Legalizing Same Sex Marriage

Topics: Same-sex marriage, Homosexuality, Marriage Pages: 4 (1617 words) Published: February 9, 2013
Legalizing Same Sex Marriage

Love is abstract; it cannot be confined to heterosexuals or homosexuals, one is not superior over the other. Traditionally, marriage represents two things: love and commitment. It symbolizes a transformation between two very separate identities into a union that allows a couple to share their dreams, ambitions, and desires. This union also represents a status within society and provides a wide range of benefits. Excluding homosexual couples gives the impression their relationships are inadequate and illegitimate (Mills & Armstrong, 2006). Although support and acceptance of same sex marriage has grown drastically over the years, our country still remains divided and we are far from achieving equality. Denying homosexual couples the right to marry has become a legal, moral, and political debate over the years. The United States should legalize same-sex marriage to put an end to discrimination based on sexual orientation and affirm the importance of marriage. The Supreme Court identified marriage as a fundamental right of all individuals. Denying an individual’s right to marry based on his or her sexual orientation would violate unmistakably the Equal Protection clause of the 14th Amendment. The Equal Protection clause “prohibits states from denying any person within its jurisdiction the equal protection of the laws” (Kellard, 2012). In other words, this clause was not created to provide equality; however, it requires states to treat an individual in the same regard as others to ensure equal application of the laws. There is no justification for dividing society based on sexual orientation. All couples warrant the right to receive the legal protections offered by marriage. Prohibiting homosexual couples the right to marry is not only unconstitutional, but also discriminating; it categorizes a group of people as unworthy of legal protections and separates them into a second class status (Miller, 2012). All partnerships should be...

Bibliography: 14 Supreme Court Cases: Marriage is a Fundamental Right. (2012 , July 19). Retrieved 12 2013, January, from American Foundation for Equal Rights: http://www.afer.org/blog/14-supreme-court-cases-marriage-is-a-fundamental-right/
"A Constitutional Amendment Against Gay Marriage Would Restrict Liberty." Gay Marriage. Ed. Debra A. Miller. Detroit: Greenhaven Press, 2012. At Issue. Rpt. from "Equal Marriage NOW: Talking Points." National Organization for Women (NOW), 2010. Gale Opposing Viewpoints In Context. Web. 22 Jan. 2013.
Gay Marriage Data Trend. (2012, February). Retrieved January 17, 2013, from Pew Research Center: http://www.pewresearch.org/2010/10/06/gay-marriage-gains-more-acceptance/
Hess, D., Scweber, H., McAvoy, P., & Korr, S. (2009). The 14th Amendment and Same-Sex Marriage. Retrieved January 2013, from Law and Democracy: http://www.lawanddemocracy.org/pdffiles/samesexSAC.pdf
Kellard, James. "Gay Marriage Should Be Legal." Gay Marriage. Ed. Debra A. Miller. Detroit: Greenhaven Press, 2012. At Issue. Rpt. from "Do We Have a Constitutional Right to Ban Gay Marriage?" 2011. Gale Opposing Viewpoints In Context. Web. 21 Jan. 2013.
Mills, J., & Armstrong, L. (2006). Commentary: Love and Marriage. Candian Journal of Communication , 947-952.
School, C. U. (2010, August 19). Equal Protection. Retrieved January 11, 2013, from Legal Information Institute: http://www.law.cornell.edu/wex/equal_protection
"A Constitutional Amendment Against Gay Marriage Would Restrict Liberty." Gay Marriage. Ed. Debra A. Miller. Detroit: Greenhaven Press, 2012. At Issue. Rpt. from "Equal Marriage NOW: Talking Points." National Organization for Women (NOW), 2010. Gale Opposing Viewpoints In Context. Web. 22 Jan. 2013.
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