Gay Marriage Legalization: The Never-ending Battle

Imagine being detained from loving who you want to love. How would you feel if you had people constantly judging you because you prefer being partners with the same-sex? Gay marriage has been frowned upon by many countries. Some say that it violates religious rules and that it corrupts society. However, the 14th amendment is being violated with every gay marriage being denied. Discrimination and exclusion is being demonstrated when same-sex couples are treated differently, and the freedom to marry is a family value.

An individual’s sexual preference should have no bearing on his or her rights.

Gay marriage is marriage between two people of the same biological sex/gender identity. Today, there are twenty-seven countries that allow same sex marriage. Some of these countries include Argentina, Belgium, Canada, Denmark, Iceland, Netherlands, Norway, Portugal and Spain. According to “The Long History of Gay Marriage” by Jesse Walker, in 1992, long before anyone in any state recognized gay marriage as a legal right, Suzanne Sherman stated that she could “fill a big chunk of the book” by interviewing gay men and women who were married and the people who blessed their unions.

This helped highlight how these couples felt after getting married and what their thoughts on legalizing gay marriage were. To continue, according to “Revisiting 1969 and the Start of Gay Liberation” by Sewell Chan, Jason Baumann carried the exhibition of National Gay and Lesbian Chamber of Commerce. He said, “Gays and lesbians began to organize during the 1950’s with the homophile movement, but were hampered by the lack of a political language with which to express their experience, as they were neither a class nor an ethnicity but, instead, were considered victims of a moral and medical defect.

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” Gays were classified as mentally ill back then. Today, some people care and want to make a change because they realize that gays are people too. Gay marriage is the same as “traditional marriage”, except the partners are of the same-sex. Love is love and it is blind, so people cannot control who they end up falling for.

The 14th amendment states that every citizen is equal and have the same rights. According to “Gay Marriage, Public Opinion and the 14th Amendment” by Jennifer Rubin, the amendment states, “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state where in they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of the citizens of the United States; nor shall any state deprive any person of life, liberty or property, without due process of law.” This amendment supports the idea of everyone, including gays, having the same privileges as other citizens, no matter who they are. All citizens (naturalized or born) of the United States have equal rights and are entitled to the same rights. Since everyone is entitled to the same privileges that means that gay marriage should be allowed. To further explain, everyone has the right to get married so a person’s sexual preference should be no excuse to prevent them from uniting with the person that they choose to marry. In addition, federalism supports that each individual is protected with liberty. As said by Justice Anthony Kennedy in a Unanimous Supreme Court in 2011 case of U.S. vs. Bond, “By denying anyone government complete jurisdiction over all the concerns of public life, federalism protects liberty of the individual from arbitrary power.” If someone is denied something that everyone else is granted, there isn’t any real liberation. In the article “Gay Marriage and States’ Rights: A Reason.com Debate” by Ilya Shapiro and Jonathan Adler, the authors stated that feudalism promises, “No state shall… deny to any person within its jurisdiction the equal protection of laws.” Same-sex marriage should not be frowned upon because all citizens are entitled to the same rights, including the rights stated in the 14th amendment and those given by feudalism. The remaining countries who haven’t legalized gay marriage are participating in discrimination and are excluding people who just want to build a family.

Denying gay men and women the right to unite as one is unfair and is discriminating. Some people define marriage as a union of a man and a woman committing themselves to each other legally. According to “Ending Discrimination Against Same-Sex Couples: Marriage and Relationship Recognition in Federal Law” by People For the American Way, the Defense of Marriage Law (DOMA) defined marriage under the federal law as, “Only a legal union between one man and one woman as husband and wife.” DOMA is stating that marriage is only between a man and woman and that the federal law is only supposed to support that kind of marriage. DOMA targeted gays and lesbians by solely supporting opposite-sex marriage. They insisted that same-sex marriage should be denied, along with the federal benefits and protections that marriage comes with. The article by People For the American Way stated that DOMA is unconstitutional and violated the equal protection guarantee of the 5th amendment because they withhold the over 1,300 benefits/ protections of marriage. DOMA, along with many others, do not accept that marriage is something that helps bring families together and everyone should be given the opportunity to decide whether they’d want to unite or not.

Marriage is a sacred family value. Unfortunately, people do not come to realize how important it is until they are one of the people who are not able to come together with a partner. Without marriage, families are put at risk financially they are more prone to having health issues and with their children will most likely be affected emotionally. As the article “Get the Facts! Because, Marriage Matters…” by Marriage Equality USA stated, marriage offers over 1,138 federal benefits. Some of these benefits are the rights to hospital visitation and medical decisions in events of serious illness, access to spouse’s health insurance, and certain automatic rights to a person’s spouse regardless of whether or not a will exists. Without marriage, their financial plans and savings can be completely wiped out in order to pay inheritance taxes when one partner passes away. In additions, their children (adopted or past relationships) may be affected because of the state of legal limbo that the partners are going through (emotionally and/or financially). Marriage is very sacred and the main point is to show that both individuals are committed to each other. There will always be financial and emotional problems but the benefits of marriage will help the couples get through it. Without marriage, couples will go through losses of money, risks of losing their significant other, and putting their children though pain.

Too many Americans believe that the representation of marriage is cultural and religious. My opponents may say that homosexuality is a sin. However, not every marriage is done under religious acts. According to “Same-Sex Marriage and Religion: An Appropriate Relationship” by Brittany Baker, many religious people use the scripture of Leuticus 18:22 to support their argument. According to Ruth Chamarro from “Faith and Morality Play Major Roles in Debate on Gay Marriage” by PBS News Hour, “We love all, just as God loves everyone, but God just doesn’t like the sins that we do. And one of the sins are—happen to be homosexuality.” However, as said in the article, “not all citizens abide by this scripture; it is therefore wrong to legislate by it when not all believe in it, nor is it the business of the state to try to persuade its citizens of a (contestable) religious truth.” Love does not depend on religion, it depends on who you truly want to spend the rest of your life with which is why gay marriage should be legalized and accepted.

Works Cited Page

  1. Famously, the state. Most, Jack Baker, and Michael McConnell. ‘The Long History of Gay Marriage – Hit & Run : Reason.com.’ Reason.com. N.p., n.d. Web. 24 November 2018. .
  2. 1960s, the, and federal service. Mattachine &. ‘Revisiting 1969 and the Start of Gay Liberation – NYTimes.com.’ Metro – City Room Blog – NYTimes.com. N.p., n.d. .
  3. Rubin, Jennifer. ‘Gay marriage, public opinion and the 14th Amendment.’ Washington Post: Breaking News, World, US, DC News & Analysis. N.p., n.d. Web. 24 November 2018. .
  4. Proponents., gay marriage. ‘Gay Marriage and States’ Rights: A Reason.com Debate – Reason.com.’ Reason.com. N.p., n.d. Web. 24 November 2018. .
  5. ‘M.V. Lee Badgett, PhD – Gay Marriage – ProCon.org.’ Gay Marriage ProCon.org. N.p., n.d. Web. .
  6. ‘Ending Discrimination against Same-Sex Couples: Marriage and Relationship Recognition in Federal Law | People For the American Way.’ PFAW | People For the American Way. N.p., n.d. Web. .

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Gay Marriage Legalization: The Never-ending Battle. (2021, Mar 18). Retrieved from http://studymoose.com/gay-marriage-legalization-the-never-ending-battle-essay

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