Same-Sex and the Constitution

In 2003 a proposal to amend the constitution to prohibit gay marriages was discussed. Until recently deciding the states were responsible for their own family law and policy. Many states still go by their own standards for what is considered a family.

There are some states that adhere to the amendment ruling about same sex marriage. There are public employees that have refused to marry gay couples because it goes against their religious beliefs. I cannot see is how opening up civil marriage to committed lesbian and gay couples undermines the institution of what is considered a family. Many Americans are in committed, same-sex relationships. More than 250, 000 children are being raised in lesbian and gay households throughout our country. Thousands of lesbian and gay partners living in New York, Massachusetts, Iowa, Connecticut, the District of Columbia, New Hampshire and Vermont have validated their unions through civil marriages authorized in those jurisdictions (Marital Strife). Marriage should be about love and family and not focused on the correct gender to be considered legal.

The first legislation to be argued in court for equal rights for gay couples was against Proposition 8 in California.

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In 2013 Hollingsworth v. Perry involved challenges of the constitutionality of Proposition 8 (Hess et al.2018). This case was about to same sex couples that wanted to be legally married like any other union. The court ruled the petitioners had no legal standing. The current standing law of only heterosexual couples were only considered a legal marriage in the eyes of the law. In June of 2013 the United States v.

Windsor the defense of the DOMA Act was voted unconstitutional in a 5-4 decision (Hess et al.2018). This law stated that marriage was between a woman and a man. Same sex couples want to have a legal marriage like everyone else. The constitutional right of privacy requires states to sanction and recognize same-sex marriages (Yale Law Journal 1994). There is nothing specific in the constitution about the gender of a legal union.

The divorce rate is higher among straight couples in the United States. There are same-sex couples that are raising kids and working like any straight couple. Some people believe that legalizing gay marriage will breakdown society. Legalizing gay marriage would be a recognition of our American principles of the constitution and would represent our nation's commitment for equal rights (Olsen, 2010). The state of Vermont has a civil union statute that gives gay couples the same rights as heterosexual couples without technically being married (Cahn, 2005). Even though same-sex marriage is now legal in the constitution some states still go by their own rules. If you were married in one state, another state may not recognize a same sex couple as a legal union. The case that legalized same-sex marriage was Obergefell v. Hodges. This case was taken to the Supreme Court and it struck down all state laws prohibiting same-sex marriage (Haule, 2016, p.561). I am a straight person, but I believe everyone has a right to be happy.

Gay couples have been living in domestic partnerships for decades. Same -sex marriage was not legalized in the constitution until June of 2015. I remember it was June because it was all over social media. There are 37 states that recognize same-sex marriage currently. The Supreme Court has refused to step in and block same-sex marriage because a state has current law banning it. The state of Minnesota in Baker V. Nelson is one of those cases. Judge Reeves ruled on a 14-day stay to continue to ban gay marriages. The Minnesota court was not convinced that the state's same-sex marriage abridged a fundamental interest (Strasser, 2014). When a Baker Summary Dismissal Becomes Stale: On Same-Sex Marriage Bans and Federal Constitutional Guarantees. The judge even pointed out that the definition of procreation is in the Bible. How is this decision legal if the constitution says that gay marriage is now legal in all 50 states? Marriage is considered a given right under the Fourteenth Amendment and the Due Process and Equal Protection Clause gives gay couples the right to be legally wed.

Just because we don't agree with someone's choice for a life partner, it does not give us the right to be judge and jury. I chose to argue the equality of gay marriage because it is a highly sensitive subject in the eyes of the public. Many of the decisions on the rights if same-sex marriage were based on an individual's rights and not their gender. Many people's beliefs on marriage are based on Christianity and not what the government perceives as right. Proposition 8 was the first time a Judge had ruled against a statute to defend the rights of a private party. The Supreme Court of the United States ruled that the Constitution guarantees a right to same-sex marriage. Same-sex marriage continues to be a highly debated issue that leaves our society searching for answers. This has been very apparent during elections when politicians, in order to distract or sway conservative voters, all took a side and had an opinion on the issue of same-sex marriage. The debate has been presented on the left as a civil rights debate, equal rights. And on the right, as a morals debate, a survey on homosexuality. I was taught for as long as I can remember that marriage of a couple was a union between a woman and a man. Who are we to define what a couple is? We live in the United States where all genders should be treated equal in Family Rights and the Criminal Justice System.

References:

Cahn, N. (2005). Review of Legalizing Gay Marriage.В Journal of Marriage and Family, В 67(5), 13481354.

Harr, J. S., Hess KaМ€ren M., Orthmann, C. M. H., & Kingsbury, J. (2018).В Constitutional law and the criminal justice system. Boston, MA: Cengage Learning.

Haule, K. (2016). It's Complicated: The Unusual Way Obergefell V. Hodges Legalized Same Sex Marriage.В Loyola of Los Angeles Law Review.

Olson, T. B. (2010). The Conservative Case For Gay Marriage.В Newsweek, В 155(3), 4854.

Strasser, M. (2014). When a Baker Summary Dismissal Becomes Stale: On Same-Sex Marriage Bans and Federal Constitutional Guarantees.В Journal of Gender, Race & Justice, В 17(1), 137162.

William M, Hohengarten, Same-Sex Marriage and the Right of Privacy, 103 Yale L.J.(1994).