Gay Marriage Is A Human Rights Issue

1317 words - 5 pages

The divorce rate among homosexual couples is nearly half the divorce rate of heterosexual couples, in states where homosexual marriage is already legal. This statistic makes it evident that homosexual marriage is as successful as heterosexual marriage. However, out of 49 states with laws regarding gay marriage, only 13 legally recognize the union of two same sex people. Some of the reasoning for this is because some people believe that homosexuality is against their religion and thus, homosexual couples should not have equal rights. In a constitutional society such as ours where all people are meant to be treated equally, homosexual couples need to be granted the same rights as heterosexual couples.
Equality, under the law, is guaranteed to all citizens under the equal protection clause of the Fourteenth Amendment, and due to this there is not legal justification for the banning of same-sex marriages. The Fourteenth Amendment has 2 main clauses, the Equal Protection Clause and the Due Process Clause. The Amendment reads as follows, "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." This Amendment guarantees that equality is maintained throughout the country and that no rights can be taken away from one person or group because of race, gender, sexuality, etc. “The Fourteenth Amendment requires that the freedom of choice to marry not be restricted” (qtd. in Urdan). The Supreme court has previously ruled in Loving v Virginia that denying marriage on the basis or race is unconstitutional because it violates the Equal Protection Clause of the Fourteenth Amendment. The same principle used to strike down the ban on interracial marriage in this case could also be applied to the current discrimination against homosexual couples all over the country.
The love, support, and values of homosexual couples are no different than those of heterosexual couples. There is no difference in the love felt between two people of the same sex and two people of opposite sex. Love is love, there is no denying this simple yet effective phrase commonly used by supporters of gay marriage.
“Some gay people, like some heterosexuals, regard recreational sexual activity between consenting adults as morally acceptable. Others embrace a very elevated moral interpretation of sexual ethics and find a minimalist sexual ethics of consenting adults to be morally unacceptable. Some gay people believe that sex has a deep human meaning that is achieved only in lifelong and exclusive interpersonal commitment” (Pope).
Sexual acts are considered to be a physical representation of love in our society and are traditionally reserved for partners who have committed to each other for the duration of their lives. This same belief is held by many...

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