Oppose Same Sex Marriages because it is not a right
A same sex marriage is not a right. While the proponents of same sex marriages usually site Section I of the Fourteenth Amendment of the Constitution (US Constitution, 1868), there isn’t a clear description of the fundamental liberty so this amendment does not apply. The due process clause of the Fourteenth Amendment applies strict-scrutiny only to fundamental rights, so it must be decided what right is at issue and it must be specific. In the case of same-sex marriage, the right that is being questioned is specifically the right to same-sex marriage, not marriage in general. To define the same sex marriage issue as “the right to marriage” would be too general, and is not a strict-scrutiny or specific analysis of the correct fundamental right. After reading several Supreme Court cases (Supreme Court Collection, 2004) it is understood that this is the second piece of the puzzle that must be clear before rendering a decision. What is the specific right, is it a fundamental right, and does the Fourteenth Amendment apply? Therefore it is noted that the same sex marriage proponents have not satisfied this second requirement and to present the narrowly defined right of same-sex marriage to the Supreme Court would require a different argument than the due process clause of the Fourteenth Amendment.
The Essay on Marriage Sex Man Woman
Marriage is legally defined and summed up as, a contract made in due form of law, by which a free man and a free woman reciprocally engage to live with each other during their joint lives, in the union which ought to exist between husband and wife. Many liberals argue that gay marriage should be legal in the United States. In the following essay I will attempt to argue why marriage between the ...
As for the first requirement in a Supreme Court decision, the Supreme Court has upheld in many cases that “emphasiz[ing] the importance of examining our nation’s history and tradition in determining fundamental rights.” (Washington v Glucksberg, January 8, 1997).
Not only does marriage have a long history and tradition, it has always had importance in our nation’s history. Where would John F. Kennedy have been without Jackie? How about Ronald Reagan without Nancy? Bill Clinton may not have become President without Hillary. I have spoken with some people that voted for him solely because of his wife. How many same-sex partnerships have created tradition for our country? Until recently, when taken in the context of our country’s time line, homosexual behavior was a problem not a lifestyle. Homosexuals were not open about their preferences or behavior for whatever reason. These two items alone bear out the fact that same sex partnerships do not have history or tradition in our country. Why else would most states still have laws that require marriage be a man and a woman union? The argument against this could be that until recently we did not realize that being gay wasn’t a choice, problem, or disease but a lifestyle. Another argument could also be made that if tradition were so important we’d still have slaves. To this I take offense. Slavery was never a tradition. Our forefathers did not bring slaves over when they were seeking a better place for themselves, but marriage came along. Our entire country was never a slave nation but men and women all over were and are still getting married. Only a few people had slaves and they were the minority, most men and women think of being married. To deny tradition, the Supreme Court would have to drastically change the way they rule on issues and it would be a wide departure from where they are now. This leaves the same-sex advocates being unable to satisfy both pieces required for the Fourteenth Amendment argument to support their case.
Marriage, as an opposite sex institution, has always been with us and will continue to be. Is there any other tradition that has tested, reviled (remember the free love movement), and attacked more than marriage? Are there any traditions that are more talked about then marriage? When was the last time you sat and talked with someone and sooner or later they (or you) started talking of a wedding? Did it have a man and a woman or two people of the same sex? All of mine are opposite sex and I hope they remain that way.
The Essay on Same Sex Marriage 12
Nancy Gill has been working for the American Postal office for almost 23 years but unlike other employees who can provide health benefits for their families, she cannot provide the same for her spouse because of one reason – she is married to a woman. Gill and her spouse, Marcelle Letourneau were married in Massachusetts in 2004 and now, they are challenging the federal law Defense of Marriage Act ...
References
US Constitution, 1868, Retrieved, 13 Feb 2004,http://www.law.cornell.edu/constitution/constitution.amendmentxiv.html.
Washington v. Glucksberg, 117 S.Ct. 2258, 138 L.Ed.2d 772 (1997), Retrieved, 13 Feb 2004, http://supct.law.cornell.edu/supct/html/96-110.ZS.html
Supreme Court Collection, Retrieved, 13 Feb 2004, http://supct.law.cornell.edu/supct/
