The topic of same sex marriages in the United States of America is very controversial and an ongoing political matter at the moment. Of the 50 states that form the United States of America, 37 have already legalized same sex marriages. States such as Kentucky, Ohio, Tennessee and 10 others however have not legalized same sex marriages and the laws of these states are being contested by educated, gay and lesbian couples who wish to be seen as legally married in front of the law. The Defense of Marriage Act was set in place in 1996 by the American federal government and it stopped the federal government from recognizing same sex marriages as legal in terms of the law. This essay will explain arguments for upholding and opposing the ban. The essay …show more content…
A key aspect that is associated with defending the ban would be when you begin to look at what the role of marriage is within a classic American context. As far back as 1979, people such as Eisenstein have believed that Karl Marx was very wise in his teachings and that through his work “a theory of relations of reproduction” (Yanagisako, S. & Collier, J. 1987) should be made. This theory would have to incorporate the role of women and take a feminist approach to the Marxist theory itself. In many of Marx’s discussions he speaks about how women are seen and labeled as the means of reproduction. Gender and kinship studies are defined by our folk conception of human reproduction. This would suggest, for example, in an industrial society that women have a function to serve and that work would be reproduction. Specifically in this case the term reproduction is referring to the ability to physically generate labor power through more people being born. Reproductive activity is used here as a short-hand for the whole set of women’s household activities: childbearing, child rearing, and day to day management of the consumption and production of services for household members. (Tilly, L. & Scott, J. 1980). This statement elaborates more on the role of women in terms of a gender category …show more content…
Gates states in his online article,” Why the American family needs same sex parent.” In 2005 that since the 1970s births outside of wedlock had grown rapidly and therefor allowing same-sex marriage would benefit children. These same sex families are far more likely to adopt a child than the average heterosexual family. Studies suggest that children raised in a family that has a stable environment at home with two loving parents in a relationship, often married, are far more likely to benefit from having two parents than children who don’t have two parents. The sexual orientation of the parents did not affect the results of the study. Fortunately for a lot of gay men and lesbian women the view of parenthood, marriage and all other kinship relationships are viewed as social relationships and not biological ones any longer. This would have been due to the fact that in modern day society people place a great deal of emphasis on sociocultural characteristics rather than biological bonds. An argument begins to form when asked if these gay couples are within their legal boundaries when they challenge the Defense of Marriage Act as they can argue that they are being denied the 14th amendment which addresses the rights of citizens living and born on United States soil. All Americans are equal before the law and deserve equal rights. It could also be argued that marriage is the joining of two people based on love and trust that commit themselves to a long term relationship. This
Why she decide to write about gay marriage as well as giving readers background to how the issue has affected the world and what people think about it. She challenges people to think more on why they are opposed to gay marriage stating, “Will someone please explain to me how permitting gays and lesbians to marry threatens the institution of marriage? Now that the Massachusetts Supreme Court has declared gay marriage a constitutional right, opponents really have to get their arguments in line” (Pollitt 560). It sets up her main idea of the essay and of each paragraph. Her questions help lead her thoughts into what people have been using as an excuse for opposing gay
This paper focuses on the Supreme Court case Obergefell v. Hodges (2015). This paper will give an overview of the case, the major arguments made by the plaitiffs and the defendents, as well as how the case has affected other rulings. This case has answered many legal questions and will shape any future cases that deal with gay marriage, possibly even equal rights. Deatiled CH: James Obergefell and John Arthur was a same-sex couple and was married on July 11, 2013 on a medical transport plan on the tarmac at the airport in Baltimore, Maryland due to Arthur being unable to move (3,2) .
Hodges (2015) the Supreme Court held that the Due Process Clause of the Fourteenth Amendment guarantees the right to marry as one of the fundamental liberties it protects, applying to same-sex couples the same as opposite-sex couples. This case was brought forward by numerous groups of same-sex couples who were suing their relevant state agencies to challenge the constitutionality of those states’ same-sex marriage laws. The Supreme Court found that there is no difference between same-sex marriages and opposite-sex marriages, therefore, the exclusion of same-sex couples from the right to marry violates the Due Process Clause. This is policy making because the Supreme Court forced states to change their laws by deciding that it was against the constitution to not only ban the recognition of same-sex marriages that occurred in states that allowed it, but also making same-sex marriage legal in all states. Government officials even those who do not believe in the law change must abide by it, by allowing same-sex couples their now legal right to be married and receive the benefits that opposite-sex married couples receive; changing the way that citizens and the government interact in societal ways but also financial
“Once known, the fact that a person is a homosexual or a member of a racial minority group is regarded by members of the majority group (heterosexuals, Whites) as one of the most important pieces of information about her or him (Hereck).” The law of marriage only to opposite couples had affected a large portion of people that had different sexualities. This law encouraged people to go out and fight for their rights by starting petitions and protests as well. In this case, I believe that it was also seen as an unjust law, where it was only fair to part of the
When debating the legalization of same sex marriage, religious reasoning and accusations of bigotry often provoke obstinance. Instead of reiterating those arguments, William J. Bennett, a prominent cultural conservative, former secretary of education, and author of The Book of Virtues, focuses on societal effects in his op-ed article, “Against Gay Marriage.” Though Bennett’s piece conveys partiality, it also attempts to discuss this issue scrupulously to ensure readers will consider his argument and perhaps accept his implications. While some of Bennett’s word choices convey tolerance of the gay community, his rhetoric incites readers to accept that preserving society requires marginalizing homosexuals.
In spite of the fact that a privilege to marry is not listed in the Constitution, the Court said that such a privilege is covered under the Fourteenth Amendment in light of the fact that such choices are vital to our survival and our values. Accordingly, they should essentially reside with the individual instead of with the state. This choice is a conflict with the popular argument that something cannot be an actual constitutional right unless it is spelled out straightforwardly in the U.S. Constitution. It additionally stands out amongst the most imperative models on the general thought of common uniformity, clarifying that essential social equality is basic to our reality and cannot really be restricted on the grounds that a few people trust that their god can 't help
Matthew Feeler Political Science 101 M/W Byron 11/17/16 Midterm: Question 1 The 14th Amendment was created after the civil war in 1868 and the underlying premise of the amendment gives equal protection and rights to slaves. This main idea was obviously the cause of the civil war and gaining freedom from slaves. Although, another part of the Amendment was what is known as the “due process” in which citizens are granted rights to life, liberty, and property. A huge topic of controversy for years has been the idea of same-sex couples being able to marry, and recently in 2015 the supreme court ruled that same sex marriage is legal which to some was very surprising, although some believe that with the 14th amendment, this is a right that should
Firstly, marriage and abortion are compromised by the ninth amendment. In the Roe v. Wade case in 1971, the Supreme Court failed to tell a Texas resident, who sought to abort her baby, that they had no jurisdiction over the matter and that she was protected under the government. However, Texas laws prohibited the termination of her pregnancy and therefore
In 2015, the Obergefell v. Hodges case ended the “state bans on same-sex marriage”, therefore legalizing same-sex marriage (Important Supreme Court Cases). Now, “same-sex couples can now receive the benefits...of marriage that were largely exclusive to heterosexual couples” (Koch). The ruling has led to the modern fight for gay civil rights. Exposure to the LGBTQ+ community, the southern “Bathroom Bills”, and other fights for transgender rights, and the press for more LGBTQ+ representation in the media has erupted from this case. Both rulings had very big impacts on their respective communities.
When people talk about the homosexual life style, typically the first thing that follows is how it is against the religion of many, which then leads people to deny the idea of ever letting a same-sex couple adopt a child. Though in their religion it may be wrong to live “that lifestyle”, who is to say whose religion or belief is wrong or right. Not all people live their lives in a religious way and due to this, sometimes the idea of religion should be removed from the situation so that another point of view can be seen. Another reason same-sex adoption is seen so negatively is because of the idea that a child must have both a mother and father in their lives to be happy and healthy(Fitzgibbons). This perspective is one that seems to be the biggest problem for most people when it comes to the idea of a same-sex couple adopting a child.
It can be hard to find your political view. Sometimes it takes time and research on political issues in our country and around the world. There are two popular political views; conservative and liberal. The definition for a conservative; is holding to traditional attitudes and values and cautious about change or innovation, typically in relation to politics or religion. Liberal definition is; open to new behavior or opinions and willing to discard traditional values.
The focus of this paper is to shed light to the fact that there are health disparities within the lesbian, gay, bisexual, and trans* (LGBT) population. When a couple is granted the right to marry, it becomes possible for health insurance companies to recognize that. As a result, all family members are covered by whoever’s employer offers the best plan. Married couples and families are then able to access health care when needed. Whereas heterosexual couples who are married and have families are able to be on one joint health insurance plan, LGBT couples do not have the same luxury.
Marriage is a contract between two people and honestly I think that the society should not be interfering this bond. Not permitting the right to marry another human is a severe violation of the human rights and freedom. James Carville “I was against gay marriage until I realized that I didn’t have one.” The statement is self-explanatory: “You don’t get to judge because you don’t have the
Perry we see the issue regarding the major political issue of the legalization of same-sex marriages. While some individuals rebuke or chastise homosexuality, other individuals will embrace it as just another aspect of life a average norm to be. We must questions the reason for the early determination of same sex marriage constitutionality. When it comes down to it, our society is just making it illegal for people that live their lives differently from the majority of us. It is inequitable for our government to decide on whether or not homosexuals can be married.
Marriage brings legal rights that secure a couple that if not wedded, they should not have. Then again, some contend that gay person marriage may make issue bring up a youngster and upset the normal, natural reproduction of humanity (Burns, 2005). Thesis Statement Supporting gay marriage will bring peace and equality in the society and will promote better relationships and parenting. Changing Views on Traditional Marriage