Gay Marriage and the Constitution

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Gay Marriage and the Constitution
Amberlee Ozment
Axia College of University of Phoenix
Gay Marriage and the Constitution
Is it okay to not believe in gay marriage, yet at the same time support the constitutional rights of life, liberty and pursuit of happiness for homosexual couples? Even though most churches' beliefs conflict with marrying same-sex partners, government should not deny a person's right to their happiness; because any person, no matter race, color, sex, religion or sexual orientation, should be allowed to exercise their constitutional rights as Americans to pursue their happiness; and married gay couples should be able to have a spectrum of rights and benefits if their gay partnership is legalized.

Equal Rights?

The constitution states that all men are equally free and independent. Then how is a gay couple that cannot be legally married mirrored to a heterosexual couple with a legal marriage? They cannot. Author Michael Seidman explains equality well when he states, “Equality means treating people similarly to the extent that they are the same, but differently to the extent that they are different.” (Winter 2008) Since there is no specific line between same and different, it makes distinguishing who does and does not get equal treatment difficult and fragile. Being gay is dissimilar for a great deal of people. Yet, yearning for a partner in life and sharing a love and bond with someone is not so far removed from any given person. The goal for most people in their lifetime is to obtain what they desire. In this instance, the discrepancy between heterosexual and homosexual suddenly becomes not so estranged. It is not so uncommon to want to find someone and extend a life of love, children and togetherness. When the courts realize that gay marriage is a matter of equal protection, rather than choosing a side in the cultural war (Seidman), they will discover the true meaning of freedom. Gay people in America will no longer be oppressed by the government. Of course there will be many people opposed to the idea of gay marriage, just as people who are against interracial marriage or a certain race altogether. But, given that the government backs the rights of gay marriage, gays will be liberated and supported. The following table is a poll that presents the fact that while many Americans do not support gay marriage, they do support gay rights. (Jones, 2009)

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Several Americans are in support of gay couples and their rights, but speak of marriage and a vast amount of citizens will immediately resist the idea. One of the main reasons for this is because the main religion in America is Christian; as well this religion is the grounds of what America was built.

Church vs. Gays

Christianity is the foundation from which America was founded. So, it goes without saying that many Americans are Christian or of the many sorts of the religion. Most religions proclaim the fact that marriage encompasses one man and one woman. Hence, the reason for such a strong opposition to gay marriage in America provided the many, many Christians in the nation. Yet, people have compassion for others and therefore would support gays in a domestic partnership, as long as they do not hold the title of being married. Forcing a religious belief or someone else’s morals and views on anyone is not only in the wrong, but goes against the American way. Pursuing ones happiness should not constitute warfare with the Church and all who have a set of religious views that excludes gays from being married. Furthermore, being a citizen should encompass not only being free to practice religion, but to be free from religion as well. Many people who are asked why they do not support gay marriage, it is because it goes against their religion or beliefs. This argument alone is unjustified, unfair and downright illogical. Does this mean if a majority of citizens of the United States does...
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