Why Gay Marriage Is Constitutional Essay

2721 words - 11 pages

Traditional wedding vows state, “I, (name), take you (name), to be my (wife/husband), to have and to hold from this day forward, for better or for worse, for richer, for poorer, in sickness and in health, to love and to cherish; from this day forward until death do us part”(Callaway). Marriage is defined as two people bond together legally under the protection of laws. Couples are able to express and establish their life long relationships officially, publicly, and permanently. Due to the fact that homosexual relationships are increasingly more accepted by the public, gay marriage has become one of the most controversial topics throughout the US. The fundamental human right of marriage should not be limited to a man and a woman; homosexual couples should also be included and protected under the law. Even though the right is not explicitly written in the Constitution, the Ninth Amendment demonstrates the rights that are not enumerated or listed in the Constitution are still retained by the people. The right to gay marriage is explicitly established in precedents from the Lawrence v. Texas and Loving v. Virginia cases. A legal precedent is a verdict of a pervious court case that is deliberated by a higher court that must be followed by a lower court within the justice system. It serves a purpose of a reference or authority for judges to interpret a new upcoming conflict in relation to law. The right to gay marriage is one of the fundamental civil rights that is implicitly written under the US Constitution, which demonstrate the assess to individual privacy and equal protection for all.
Since the ancient time (except in Greece), homosexual intimacy has been seemed as a sin by various religions. In 1778, the congress officially passed a bill that classified the intimate acts between two same sex people were unlawful. In 1996, the US congress passed the "Defense of Marriage Act” that refused to recognize the right to same-sex marriage and kept marriage only between a man and a woman. 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...

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