Mia Biggs
March 10, 2010
Per. 7
Theology IV
What If It Was Eve and Eve?
Same-sex marriage has sparked one of the biggest debates in the last decade. In the 1967 Supreme Court decision making interracial marriages legal, it was said that anti-miscegenation laws were ‘unconstitutional’. Although the federal Constitution never actually states that marriage is defined as the union between a man and a woman, it has become the accepted norm since the time of the Constitution’s ratification in 1776. It should therefore be stated that prohibiting same-sex marriage is not ‘unconstitutional’, but ‘unethical’. On that note, one cannot say that same-sex marriage is a constitutional right, unless it is a state constitution that is being referred to.
This brings me to Proposition 8. In California in 2008, same-sex marriage was legalized for a very short amount of time. On November 5, 2008, Proposition 8 added these words to the California State Constitution: “Only marriage between a man and a woman is valid or recognized in California.” (California Constitution Article 1 Sec. 7.5) Precisely the same words were used in Proposition 22, which although originally ratified, was deemed unconstitutional by the Supreme Court and therefore overturned. Proposition 22 was in 2000, and since then the percentage of opponents of gay marriage dropped from 61.4% in 2000 down to 52% in 2008(Proposition) while the proponents raised from 38.6% in 2000 to 48% in 2008(Two).
The Essay on Gay Marriage Separation Of Church And State
Gay Marriage and Constitutional Rights... and separation of church and state'I believe marriage is between a man and a woman, and I think we ought to codify that one way or another,' President Bush said (Hinojosa). From 2003 until present, gay marriage has been a hot issue nation wide. Debates rage on the sanctity of marriage and constitutional equal rights. Though many states have already decided ...
One of the reasons these percentages have dropped so severely in so short an amount of time is because Conservatives and Liberals are now uniting in core American values such as diversity, equality and tolerance.
A perfect example of that is the unification of former Bush solicitor and conservative General Ted Olson and liberal attorney David Boies in the fight for same-sex marriage. The two men were on opposing sides of the Bush vs. Gore election. Now they work side by side as key players in what they call “…one of the most important civil rights trials of the last decade…” After Proposition 8 passed, Olson and Boies joined forced in defending two couples, two men, two women, who had been denied the right to marry. When asked why they were taking the same side on this issue, Olson said:
“We’re not advocating any recognition of a new right…The right to marry is in the Constitution. The Supreme Court has recognized that over and over again. We’re talking about whether two individuals should be treated equally under the equal rights protection clause of the Constitution – the same thing the Supreme Court did in 1967, [when it] recognized the constitutional rights of people of different races to marry.”(Two)
Whether Olson is referring to the California Constitution or the United States Constitution is unclear, but it is apparent that his main point is that it does not matter whether someone is gay or straight, but whether it is fair to treat that person differently or unjustly because of it. Boies added:
“There are certain rights that are so fundamental that the Constitution guarantees them to every citizen regardless of what a temporary majority may or may not vote for…. If you didn’t tell the majority of the voters they were wrong sometimes under the Constitution, you wouldn’t need a Constitution. The whole point of the Bill of Rights and the 14th Amendment is to say, ‘This is a democracy. But it’s also a democracy in which we protect minority rights …’ what the Constitution says is that every citizen gets equal protection of the law. It doesn’t just say heterosexuals.”(Two)
The Essay on Gay Marriages Marriage One Couples
Gay Marriages Should Not Be Legalized. For millions of year marriages has been refer to as " a universal institution whereby men and women are joined in a special kind of dependence for the purpose of founding and maintaining a family." In today's society one has to wonder what is now considered to be normal, gay marriages should not be legalized. One reason why gay couples are fighting for their ...
Boies’ statement is much in line with Olson’s, but he adds the crucial fact that every person has a right to the protection set down by the founding fathers, disregarding the public opinion. No amount of protesting will alter the U.S. Constitution the way Prop 8 changed the California Constitution. Putting a line or two into the Constitution limiting marriage in the United States to only a man and a woman would be an abomination in many respects. First off, it would make a complete joke of our national anthem, which states that we are the ‘land of the free’. If we are not even free to marry who we want, what’s to say we don’t just take that line out? It may not seem as though the Star Spangled Banner is all that important an argument, but it goes beyond that. Denying gays and lesbians the right to marry is tarnishing America’s reputation in a time when that hardly seems possible. In a time of “…record high unemployment, diminishing job prospects, a ballooning budget deficit that is choking our economy and crucial social service programs, a public school system that is in great need of attention and a health care system that is failing over 43 million Americans that remain uninsured…” (NAACP), and our government is more focused on who is marrying whom.
The freedom of religion is a major factor in the debate of same-sex marriage. There are several reasons for that; one, marriage is looked upon as a way to procreate which homosexuals cannot do. However, while it is true that homosexuals cannot procreate, they can adopt. In 1990, between 8 and 10 million children were being raised in gay households (Gay).
All the children who would not have a good household otherwise are saved by gay and lesbian couples. Two, the Church brings it into the bedroom, asking, “How exactly would two men consummate their ‘gay marriage’?” (Iowa).
Americans for Truth About Homosexuality’s (AFTAH) President, Peter LaBarbera answers that question with, ” By engaging in what one Founding Father, Noah Webster, writing in saner times, rightly defined as a ‘crime against nature.’” (Iowa).
Argument Essay: Gay Couple Adopting Child
Gay couple should not adopt childrenShould gay couple adopt children? Are gay couples capable of raising children with as much devotion as a normal couple? The answer is certainly a “No!”. Adoption of children by homosexual couples is a very controversial contemporary issue. National Adoption week in the United Kingdom in October 2000 saw a drive to encourage gay couples to adopt, in order to find ...
Sodomy is not what you might call a pleasant subject, but it is natural. The definition of sodomy in the Merriam-Webster Dictionary is:
Main Entry: sod·omy
Pronunciation: ˈsä-də-mē
Function: noun
Etymology: Middle English, from Anglo-French sodomie, from Late Latin Sodoma Sodom; from the homosexual proclivities of the men of the city in Gen 19:1–11
Date: 13th century
: Anal or oral copulation with a member of the same or opposite sex; also: copulation with an animal
First of all, the definition clearly states that sodomy dates back to the 13th century. That was long before the United States of America existed. Second of all, the last line says ‘with a member of the same or opposite sex’. It seems to me that using sodomy as an argument against gay marriage is a last resort. The church cannot deny that both heterosexual as well as homosexual couples engage in it. Massachusetts overturned laws regarding sodomy in 2003, which some conservatives said would “…open the door to gay marriage” (Massachusetts).
Indeed, Massachusetts legalized gay marriage on May 17, 2004 (Massachusetts Law).
It was later joined by Connecticut, Vermont, Iowa, Maine plus Washington D.C. and, most recently, New Hampshire to make a total of six states where same-sex marriage is both legal and frequently performed.
The legalization of same-sex marriage in these 6 states has only happened since 2004 (Massachusetts Law).
If we’re thinking mathematically, that is one state per year plus Washington D.C. If the United States continues on this pattern, every single state will legalize same-sex marriage by 2054. While there is no accurate estimate of when our nation as a whole will legalize same-sex marriage, it is estimated that by 2012, almost half of the fifty states will vote against a gay marriage ban, and by 2024, Mississippi will be the last to vote against a ban on gay marriage (Will).
In the legendary court case Roe v. Wade in 1973, woman gained the right to terminate unwanted pregnancies without the state’s interference. Twenty years later, Planned Parenthood of Pennsylvania v. Casey emphasized a person’s right to privacy and personal decisions such as marriage and procreation. Finally, in Lawrence v. Texas, gays earned the right to engage in consensual sex if they choose without the state’s interference (Same-sex).
The Essay on Registered Partners Gay Marriage Sex
The Right to Unite Sam and Alex have been together for two years. Recently, they decided that they would like to buy a house together. This has not been an easy task as their lifestyle choice has caused them complications attaining a loan. Sam and Alex are of the same sex. If they were married, as they one day hope to be, getting a home loan would not be an issue. However, because they are gay, ...
Those court cases provide a solid foundation to legalize same-sex marriage. If a straight couple, such as in the court saw Planned Parenthood of Pennsylvania v. Casey, can marry with no interference from any state, why can’t those standards extend to a gay couple as well? As a nation, it would be better to amend the United States Constitution to legalize same-sex marriage instead of leaving it up to the states and having another Proposition 8? The answer is yes, because if straight couples can marry without a state’s interference, gay couples should be able to also.
Same-sex marriage has started one of the most extensive national civil right debates in history. The legalization of same-sex marriage is spreading like wildfire, with six states in six years, plus Washington D.C. It has brought conservatives and liberals together in a way that no other civil rights issue could. The spread of same-sex marriage will change not only our nation, but our world as well. With the nationwide legalization of same-sex marriage, it is my personal belief that that church’s long-withstanding opposition to gay marriage will fall to pieces. It has already started in the religious community, with pastors openly admitting to having no problem performing marriage ceremonies between two men or two women. I myself have witnessed a marriage between two women, and the overwhelming support given to the couple was inspiring in the hopes of change. Perhaps this year, with this president, we can make same-sex marriage a constitutional right, as so many already believe it to be.
