Gay Rights To Marriage Essay Research Paper

Gay Rights To Marriage Essay, Research Paper

Crystal Bloom

Miss Hahn

English 1113

November 22, 2000

Homosexuals Should Have the Right

My aunt, who lives in Missouri, has had a loving spouse for about four old ages. They are both tribades and want to acquire married someday when the jurisprudence allows. I asked them to direct me a missive on some of their ideas on same-sex matrimony. Out of her four-page missive I pulled this answer out, & # 8220 ; If two people of the same sex choose to do a life together I feel that they should hold the same rights as a adult male and adult females would hold one time they are married, but the existent kicker is & # 8230 ; . That a adult male and adult females can populate together X figure of old ages and can be considered by common jurisprudence as a legal hubby and married woman. So for two twosomes of the same sex we should hold the same rights as a adult male and adult female does. For illustration wellness insurance, if one has insurance thru his or her employment it would be of great benefit to set your mate on your policy. & # 8221 ; So, why can & # 8217 ; t my & # 8220 ; aunts & # 8221 ; acquire married? It is illegal, as of now, to hold same-sex matrimonies. Should these people have the same rights as heterosexual twosomes? I think so, because homosexual twosomes are existent people, in existent relationships, committed to each other the same manner in which a heterosexual twosome is committed to each other. I believe these people should hold the same rights as everyone else.

Justice Anthony Kennedy writes for the bulk of the Supreme Court in the determination in turn overing Colorado & # 8217 ; s Amendment 2 referendum. & # 8220 ; We can non accept the position that Amendment 2 & # 8217 ; s prohibition on specific legal protection does no more than deprive homophiles of particular rights. On the other manus, the amendment imposes a particular disablement on those individuals entirely. Homosexuals are out the precautions that other enjoy or may seek without restraint & # 8221 ; ( NetFirst ) . & # 8220 ; A province can non hold a category of individuals a alien to its Torahs, & # 8221 ; declared the Supreme Court, in 1996 ( Qt in Eskridge ) . Gay work forces and adult females are citizens, entitled, like everyone else, to equal protection. Not any particular rights, but the 1s created in The Declaration of Independence. The inalienable rights to Life, Liberty, and the chase of Happiness are guaranteed to the citizens of the United States.

It is non common cognition that about three out of four people support homosexuals rights ( NetFirst ) ? But at the same clip the same per centum of people oppose cheery matrimony ( NetFirst ) . How can people be that insincere? One of the grounds is the definition of matrimony has changed throughout the old ages. It one time was held that matrimony was between a adult male and adult females. Then for centuries, matrimonies were a contract in which the married woman was her hubby & # 8217 ; s belongings, and we have changed that over clip to suit our demands and wants. Later, the definition changed to marriage between two people of the same race, and one time once more we changed it to suit our ain definition.

Definitions of matrimony vary from province to province. In Minnesota, the Supreme Court held that the right to get married was unsuitable to same-sex brotherhoods because matrimony, by definition, requires a adult male and adult female, non two work forces ( Eskridge ) . But on March 17, 1997, Maryland homosexual right militants won a conflict against statute law, which tried to censor the acknowledgment of same-sex matrimonies. Evan Wolfson, a homosexual rights militant provinces, & # 8220 ; Time and clip once more people say we can & # 8217 ; t win these battles. But sometimes we do & # 8221 ; ( Advocate ) . Gay right militants won another little conflict in the province of New Jersey. The little triumph was that the tribunal recognized the matrimony of a post-operative male-to-female transsexual and a biological male ( Eskridge ) .

Another ground people fight against homosexual matrimonies is the topic of raising kids. If two people of the same sex can non raise kids, so why are liquidators, convicted criminals of all kind, even known kid molesters allowed to acquire married and convey kids into their heterosexual matrimonies? Desiring a household is non a bad thing and the conservativists in this state should recognize that they are beliing their belief system by opposing same-sex matrimonies. The fact is many homosexuals twosomes do raise kids. They either adopt the kids and/or on occasion have their ain biological kids from failed efforts at heterosexual matrimonies. Many surveies have shown that the results of the kids raised in homosexual places are merely every bit good as those kids coming out of heterosexual places. Psychologists tell us that the difference is the love received by the parents, non their gender ( NetFirst ) . Surveies are really clear about the love received by the kids, and cheery people have the same sum of love to give to kids, as anyone else does ( NetFirst ) .

Gay relationships are immoral. Why? Who said so? The Bible? I don & # 8217 ; t think so. Does non the Bible Tell people to follow the Golden Rule, which is to make unto others, as you would hold others do unto you? The Bible has no standing in American jurisprudence, and gives no 1 the right to enforce regulation on anyone else because they perceive it be mandated by the Bible. Buddhism celebrates homosexuals relationships freely, and would wish to hold the authorization to do them legal matrimonies ( NetFirst ) . Western United Methodist churches have been taking the battle for greater inclusion of homosexuals and tribades. Sixty-eight curates performed a same-sex brotherhood service for two tribades, in January 1999. United Methodist churches in 12 western provinces vowed to work for the, & # 8220 ; full engagement at all degrees in the life of the church and society & # 8221 ; for homosexuals and tribades ( Christian Century ) . The determinations made at the General Conference do non needfully stand for the positions of everyone in the church. & # 8220 ; For me, the hope is to allow folks in the church and who are no longer in the church to cognize? the quest for justness is non over, & # 8221 ; said Sharon Rhodes-Wickett, a Los Angeles curate ( Christian Century ) . Scott Bidstrup argues that, if one believes cheery relationships to be immoral, yet one believes in spiritual freedom, so the acknowledgment that resistance to gay matrimonies is based

on spiritual factors is ground adequate to annul this statement ( NetFirst ) .

Three same-sex twosomes were actioning the province of Hawaii because they felt that their rights listed in the Hawaii fundamental law were being violated. Harmonizing to John P. Felfmeier, on May 5, 1993, the Supreme Court of Hawaii issued an sentiment keeping that the province & # 8217 ; s refusal to acknowledge same-sex matrimonies would be found unconstitutional unless the province could back up such a prohibition by a compelling involvement. In Hawaii & # 8217 ; s Constitution, Article I, Section 5, reads: & # 8220 ; No individuals shall be deprived of life, autonomy, or belongings without due procedure of jurisprudence, nor be denied the equal protection of the Torahs, non be denied the enjoyment of the individual & # 8217 ; s civil rights or be discriminated against in the exercising thereof because of race, faith, sex or lineage & # 8221 ; ( Eskridge ) .

On September 21, 1996, President Clinton signed into the jurisprudence the Defense of Marriage Act ( DOMA ) , which grants states the right to disregard same-sex matrimonies contracted in other provinces, and creates a federal definition of matrimony, which excludes same-sex twosomes, to be applied in connexion with all federal legislative acts and plans. Does this act that the President of the United States base on balls seem unconstitutional? Under Article IV of the U.S. Constitution, is the full religion and recognition clause, which states that provinces are apparently required to honour the public Acts of the Apostless of other provinces, such as matrimony. Richard D. Mohr writes this celebrated exchange between two people speaking about the DOMA Torahs a few old ages ago, as portion of a House subcommittee hearing on the alleged DOMA, Barney Frank grilled DOMA co-sponsor Henry Hyde to a revelatory consequence. Frank got Hyde to acknowledge that if homosexuals got married, they would take perfectly nil off from Hyde & # 8217 ; s ain matrimony or, by extension, from any other current American matrimony ( Gay & A ; Lesbian Review ) . This act was passed to exert the federal power to coerce the possible legality of same-sex matrimony in Hawaii. Why do we as a state demand this act? It is know aparting to gay and sapphic twosomes and should be illegal.

I can understand people who oppose cheery matrimonies. They are merely non comfy with the thought. The fact that people are non comfy with the thought stems from the fact that for many old ages, society has promoted the thought that a matrimony between same-sex is someway immoral, chiefly because of the expostulations stated above. But, I don & # 8217 ; t think that those expostulations make sense, and the thought of cheery matrimony should non sound so utmost. These are existent people who want the same rights as everyone else in America, the rights to marriage. David A.J. Richards says, & # 8220 ; That same-sex matrimony is non a menace to marriage, but a acknowledgment of matrimony & # 8217 ; s deeper moral values and the principled amplification of those values to all individuals ; the instance for legitimacy of cheery matrimony crucially rest on the value ( existent and symbolic ) moderately placed in our civilization on matrimony and household life, and argues, as a affair of rule, for just extension of that value to all individuals on just footings & # 8221 ; ( Richards ) .

There has been progress in legalising same-sex matrimonies, but more demands to be done about it. That is why this issue has started to turn into a civil rights issue. The fact is, mentioning to affair, that the twosomes can non do medical determinations for their spouses in an exigency. My aunt made an interesting statement here. This is what she had to state in her missive, & # 8220 ; The concluding and most of import affair to me is, say if I was involved in an accident and I needed to be put on life support and I didn & # 8217 ; Ts have a life will do out to state Do Not Revive and my lover knew really good how I felt, that I would non desire to be put on any machines of any sort, all it would take is for one LEGAL household member to step in and over see what my lover knows on how I feel and want. & # 8221 ; Say a spouse is arrested ; the other is forced by the authorities to attest against them or supply grounds against them, which lawfully married twosomes are non forced to make ( NetFirst ) . Why are we striping cheery twosome of their rights? They are the boies and girls of infinite female parents and male parents, with all the failing and strengths and hope of everyone else. They want and desire love. We need to halt discriminating against those who are different from us, and allow the homosexual and sapphic twosomes attain their felicity in same-sex matrimonies.

Plants Cited

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& # 8220 ; Death of a Gay Marriage Ban. & # 8221 ; Advocate. 732. 1 Nov 2000. *http: //ehostgw11? anTerm=same % 2dsex % 20marriages & A ; fuzzyTerm=* .

Eskridge, William. Gaylaw: Challenging the Apartheid of the Closet. Cambridge:

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Feldmeier, John P. & # 8220 ; Federalism and Full Faith and Credit: Most States Recognize Out-Of-State Same-Sex Marriages. & # 8221 ; Publius. 25, no.4 ( Fall 1995 ) : 107. Ed. DanielElazar and John Kincaid. CD-ROM. Information Access. Nov 2000.

& # 8220 ; Methodist churchs Protest Church Policy on Gays. & # 8221 ; Christian Century. 117.22. 1 Nov 2000. *http: // ehostgw11? m=same20 % 2dsex % 20marriages & A ; fuzzyTerm=* .

Mohr, Richard. A More Perfect Union: Why Straight America Must Stand Up For GayRights. Boston: Beacon Press, 1994.

Richards, David. Women, Gays, and the Fundamental law: The Grounds for Feminist and GayRight in Culture and Law. Chicago: University of Chicago Press, 1998.

Ruskay-Kidd, Scott. & # 8220 ; The Defense of Marriage Act and the Overextension ofCongressional Authority. & # 8221 ; Columbia Law Review. 97, no 5 ( June 01, 1997 ) :1435. CD-ROM. Information Access. Nov 2000.


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