Gay Marriages Essay

1377 words - 6 pages

Gay MarriageGay marriage is one of the most controversial issues facing this country. Many argue that it violates religious principles and morals; however, this should not be the justification for prohibiting same sex marriage. From a legal standpoint there is no justification in the Constitution for a law that would prohibit all unions except between a man and a woman. However, there is a federal law, the DOMA (Defense of Marriage Act), which defines marriage as a union between a man and a woman. There are financial, economic and other special rights granted to married couples, however these rights are denied to gay marriages.Marriage is the highest expression of love between two people, ...view middle of the document...

President Bush is two-faced on the issue of gay marriage, and as a result he is causing more harm than good. In a recent interview President Bush asserted that, "'marriage is between a man and a woman, and I think we ought to codify that one way or another'" (Bush). It is because of this closed mindedness that the nation is having trouble moving forward. The most state governments have taken steps in not recognizing gay marriage, however, some have taken this a step further by attempting to dictate what people can and cannot do in the bedroom.In a recent Supreme Court case a Texas law that prohibited individuals of the same gender from having sex. The law stated that, "A person commits an offense if he engages in deviate sexual intercourse with another individual of the same sex." (John). Two men were found by a police officer having sex; they were arrested charged and convicted. They appealed their case on the grounds that they were denied Equal Protection as granted by the 14th Amendment. Their appeal to the Texas Supreme Court was denied and the decision was upheld. The United States Supreme Court granted the plaintiffs certiorari and overturned the Texas conviction and upheld the defendant's right to privacy the bedroom. According to Justice Kennedy who delivered the Courts opinionLiberty protects the person from unwarranted government intrusions into a dwelling or other private places. In our tradition the State is not omnipresent in the home. And there are other spheres of our lives and existence, outside the home, where the State should not be a dominant presence. Freedom extends beyond spatial bounds. Liberty presumes an autonomy of self that includes freedom of thought, belief, expression, and certain intimate conduct. The instant case involves liberty of the person both in its spatial and more transcendent dimensions (John)This is the first step towards the next evolution of society and morality. This decision voids a previous ruling made in 1986, which had asserted that, "the Constitution does not confer a fundamental right upon homosexuals to engage in sodomy". The Massachusetts state supreme court was quick to make homosexual marriages legal and to recognize same sex unions (Harper). While the July ruling doesn't repeal the DOMA it is the first step towards a sexually free nation.All heterosexual married couples are granted many benefits that are not given to gay couples because their unions are not recognized by the government. There is a great economic advantage to being married, and this is denied to gay couples. Couples are given tax breaks by filing their taxes jointly, which usually saves them money. There are also the rights of legal spouses, such as medical decisions involving DNR orders, jurisprudence, and inheritance. All these rights are not given to gay...

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