Civil Rights for Gay in Marriage and Adoption

Topics: Same-sex marriage, Same-sex marriage in the United States, Homosexuality Pages: 8 (2906 words) Published: June 23, 2013
September 29, 2012
Joanna Hibbard
Professor Garcia
Eng 240
Civil Rights for Gay in Marriage and Adoption
When it comes to civil rights for Gays pertaining to marriage and adoption there is a lot of major controversy, however the pro’s by far out weight the cons. History shows the beginning of the gay civil rights movement in the United States primarily began with the Stonewall riots that took place in Greenwich in 1969. Some refer to it as the Gay Revolution, this sparked a lot of controversy pertaining to whether the gay community had the right to marriage and raising families. There are two major sides; there is the pro side, which President Obama stands strongly behind, which states yes of course they should. Just because certain individuals love the same gender does not mean they should not have the same rights as a male and female in love. The opposing sides are venamently against letting these types of couples have any rights including adopting children. They claim it goes against the whole moral fabric of our country, however it mostly comes from religious beliefs and own personal discriminations. There are quite a few loop holes that States use to prevent any type of legal union between the same sexes, for example the certain types of wording in their legislations pertaining to marriage. Steve Sanders who is an appellate lawyer and an Associate Professor at the University Michigan Law School specializing in Constitutional litigation wrote; “Same-sex marriage is now legal in six states, and tens of thousands of same-sex couples have already gotten married. Yet the vast majority of other states have adopted statutes or constitutional amendments banning same-sex marriage. These mini-defenses of marriage acts not only forbid the creation of same-sex marriages; they also purport to void or deny recognition to the perfectly valid same-sex marriages of couples who migrate from states where such marriages are legal. These non-recognition laws effectively transform the marital parties into legal strangers, causing significant harms: property rights are potentially altered, spouses disinherited, children put at risk, and financial, medical, and personal plans and decisions thrown into turmoil.” Not only are they doing this for marriage, some States are passing legislation for same sex adoptions, and the discouraging part is even if there aren’t laws against this there are many cases that show there is a lot of discrimination against same sex couples adopting children, and of course then we come back to if a same sex couple can’t marry then who has legal custody of the child. One bright hope is our younger generation is growing up with same sex marriages and parents as a commonality, so hopefully the views of the world will change for the better. When discussing the issues about employment benefits to same sex partners the answer undoubtedly would be a win win in favor granting the freedoms that the gay community deserves. One of the strongest reasons same sex marriages should be allowed is the fact that same sex partners lose out on so many benefits because their union is not considered legal. It is true that most employers can decide how they offer their benefits to their employees; however they must follow the State and Federal laws that regulate them. In article 4 section 1 and 2 of the Federal Constitution states “Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. The citizens of each state should be entitled to all privileges and immunities of citizens in the several states.” So if this is written then why wouldn’t a same sex couple who married in New York then moved to California be allowed to have the same benefits offered as a traditional marriage? Answer is they should be, however due to Defense of Marriage Act (DOMA) which states “marriage as a legal union between one man and one woman.” allows states to...

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