Constitutional Amendment

Paper Summary:

This paper argues that the proposed amendment to the U.S. Constitution, the Federal Marriage Amendment, represents a repudiation of the rights and freedoms already granted to all citizens in the Constitution because its intended purpose is to deny gays and lesbians the right to a legal marriage. The paper contends that a better amendment regarding the institution of marriage would be the Amendment for Total Equality because it would guarantee to all citizens the legal rights and benefits of marriage and seeks to prevent and, ultimately, eliminate legal discrimination against homosexuals.

From the Paper:

"The definition of civil marriage is currently defined by state law. According to the Federalist principles underlying the creation of the union, individual states have the right to define the legal parameters of marriage: "the state is free to set limits to the circumstances in which marriage may be permitted, and judicial interpretation thereof," ("Federal Marriage Amendment" 2004). The federal government cannot offer a blanket definition of marriage. However, a proposed amendment to the Constitution of the United States: H.J. Res 56, would place universal parameters on the definition of the social institution. Also called the Federal Marriage Amendment, the proposal reads: "Marriage in the United States shall consist only of the union of a man and a woman. Neither this Constitution or the constitution of any State, nor state or federal law, shall be construed to require that marital status or the legal incidents thereof be conferred upon unmarried couples or groups," ("Federal Marriage Amendment" Section One, cited by Longley 2004). Support for H.J. Res 56 is relatively strong. Its proponents seek primarily to prevent gays and lesbians from being able to legally marry."

More papers on Constitutional Amendment:

• Essay # 46244 : "The Balanced Budget Constitutional Amendment"
• Essay # 51405 : "Victims? Rights Constitutional Amendment"
• Argumentative Essay # 54206 : "Federal Marriage Constitutional Amendment"

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