top-rated free essay

Same sex

By alissa0222 Dec 03, 2013 1114 Words
The Social Injustice Inherent in the Ban on Same-Sex Marriage
The issue of same-sex marriage has remained a controversy for numerous years. Even after the huge improvement in society, the concern on same-sex marriage has not changed in many citizens’ minds. However, at the same time, the new generation takes a stand to give homosexuals a chance to get married. The Supreme Court argues about same-sex marriage laws versus traditional marriage laws, religion, and economic benefits. The government must legalize same-sex marriage in every state to protect the rights guaranteed by the Constitution. Same-sex marriage versus traditional marriage consists of many problems especially with the constitution and its laws. As of 2013, 11 states legalized gay marriage; the other 39 states banned it due to constitutional amendments (Sanders). However, under the Equal Protection law of the Fourteenth Amendment, mandates, “No state shall make or enforce any law which shall abridge the privilege or immunities of citizens of the U.S., 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” (Hudson 18). There are many rights same-sex couples will acquire if same-sex marriage is legalized. Same-sex couples want the same rights that heterosexual couples have (Sember). There are over 100 legal rights for married couples. If an emergency, such as a health crisis occurs between gay couples, they have no say so in any of the healthcare decisions of their partner (Sember). Same-sex couples have no legal rights no matter how long they have been together just simply because they do not have a civil union. Benefits are one reason why same-sex couples want to have marriage legalized. While same-sex couples can protect themselves by creating wills and powers of attorneys, this monetary benefit does not come close to the advantages a couple receives from being married (Sember). The most fundamental issue when addressing same-sex marriage is the definition of marriage itself. “The U.S. Supreme Court has said the ability to marry the person of one’s choosing is a basic freedom in a free society” (Hudson). Society should not be determining what two people can or cannot do when no one else is hurt in the process. DOMA, also known as the Defense of Marriage Act, is unconstitutional because it discriminates against people based on their sexuality (Williams). DOMA says, “that legally married same-sex couples cannot enjoy the range of financial and other benefits enjoyed by heterosexual married couples” (Williams). Supporters of same-sex marriage would be happy to have Congress adopt an inclusive definition of marriage that would benefit same-sex couples even in states where gay marriage was illegal. What outrageous about DOMA is that it overrides state’s rights; also, that it violates the rights of gay couples (Williams). Basic arguments against same-sex marriage include religion and tradition. The Supreme Court and most of the United States churches currently ban same-sex marriages. “Society traditionally recognizes marriage as a union of a man and a woman” (Hudson 26). The United States has always differentiated between church and state; therefore, the Constitution and the Bible are not, in this country, lawfully equivalent. Because of the first amendment rights to freedom of religion, not everyone has to believe in God and thereby abide by rules (Hudson). Most states now realize that legalizing same-sex marriage will boost the economy. The six states to legalize gay marriage are getting most of an economy boost. Because these states allow the marriage, couples spend money on lavish wedding and honeymoons, increasing state revenues. The wedding costs alone are about $57 million in just the first year. The tax revenues are most likely to go up about eight million in the first year (Kastanis).  Also, same-sex couples have two working adults in the household then most traditional families therefore; the married couple combined income can boost them in a higher income tax bracket. (Nathaniel) Also, “the social security spending will increase because the partner of a deceased worker would receive 100 percent of the worker’s benefits” (Kostigen). “The Williams Institute at the UCLA School of Law puts the economic benefit of same sex marriage at $42 million, including: $28 million for a rush of weddings, $14 million generated by out of town guests, $3 million in tax revenues, and 238 new jobs, mostly in tourism” (CBS). The number of children living with same-sex parents has doubled since 2000. Homophobia raised past controversy does not affect them. (Sember) These progressive birth parents consider domestic stability, relationship quality and financial security. (Sember) However, if you are gay and wish to adopt, whether you are single or a couple matters the most. Ironically, the same people who argue that children need two-parent homes do not extend that towards gay parents. (Sember) Even so, the number of states allowing gay couples to adopt has nearly tripled in six years.

In conclusion, legalizing same-sex marriage remains an issue that one person cannot create a reality alone; only by both the church and the federal government in total agreement will justified. Also, raises the economy. Increase the adoption rate and decreases divorce rate. For those reasons alone, gay Americans should have the constitutional ability to marry. Work Cited

"Defining Marriage: Defense of Marriage Acts and Same-Sex Marriage Laws." NCSL Home. N.p., n.d. Web. 15 Apr. 2013. "same-sex marriage." Encyclopædia Britannica. Encyclopædia Britannica Online School Edition. Encyclopædia Britannica, Inc., 2013. Web.18 Apr.  2013. Badgett, M. L. (2013, March 29). The Economic Benefits of Gay Marriage. PBS NewsHour. PBS: Public Broadcasting Service. Retrieved April 16, 2013. CBS. "Reality Check: Economic Impact Of Gay Marriage « CBS Minnesota." CBS Minnesota. N.p., 7 May 2013. Web. 4 June 2013. Hudson. David L. Gay rights. Philadelphia: Chelsea House, 2005. Print. Kastanis, A., Badgett, M. L., & Herman, J. (n.d.). The Economic Impact of Extending Marriage to Same-Sex Couples in Washington State Williams Institute. Williams Institute A national think tank at UCLA Law dedicated to conducting rigorous, independent research on sexual orientation and gender identity law and public policy. Retrieved April 16, 2013. Kostigen, T. (2009, May 8). Economic benefits of gay marriage - MarketWatch. Featured Articles From The MarketWatch. Retrieved April 16, 2013. Nathaniel, J. (n.d.). Gay Marriage is Good for the Economy: It Increases Government Revenue and Creates Jobs. Policymic. Retrieved April 16, 2013. NeJaime, Douglas. "Marriage Inequality: Same-Sex Relationships, Religious Exemptions, And The Production Of Sexual Orientation Discrimination." California Law Review 100.5 (2012): 1169. Business Source Main Edition. Web. 11 Apr. 2013. Sanders, Steve. "The Constitutional Right To (Keep Your) Same-Sex Marriage." Michigan Law Review 110.8 (2012): 1421. MasterFILE Main Edition. Web. 11 Apr. 2013. Sember, Brette. Gay & Lesbian Rights. Second ed. Naperville: Sphinx Publishing, An Imprint of Sourcebooks, Inc., 2006. Print. Williams, Pete. "Supreme Court Likely to Advance Gay Marriage but Stop Short of Broad Ruling NBC Politics." NBC Politics. N.p., 29 Mar. 2013. Web. 15 Apr. 2013.

Cite This Document

Related Documents

  • same sex marriage

    ... Same Sex Marriage Hollingsworth v. Perry With the addition of the 14th amendment to the US Constitution came the equal protection clause, and the due process clause. The equal protection clause requires that all people be treated fairly and the due process clause prohibits government form depriving a person’s life, liberty or property...

    Read More
  • Same-Sex Marriages

    ...Oswaldo Garcia 11/21/2011 English Composition II (ENGL 1312) Same-sex marriages should be allowed in the U.S. Strawman | Same-sex marriages should be allowed in the U.S. In the progression of American society, America has learned to overcome many challenges that include: slavery, women suffrage, and segregation. For homosexual coup...

    Read More
  • Same Sex Marriage

    ...Supporters also believe that Gays should be allows the same benefits as regular married couples. For instance, only through marriage do same sex couples have the rights to their partner's insurance benefits, Social Security, Medicare, or property inheritance. Also, without a legally recognized marriage, gay partners cannot be acknowledged as nex...

    Read More
  • Same-sex Marriage

    ...Same-Sex Marriage Approximately 11 million Americans identify as gay, lesbian, or bisexual, yet despite this figure being such a substantial portion of the United States population, these Americans still have to battle for equal rights. Same-sex marriage is arguably the most exposed and tensest issue that surrounds the LGBT (Lesbian, Gay, Bi...

    Read More
  • Same Sex Marriage

    ... Same Sex Marriage For decades in the past, minority groups in the United States have fought for civil rights. Now, it is the gay community who struggles with establishing equality within a culturally diverse nation, especially when it comes to legalizing a relationship that is known to be between a husband and wife- marriage. Gay a...

    Read More
  • Same Sex Marriage

    ...[WHEN IS THE RIGHT TIME FOR SAME-SEX COUPLES TO RECIVE THEIR RIGHTS?] What effects does DOMA have on same-sex couples while they try to receive their martial rights? How does it hold same-sex couples back from reviving their legal rights and benefits? What moral effect do conservative republicans take? Civil unions and partnership don’t wit...

    Read More
  • Same-Sex Equality

    ...Same-Sex Equality xxxxxxxxx COMM/215 June 13, 2013 xxxxxxxxxxxx Same-Sex Equality Think of a feature or a characteristic that more than one person has, imagine that those individuals with those features and characteristic are not given the same laws and rights as everyone else because there different there kind is denied certain consti...

    Read More
  • Same Sex Marriage: a Conflict of Views

    ...Blaine Kinne Period one February 14, 2013 English III Honors Same-Sex Marriage: A Conflict of Views Throughout time marriage equality for same-sex couples has been non-existent. Now, gay rights are at the forefront of political and social reform. Same-sex marriage has recently become a fiercely debated topic; however, only nine st...

    Read More

Discover the Best Free Essays on StudyMode

Conquer writer's block once and for all.

High Quality Essays

Our library contains thousands of carefully selected free research papers and essays.

Popular Topics

No matter the topic you're researching, chances are we have it covered.