Same sex marriage and the constitution essay

A Hawaii trial court holds that no compelling interests support Hawaii's statute limiting marriage to opposite-sex couples. The decision is stayed pending review by the Supreme Court of Hawaii. Minnesota bans same-sex marriage by statute and prohibits the recognition of same-sex marriages legalized elsewhere.

Same sex marriage and the constitution essay

Same Sex Marriage and the Us Constitution Same Sex Marriage and the Us Constitution 2 February Marriage Many of the prominent researchers such as BYU has proven that same sex marriage is legal and Amendments should not be made to change the current constitution to violate the individual rights of these individuals.

This paper will also use theories such as the loving Analogy and comparing slavery, and other forms of marriage to show how all citizens should be protected. Other areas of importance will include research and findings from Harvard Law on how courts determined if same sex union was permitted to be legal in their state.

We will write a custom essay sample on Same Sex Marriage and the Us Constitution or any similar topic specifically for you Do Not Waste HIRE WRITER The final area of this paper will conclude the findings and interpretations of my current review of the research to show that this should remain as a right that all individuals are permitted to partake in marriage to same sex partners during their lifetime.

It designates that all persons should have equal rights. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

If we look at this last line, you see its evidence right there. All citizens have the right to equal protection. With the debate of same sex marriage we see how states and the federal government are directly trying to violate this right.

The current status of same sex marriage actually depends on where in the United States you may inhabit. The United States constitution was created September 17, The document was officially ratified on June 21, When it was written, the overall intention was to create a framework for citizens of the United States.


It was the framework to how laws and government were to conduct themselves. From its original creation, as years went by Amendments were written to address subjects that arise over time and had not been addressed by our founding fathers.

Focusing our energy to present issues, same sex marriage has questioned the constitution and its amendments. The Due process clause basically covers and prohibits state and local government from depriving life, liberty and property.

The second, Equal Protection Clause requires each state to produce equal protection under the law to all people within its jurisdiction. Other Forms of Marriage Interracial Marriage was a form of marriage that was considered illegal prior to Although the Emancipation Proclamation freed slaves it did not guarantee them full rights until almost years later.

Inthis was repealed. Prior to this year, interracial marriages were only recognized and permitted in certain states. Strictly enforced misgengation laws clearly segregated persons of different races to enter into a marriage.

If we compare the 14th Amendment to this type of prior law, we clearly see that equal rights and fairness to all citizens were not being followed.

The case of Loving vs. Virginia proved that not allowing people of different races to marry violated this amendment and others such as Equal Protection and Due Process.

They banned marriage of equal citizens based on their race. At present, day, it is allowable but many still agree and will never accept these types of marriages.

Teenage Marriages also at one point and time were under scrutiny. This was a common practice in the Middle Ages from settlers inhabiting the United States from Europe. It was a common practice in their cultures. Recognition again was at the discretion of the states. Again rights were violated. Equal Protection was only given based on the decision of the state.

At present time, teenage marriage is allowable to an extent. Minors which are considered under the age of 18 require parental or guardian consent to all the marriage to occur based on a states constitution. The next marriage to date that is illegal in the United States and remains this way is polygamy.

In this type of union, a man has multiple wives whom all live harmoniously. It is also constitutionally banned.Same-sex union legislation; Same-sex union court cases; Timeline of same-sex marriage; Recognition of same-sex unions in Africa; Recognition of same-sex unions in Asia.

Groups of same-sex couples sued their relevant state agencies in Ohio, Michigan, Kentucky, and Tennessee to challenge the constitutionality of those states' bans on same-sex marriage or refusal to recognize legal same-sex marriages that occurred in jurisdictions that provided for such marriages.

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Preview text: The issue of same-sex marriage has swamped our airwaves for the past several months and has taken center-stage here in Massachusetts.

There are many ways to look at this issue: personally, religiously, politically, emotionally, rationally, legally.

Same sex marriage and the constitution essay

Although not an entirely new topic of inquiry, “lesbian”/female same-sex sexualities in Africa is still an emerging field of studies located at the moving junction of various disciplinary formations—ethnographic case studies and literary and visual studies.

A Right to Marry? Same-sex Marriage and Constitutional Law A Right to Marry? Same-sex Marriage and Constitutional Law Martha Nussbaum ▪ Summer (Ted Eytan / Flickr). Marriage is both ubiquitous and central. Even though this is an exceedingly controversial topic, Legalizing same-sex marriage will have a positive effect on society because it won’t harm the institution of marriage, it will uphold the constitution, and it will inevitably happen either way.

Same-Sex Marriage - Sample Essays