Preview

Equal protection

Powerful Essays
Open Document
Open Document
2950 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Equal protection
Equal Protection for Gay Marriage
Danny K. Fattori
POL 303
Mark Miller
March 10, 2014

Gay Marriage In a country were countless soldiers fight on a daily basis for freedom and countless have lost their lives in this pursuit, why are we all not free? Are we not all provided equal protection under the law? But what if that law is by its very nature, unfair and biased? In a country where we are now all supposed to be created equal, why are we all not looked at in the eyes of the law as equals? In a country where countless people fought and died in the streets of our own country for equality no matter of color or gender, do we now discriminate based on sexual orientation? We must make a change we must enforce our right to our freedom. We in the United States claim that we are the greatest country in the world because we are all born free, yet we make homosexuals limited by the laws we are currently upholding. We must consider that the law that keeps any couple from marrying is the same as saying that a white woman can not marry a black man; or a white man can not marry a Mexican woman. That is why the Equal Protection Clause of the Fourteenth Amendment is one of our most important protections against the inequality that sometimes is present in the US Constitution. We must make a change in the laws towards marriage in this country and prove that all of our citizens are free and created equal.
For many who are against gay, lesbian and bisexual marriage it is many reasons about why they are different and should not be allowed to marry. This issue should be looked at in the light of what wrongs this country is being a part of while limiting this groups rights. Legal rights for the homosexual community in the United States has changed drastically over the past 10- 15 years and has started a shift for the better (Lewis, 2011). In 2010, 21 states had laws prohibiting anti-homosexual discrimination, yet 29 states amended their constitutions prohibiting



References: Dent, G. W. (2011). STRAIGHT IS BETTER: WHY LAW AND SOCIETY MAY JUSTLY PREFER HETEROSEXUALITY. Texas Review of Law & Politics, 15(2), 360-437. Retrieved from http://search.proquest.com/docview/877426875?accountid=32521 Franke, K. M. (2011, Jun 24). Marriage is a mixed blessing. New York Times. Retrieved from http://search.proquest.com/docview/873485253?accountid=32521 Ivers, G. (2013). Constitutional law: An introduction. San Diego, CA: Bridgepoint Education, Inc. Lewis, G. B. (2011). The friends and family plan: Contact with gays and support for gay rights. Policy Studies Journal, 39(2), 217-238. Retrieved from http://search.proquest.com/docview/868928166?accountid=32521 O’Keefe O 'Keefe, E. (2010, Dec 19). Senate votes to end `don 't ask ' repeal of 17-year-old law allows gays to serve openly. Journal - Gazette. Retrieved from http://search.proquest.com/docview/819369430?accountid=32521

You May Also Find These Documents Helpful

  • Satisfactory Essays

    Snyder, Claire R. Gay Marriage and Democracy. Lanham: Rowman & Littlefield Publishers Inc., 2006. 1-116. Print.…

    • 411 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Robin B. Wagner, Are Gay Rights Clearly Established?: The Problems with the Qualified Immunity Doctrine, 63 DePaul L. Rev. 869 (2014)…

    • 737 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    Yes on Prop 8

    • 975 Words
    • 4 Pages

    References: Farrell, M. (2010, January 25). Prop. 8 trial: defenders of gay-marriage ban make their…

    • 975 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    Jim is right to argue that the statute raise equal protection issues rather than a due process, for this reason, the statute only requires motorcyclist to wear helmets than other motor operators. “Equal protection mean that the government cannot enact law that is similar situated individuals differently. When a law or action limits the liberty of some persons but not others, it may violate the equal right protection clause.” In this scenario Jim argues against sue of the state, because he feels the government treating motorcyclist differently from the other motorist that operates motor vehicles. I don’t agree with his argument, I feel it’s the statute is not violating his equal protection clause, for that reason, I feel that it’s only protecting…

    • 160 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    Chapter 8 in the textbook charts information on the public’s attitude toward homosexuality has been moving toward greater acceptance. (Macionis, 2010). In the early 1970’s the views of homosexuality were on the verge of change and gay liberation movements begin. Survey conducted in 1973 over 75% of adults in the US viewed homosexual relations as wrong and by 2006 less than 60% of adults in the US viewed homosexual relations as wrong (Macionis, 2010). In 2004 gay marriages became legal in the state of Massachusetts. This made making homosexual individuals comfortable in the world in which they lived in. Other states like Connecticut, Vermont, Maine, Iowa, and New Hampshire also adapted laws for gay marriages and the number of states is still increasing today.…

    • 493 Words
    • 2 Pages
    Good Essays
  • Good Essays

    1. Stoddard, Thomas B. “Gay Marriages: Make Them Legal”. Current Issues and Enduring Questions. Boston: Bedford/St. Martin 's, 2007. Pages (737 & 738). Eight Edition…

    • 817 Words
    • 4 Pages
    Good Essays
  • Best Essays

    Reeves, E. J., & Decker, L. D. (2011). Before ENDA: Sexual Orientation and Gender Identity Protections in the Workplace Under Federal Law. Law Review, 62-77.…

    • 3283 Words
    • 14 Pages
    Best Essays
  • Good Essays

    Equal Protection Clause

    • 634 Words
    • 3 Pages

    The Virginia Military Institute was a higher education school in Virginia. It claimed to train the leaders of the future, or “citizen-soldiers” and impart to its students great discipline; however, it only enrolled male students. In 1996, the United States government sued the state of Virginia and the Virginia Military Institute for its male-only policy as a violation of the Fourteenth amendment’s Equal Protection Clause. The District Court ruled in the school’s favor. The Fourth Circuit “reversed and ordered Virginia to remedy the constitutional violation” (Van Camp). In return, Virginia proposed a similar program for women: the Virginia Women’s Institute for Leadership, which would be located at Mary Baldwin College, a private liberal arts…

    • 634 Words
    • 3 Pages
    Good Essays
  • Better Essays

    Critical Thinking

    • 1500 Words
    • 6 Pages

    In the United States, there is social unrest regarding the government’s denial of the right to marry for homosexuals. Plenty of conservatives are completely against gay marriage; and many of liberals are fighting for equal treatment. The neo-Christian politicians are using religious arguments to establish that homosexuality is an abomination. Clearly we as a nation are undecided on this issue. 36 states have passed legislation banning gay marriages, yet the state of Vermont passed a law that allows homosexual couples the right to participate in civil unions. Some other states are also debating whether or not to allow these couples to marry. Unfortunately, the dispute has left the United States homosexual community in an awkward position. Gays who gain the same benefits from marriage would be a more productive part of society for two reasons: the benefits from marriage and the pursuit of happiness obtained from the right of gay marriage. Many gays disagree with the argument that marriage is a tradition. They believe we should not discriminate who may be married. It is clear where gays stand. They do not want to settle for less than marriage status.…

    • 1500 Words
    • 6 Pages
    Better Essays
  • Good Essays

    There are approximately nine million people in America that represent the Lesbian, Gay, Bisexual, Transgender (LGBT) community. That represents 3.5% of the American population, with that number expected to rise as new legislation makes it safer and more acceptable for the LGBT community to identify themselves (Williams Institute, 2011). The purpose of this paper is to discuss current legislation in the Federal government pertaining to LGBT rights, as well as cover the history of LGBT legislation. The American Government has come a long way with gay rights, but there is still…

    • 909 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    Gay marriages have been one of the hottest and controversial topics in our society. There are still problems concerning this issue of homosexuality and gay marriages. Same sex marriages are legal in Hawaii, but in all other states couples must be of the opposite sex to form a marriage. Hawaii’s decision to legalize same sex marriages is considered a milestone victory for gays and may cause a ripple affect for similar action in other states. Those who support gay marriages justify their position by the concept of love. These supporters of gay marriages feel as though gay people are being deprived of their right to love. Many people believe that gay people deserve the right to love and to take that love and form a marriage. These people believe that gays want to feel justified, meaning that as a couple they should be able to define their own marriage for themselves and make their own set of rules. Supports of same-sex marriages feel as though homosexuals are being deprived of their God given right to get married. They believe that arguments against same sex marriages are unconstitutional, and they simply do not justify a ban on same sex marriages. It is not the idea of two people of the same sex getting married that frightens people so much, but it is the thought of change and the fact that the federal government will redefine marriage to allow same sex unions. When people picture the results of same sex marriages, they see images of unstable homes. Everyone would probably agree that homosexuality has changed our society, and legalizing same sex marriages is not likely to be an exception. It would be an injustice to discriminate against a person if he or she were…

    • 305 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    The United States is supposedly a “free country” but honestly it is not free or equal because we are limited to what we can do to a certain extent. We have a never ending war for equality. We have been fighting for blacks and whites to get along, for women to have certain rights, for slaves to be free and even though racism still exists in some states all of those rights that we were fighting to have we pretty much have now and now we are fighting for gay marriage to be legal. As of now 35 states has already been legalized; 24 by court, 8 by state legislature and 3 by popular vote. Gay marriage is banned in 15 states; 14 by constitutional amendment state law and 1 by constitutional amendment only. “6 states where gay marriage bans have been overturned, but where appeals are in progress” (2014 pro…

    • 1213 Words
    • 5 Pages
    Good Essays
  • Better Essays

    Opposing Viewpoints

    • 1126 Words
    • 5 Pages

    Rauch, Jonathan. "Family Reunion: The Case Against the Case Against Gay Marriage." Www.DemocracyJournal.org. N.p.: n.p., 2007. N. pag. Rpt. in Gay Parenting. Ed. Beth Rosenthal. Detroit: Greenhaven, 2013. Opposing Viewpoints. Opposing Viewpoints in Context. Web. 5 May 2014.…

    • 1126 Words
    • 5 Pages
    Better Essays
  • Powerful Essays

    Winer, A. S. (1994). Hate Crimes, Homosexuals, and the Constitution. Harvard Civil Right-Civil Liberties Law Review (CR-CL), 29, 53. Retrieved from http://ssrn.com/abstract=17580384…

    • 1377 Words
    • 6 Pages
    Powerful Essays
  • Powerful Essays

    Doma Debate

    • 2390 Words
    • 10 Pages

    Smith, A. M. (2012, May 9). Same-Sex Marriages: Legal Issues. Retrieved from Congressional Research Service: www.crs.gov…

    • 2390 Words
    • 10 Pages
    Powerful Essays

Related Topics