Paper Summary:

This paper examines the controversial topic of what constitutes a marriage and what unions between partners are worthy of the state and federal government's institutional protection. The paper looks at how this applies to gay marriages and then presents legal arguments and looks at social and private values that support the individual's right to a homosexual marriage.

From the Paper:

"What makes a marriage, in the eyes of society and the eyes of the law? As this paper is being written, President George W. Bush has called for a constitutional amendment upholding the idea that marriage is an institutional bond that can exist only between a man and a woman. Somewhat belying his claim that this idea is purely legal in its nature, however, is his stress that a constitutional amendment is required to sustain this principle on a federal level. Bush is essentially attempting to pass judgment to all of the state legislatures of the land, forcing them to comply with upholding a singular and specific ideal regarding what constitutes a marriage. This goes against some of the past, predominant legal strictures of this nation, which has left defining and limiting marriage to states and communities, rather than to the nation as a whole. However, setting unified standards regarding marriage on a national level, in Bush's defense, is not without precedent. (Loving v. Virginia, Arleen, 48-49)"

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