Constitution- Gay Marriage

Topics: Same-sex marriage, United States Constitution, Marriage Pages: 5 (1601 words) Published: July 28, 2013
Judicial System on Gay Marriage|
His 303: The American Constitution|
Tara Van Zummeren|


Article III of the United States Constitution establishes the judicial branch of the federal government. The judiciary is the system of courts that interprets and applies the law. The judiciary also provides as a device for the resolution of disputes. With our courts we are able to make decisions for our country, states, and county’s on all legal matters. One of the biggest controversies our nation is facing at this time is the issue of Gay Marriage. The United States Supreme Court has handed the decision to states where from there they will decide on the issue of Gay Marriage and whether or not they want to make it legal. This issue also presents itself as discrimination on equal rights for everyone. Same-sex marriage is legally recognized in several jurisdictions within the United States and by the federal government. The issue of marriage being a union being between a man and a woman is more of a secular ideology; the issue that same-sex couples are fighting for equal legal rights that a marriage brings. The U.S. Conference of Catholic Bishops, which staunchly opposes same-sex marriage, called upon Americans "to stand steadfastly together in promoting and defending the unique meaning of marriage: one man, one woman, for life." (Huffington) "Outside of these states, federal marriage benefits become more complicated, as many commonly thought-of federal benefits, such as jointly filing on federal income taxes, are tied to a married couple's place of residence," the conference said. (Huffington) Some benefits that being in a marriage bring are as listed: * Right to benefits while married:

* Employment assistance and transitional services for spouses of members being separated from military service; continued commissary privileges * Per diem payment to spouse for federal civil service employees when relocating * Sponsor husband/wife for immigration benefits

* Larger benefits under some programs if married, including: * Veteran's disability
* Supplemental Security Income
* Disability payments for federal employees
* Medicaid
* Income tax deductions, credits, rates exemption, and estimates * Joint and family-related rights:
* Joint filing of bankruptcy permitted
* Access to "family only" services, such as reduced rate memberships to clubs & organizations or residency in certain neighborhoods (Publication)
The current Supreme Court decisions on proposition 8 and DOMA are the most recent controversial decisions. Proposition 8, also known as prop 8 was a California ballot proposition and a state constitutional amendment. This amendment was against the ruling of same sex marriage in the state of California, and restricting the recognition of same sex marriages. The original title of Prop 8 was the Marriage Protection Act. Prop 8 was overruled as it did not have enough evidence to prove that it was unconstitutional and now California is among the 12 states to have made same-sex marriages legal. "The fight is far from over," Rauch wrote in a commentary. "By refusing to override those majorities, the court green-lighted the continuation, probably for a decade or more, of state-by-state battles over marriage." (Huffington)

Now even though the courts have ruled against Proposition 8 and the DOMA those are local rulings and do not have direct on the constitutional amendments in 29 states that limit marriage to heterosexual couples. "It would be inefficient to try to pick off 30 constitutional amendments one by one," said Fred Sainz of the Human Rights Campaign, a national gay-rights group. "Eventually this will have to be settled by the Supreme Court." (Huffington) The goal of Chad Griffin the President of the Human Rights Campaign is to legalize same-sex marriage within five years. "Marriage should not...
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