Professor Mariel Lange
Is The Denial Of Same-Sex Marriage Unconstitutional?
Same-sex marriage (also called gay marriage) is a legally or socially recognized marriage between two persons of the same biological sex or social gender. Same-sex marriage is a civil rights, political, social, moral, and religious issue in many nations. The conflict arises over whether same-sex couples should be allowed to enter into marriage, be required to use a different status (such as a civil union, which usually grants fewer rights), or not have any such rights. A related issue is whether the term "marriage" should be applied. In “The foundations of the earth”, the author, Randell Kenan, discusses homosexual madrigal issues along with the self and community judgments. Homosexuals should be allowed to marry because the disallowance of it violates their constitutional rights. Marriage is an institution long recognized by our government under the right to pursue happiness, and denying that right to any couple, regardless of gender, is unconstitutional. This argument, though, is not disputed. In fact, none of the arguments raised in opposition to the allowance of homosexual marriages takes into account the constitutional rights afforded to all humans. The arguments are only in relation to the possible repercussions (real or imagined) of granting these rights. Our nation was built and has always been based on the fundamental principles of freedom expressed in the Declaration of Independence and through our Constitution. The opponents of homosexual marriage need to remember what freedom means to America, and understand the significance of setting a precedent that denies that freedom. The Supreme Court has long recognized that the institution of marriage is one of the rights guaranteed to all Americans by our Constitution. Banning same-sex marriage is discriminatory. Marriage is a basic human right and should not be denied to any...