Recognizing Same-Sex Marriage

Topics: Same-sex marriage, Marriage, United States Constitution Pages: 5 (1566 words) Published: November 4, 2014
Recognizing Same-Sex Marriage
Same-sex marriage is a huge controversy between Americans across the Country. In thirty-three states marriage is defined as a “union between a man and a woman”. For seventeen states in the U.S. this definition has been changed because every citizen should be treated equally according to the constitution and this also violates the Equal Protection Clause. It became possible for people of the same-sex to marry when it was stated to be unconstitutional. Denying marriage is denying a citizen their civil rights. People of the same-sex are not receiving the same benefits as a person who has married someone of the opposite sex will receive. It is also an issue between different states. The state law and the federal law differ, and this causes controversy. If someone gets married in a state that accepts same-sex marriage but lives in a state that it is illegal they lose the benefits once they go back to their home state. Same-sex marriage is a huge issue and is something that is yet to be solved. Much chaos has risen from this argument throughout America and the federal government is taking action. The federal government should be deciding the issue of same sex marriage because DOMA violates the Equal Protection clause by not giving homosexuals federal benefits, not treating LGBTQ citizens equally, and the controversy of different states having separate laws.

There are many people who support gay marriage. The federal government being one of them. On June 26th the U.S. Supreme Court made it possible for people with same sex marriage to receive federal benefits in which they were not aloud to receive because of their sexual orientation. The debate to change all of this was U.S. vs Windsor. In the court the debate was that the section of DOMA (Federal Defense of Marriage act) had the definition that marriage is only to be between a man and a woman. DOMA restricts same sex marriage couples from obtaining marriage federal benefits and inter-state marriage recognition. This violates the Equal Protection Clause causing discrimination to people of the same sex to marry, so it is unconstitutional. Therefore, it has been ruled that same-sex marriages are legally married and they can obtain any federal rights that a woman and man in matrimony can obtain. Homosexuals are being denied their civil rights. A civil right refers to positive actions that the government should take to create equal conditions for all Americans. The same was that it is unconstitutional because marriage is defined to be a “union between a man and a woman” is also the reason why it is denying a homosexuals civil rights. It is illegal for people of the same-sex to marry but this is not giving citizens equality. If men were created equal under the constitution then homosexuals are allowed to marry. This violates amendment fourteen “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.” They are not given their federal benefits that someone is given when they are married such as Health care, taxes, death, immigration, insurance, property, family leave, parenting, inheritance, mobility, housing, and debt. Denying the right to a person of the same-sex to marry one another is unconstitutional. Marriage is defined as being, “a union between a man and a woman”. It also is supposed to be between a husband and a wife, or between a spouse and a spouse which is a person of the opposite sex. Sex is referred to as biological characteristics that make up a person from their chromosomes, internal and external organs that make them a female or male. Gender refers to being a female or male by characteristics that come with a society or culture, and is labeled as either masculine or feminine. If one...

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