Same Sex Marriage and the Us Constitution

Topics: Same-sex marriage, United States Constitution, Marriage Pages: 16 (6048 words) Published: July 8, 2011
Same Sex Marriage and the US Constitution

This paper investigates same sex marriage and how it is being interpreted using the United States Constitution in a positive and negative manner. Since its introduction into legal debates, research comparing other states and countries rules on these types of unions has become a hot issue. Researchers have based the validity and acceptance of same sex marriage through religion, race history and case law. Many of the prominent researchers such as BYU has proven that same sex marriage is legal and Amendments should not be made to change the current constitution to violate the individual rights of these individuals. This paper will also use theories such as the loving Analogy and comparing slavery, and other forms of marriage to show how all citizens should be protected. Other areas of importance will include research and findings from Harvard Law on how courts determined if same sex union was permitted to be legal in their state. The final area of this paper will conclude the findings and interpretations of my current review of the research to show that this should remain as a right that all individuals are permitted to partake in marriage to same sex partners during their lifetime.

When the United State’s constitution was drafted, many topics in it were not as blatantly described as one would assume given its importance. This doctrine gave you the basis as to what law should dictate to citizens, but did not give exact do’s and don’ts on certain issues. In this document to many individuals’ unknown belief, there actually is no clause on marriage. It designates that all persons should have equal rights. “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. 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.” (US Constitution). If we look at this last line, you see its evidence right there. All citizens have the right to equal protection. With the debate of same sex marriage we see how states and the federal government are directly trying to violate this right. The current status of same sex marriage actually depends on where in the United States you may inhabit. The United States constitution was created September 17, 1787. The document was officially ratified on June 21, 1788. When it was written, the overall intention was to create a framework for citizens of the United States. It was the framework to how laws and government were to conduct themselves. From its original creation, as years went by Amendments were written to address subjects that arise over time and had not been addressed by our founding fathers. Focusing our energy to present issues, same sex marriage has questioned the constitution and its amendments. Mainly we use the 14th Amendment, Due Process Clause and Equal Protection Clause. The Due process clause basically covers and prohibits state and local government from depriving life, liberty and property. The second, Equal Protection Clause requires each state to produce equal protection under the law to all people within its jurisdiction. Using these two main sections and this Amendment itself we can base how current public opinion is driving legislatures and government to forget and violate individual’s rights base on their sexual preference. Putting restrictions on their right to engage in customs such as marriage violates and goes against the initial intentions of our founding fathers’, these main components will prove that allowing same sex union does not violate the US Constitution Constitution vs. Other Forms of Marriage

Interracial Marriage was a form of marriage that was considered...
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