At the same time, it is highly questionable whether this governmental authority should have any voice in who chooses to marry, provided those involved are adults and wish to do so. This is in fact, at the heart of the same-sex marriage controversy still gripping the United States. Gay men and women, eager to gain the legal benefits and cultural recognition of legal marriage

Inadequate Same Sex Marriage Laws In The United States

944 words - 4 pages Inadequate Same Sex Marriage Laws in the United States The institution of marriage has been around for many years. Times have changed and society has grown as a whole. The United States has laws that prohibit same-sex marriages or do not grant them the same privileges as "traditional" marriages. You will see how behind this great nation has remained. As many countries around the world explore less traditional ways of life, the United

Should Marriage For Same Sex Couples Be Legal In United States?

1201 words - 5 pages polyamory. Marriage will be transformed into a variety of relationship contracts, linking two, three, or more individuals weakly and temporarily in every conceivable combination of male and female (Weekly Standard). A proponent argument people can use against legalizing same-sex marriage is procreation of children. Since the procreative aspect of marriage is something that is publically significant and certifiable in all the states in United States, and