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Gay Marriages: Should It Be Legal?

2664 words - 11 pages

Marriage has come a long way since it was first adopted in America. Marriage was first used for property protection, financial and political gain. Now however, people are more about being in love and devoted to a significant other. In past American history, with our laws; it had been illegal for a same sex marriage. Gay marriages should be legalized in the United States, because everyone deserves happiness.Homosexuality has always been a factor in society throughout the world since humanity first developed. Before the forth century, gay activity and marriages was found to be acceptable in society, until the downfall of the Roman Empire. A law was passed prohibiting same-sex marriage and if a man was found to be gay he was burned at the stake. Same-sex marriage has been banned in most states since 1661 (Cabaj 8). In the early 1900s legal challenges and attempts to fight discrimination against homosexuals were first brought to attention. Since the early 1900s, acceptance and awareness of the gay community has come a long way. Homophobia is the main reason why same-sex marriages have been such a struggle. In 1993, Hawaii's Supreme Court ruled that a gay marriage license could not be denied to anyone. Every gay or lesbian has to realize that they have different sexual orientation, and that they will eventually confront anti-gay people who well most likely have a response that the gay will have to cope with in America. Being gay in America means you are different to the social norm. A person that is gay may also exclude themselves from society because they are not like the others. Social norms have enabled homosexuals to be treated like an equal, with equal respect to rights, protections, and legal support (Cabaj 9).There have been many attempts for people to get a marriage license, but have been denied because they were gay. Loving v. Virginia was case when the Supreme Court's decision was declared as "The freedom to marry as long been recognized as one of the vital personal rights essential to the orderly pursuit of happiness by free men." Gays looked as this as a promise to be able to enjoy their personal rights (Lahey 16). The Loving decision gave hope to the gay community in guarantees to equality. Two early attempt cases that really started off the same-sex marriage were the trials of Baker v. Nelson and Singer v. Hara (Cabaj 131). The argument in the Baker case was based on constitutional guarantees of due process and Singer was based on equal process. Due process was the state's denial of a marriage license by diminishing the freedom of a person to marry whom they want with the limits of basic material requirements (Cabaj 132). When the Baker case was taken to the Superior Court it was expected that the judge would dismiss the case, but the argument was made that by the definition of marriage was that it was a heterosexual union (Moats 116). Both cases used equal process because people were being denied marriage, when under the Fourteenth...

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