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Constitutionality of Same-Sex Marriage, 2008.
This paper discusses whether the denial of same sex-marriage is unconstitutional.
820 words (approx. 3.3 pages), 13 sources, APA, $ 29.95
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Abstract
In this article the writer examines the constitutionality of bans on same-sex marriage. The writer reports on the analytic framework at issue in a case litigating constitutionality of an issue of this nature, and reports on decisions in recent cases from courts in Vermont, Massachusetts, New York, New Jersey, and California. The writer concludes that there have been differing interpretations on this issue, but the majority of courts have ruled that there is no fundamental right to same-sex marriage, so that the ban on same-sex marriage is not unconstitutional.
From the Paper
"On the other hand, if the right does not affect a fundamental right, and is based on a non-suspect classification, it will be upheld so long as it reflects a "rational classification." Fundamental rights include those in the bill of rights. Suspect class is generally limited to race."
"Thus: is the right to marry a same-sex partner fundamental? The Supreme Court, in Loving v. Virginia, 388 U.S. 1 (1967), called marriage a fundamental right -- for a heterosexual couple.
"State courts to date have reached different conclusions. Massachusetts ruled marriage is a fundamental right, upholding same-sex marriage under the state constitution in Goodridge v. Department of Public Health (2003). (Grossman; Burge) In that case, a trial court ruled that the purpose of marriage was procreation."
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Same Sex Marriage, 2005.
An argument for the constitutional legitimacy of same sex marriages in Canada.
2,025 words (approx. 8.1 pages), 3 sources, $ 80.95
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Abstract
This paper analyzes the policy in the constitution of Canada regarding same sex marriages. The paper argues that same sex marriages are constitutional because they follow the spirit of the charter of rights and freedoms. This means that everyone's rights are being respected and to make them illegal would be to trample human rights.
From the Paper
"Same Sex Marriage in Canada is it Constitutional? Same-sex marriage has become one of the most controversial issues in Canada. Gay and lesbian couples are obviously very fond of the idea and believe it is a natural extension of their human rights(Alderson 107). Many religious leaders and conservatives believe that same-sex marriage is a fundamental attack on their faiths and or value systems (Todd A.5). Essentially the argument is based on determining which group's human rights will be least damaged by any particular decision. With these arguments in mind the next question that should be asked is what type of policy could be used to make same-sex marriage legal and constitutional?"
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Same-Sex Marriage Law, 2008.
This paper discusses the constitutionality of the same-sex marriage law in Canada.
750 words (approx. 3.0 pages), 3 sources, MLA, $ 26.95
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Abstract
In this article, the writer notes that the controversial issue of same-sex marriage has dominated both floors of the Canadian Parliament for nearly a decade. The writer points out that while legislators were decidedly split on the issue during its first inception into legislative committees, the Canadian citizenry pleaded with their legislators to push for the legalization of same-sex marriages. The writer discusses that effective July 20, 2005, the Civil Marriage Act took full effect however, many of the bill's opponents vowed to rescind the bill once the balance of power shifted. The writer concludes that in accordance with the Canadian Charter of Rights, the Civil Marriage Act upholds its pledge to treat every citizen equally, in addition to recognizing the equality of minorities and the rights of those in the minority.
From the Paper
"The main challenge for proponents of the Civil Marriage Act was not only to ensure the equal rights for same-sex marriages, but also to uphold the religious freedom also outlined in the Charter of Rights. Dissenters argue that religious freedom is still violated by this bill, however the Civil Marriage Act is very explicit on religious institutions. Religious groups and institutions are not to be forced to wed those who seek same-sex marriage, and it is not the responsibility of the government to enforce federal power over religious groups to provide said service to those seeking a wedding.
"More importantly, a good amount of time was spent incorporating the Civil Marriage Act into other pieces of legislation."
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"The Fundamental Argument for Same-Sex Marriage", 2005.
An argument in favor of same-sex marriages, based on the article, "The Fundamental Argument for Same-Sex Marriage," by Ralph Wedgwood.
1,575 words (approx. 6.3 pages), 2 sources, $ 62.95
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Abstract
This paper reviews the article "The Fundamental Argument for Same-Sex Marriage," by Ralph Wedgwood. The paper discusses the arguments in the article in favor of same-sex marriage. It analyzes the history of same-sex marriages and looks at the efforts to lobby the government to legitimize these marriages as equal rights.
From the Paper
"A Critical Review of "The Fundamental Argument for Same-Sex Marriage," by Ralph Wedgwood Same-sex relationships have been part of human life for thousands of years. During those years, people in those relationships have sought some kind of legitimacy for them. Recently, efforts have been made to gain both legal and societal acceptance of same-sex marriages. These efforts have been made largely in the political arena, with various groups lobbying for what they term as equal rights under the law. Ralph Wedgwood addresses the objections that accompany this argument in his article, "The Fundamental Argument for Same-Sex Marriage." "
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Same-Sex Marriage, 2004.
Is same-sex marriage a civil rights issue? This paper considers major arguments against same-sex marriage and contrasts them with arguments in favor of it.
2,045 words (approx. 8.2 pages), 6 sources, MLA, $ 64.95
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Abstract
This paper focuses on religion, the influence of religion on politics, the Federal Marriage Amendment, and marriage rights and privileges. The paper sheds a positive light on the topic of same-sex marriage. Resources are current, and the paper is argumentative.
From the Paper
"Recent political events have shed sudden light on an issue that the American public has long been avoiding: Same-sex marriage. Should same-sex couples be allowed to marry? As human beings and American citizens, are same sex couples entitled to the same protections that law provides to heterosexual married couples? Unlike the usual pro/con debates, this particular issue has three sides. There?s the ?no? side that argues that the benefits of marriage are sanctimonious and that they should be provided only to opposite sex couples. The ?yes? side would argue that marriage is a basic civil right and should be provided to all couples, regardless of sexual orientation. The third side meets the previous two extremes somewhere in the middle, stating that while the term ?marriage? is sanctimonious and should be reserved only for opposite sex couples, the benefits of marriage should be available to all couples regardless of sexual orientation. Each side has its own theories in a debate that is anything but black and white."
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Same-Sex Marriage, 2004.
A proposal for legalization of same-sex marriage.
1,081 words (approx. 4.3 pages), 2 sources, MLA, $ 37.95
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Abstract
This paper examines how, with the passage of time, more and more people have come to believe that same-sex marriages should be permitted legally, in contrast to many who still believe that it shouldn?t. It looks at how those who are against same-sex marriages refuse to relinquish their hold on traditional beliefs and values and how, today, these people serve as barriers to same-sex marriage proponents. It also explores how the audience that the proponents of same-sex marriage wish to address includes the legislators and also those who are opposed to the legalization of same sex marriage. The purpose of legalizing same-sex marriage is argued from a historical, legal, and humanistic standpoints.
From the Paper
"The issue of same sex marriage is problematic because of the fact that it proposes significant change to traditional values and beliefs of society. It is worth asserting this because of several people who still hold fast to their traditional values and beliefs, which are mostly religious and to some extent it is cultural. However, with the awareness that people in contemporary times have regarding same sex or gay rights, it is worth asserting how strongly they all feel towards the rights of every individual; proponents of same sex marriage believe that the rights to same sex marriage is a major portion of their individual rights."
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The Place of Same-Sex Marriage, 2004.
This paper evaluates differing perspectives on the issue of same-sex marriage.
1,130 words (approx. 4.5 pages), 6 sources, MLA, $ 39.95
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Abstract
In this article, the meaning of the institution of marriage is discussed. The writer looks at the place of same-sex marriage in society. In this paper, same-sex marriage is primarily discussed from a conservative religious perspective. The views and outlook of supports of the concept of same-sex marriage is also described and critiqued. Although the gay and lesbian movement consider the prohibition of same-sex marriages to be discrimination, the writer views the position of marriage as a moral and religious institution.
From the Paper
"In recent years the legalization of same-sex marriages has become an increasingly controversial issue that pits the gay and lesbian movement against religious conservatives. According to the gay and lesbian movement, the prohibition of same-sex marriages constitutes social oppression and discrimination. This paper however takes the position, adopted by the religious conservative movement. Marriage is a religious and moral institution that is confined to a monogamous relationship between a man and woman. Derived from the religious scriptures ... "
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Same-Sex Marriage, 2007.
This paper looks at both sides of the controversial argument regarding same-sex marriage.
1,625 words (approx. 6.5 pages), 8 sources, MLA, $ 52.95
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Abstract
In this article, the writer notes that the question of whether same-sex marriage should be allowed or not has generated considerable argument between those who support the idea and offer their reasons, and those who oppose the idea and offer theirs. This essay offers a consideration of each side and their basic arguments. The writer argues that the claim that allowing same-sex marriage destroys the institution of marriage and the family is not supported by the facts, so same-sex marriage in some form should be allowed. The writer discusses that weighing the two sets of arguments suggests that most of the reasons why opponents say they oppose same-sex marriage are not valid, while the real reason would appear to be aversion to homosexual activity in any guise. The writer concludes that these people often see homosexuality as a choice rather than a condition, while more and more evidence suggests it is inherent and not a choice at all.
Outline:
Pro
Con
Personal View
Conclusion
From the Paper
"A basic aspect of the argument for gay marriage is a call for fairness, noting that married couples benefit from a variety of rights and privileges that are denied to unmarried persons, such as the right to inheritance, to insurance benefits, for one partner to visit the other in a hospital, and so on."
"Thomas B. Stoddard argues that gay people should seek the right to marry. He discusses the institution of marriage and finds it wanting, but in spite of these he believes that gay couples should seek their right to make this choice."
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Same-Sex Marriage, 2005.
This paper argues that same-sex marriages should be legalized.
2,000 words (approx. 8.0 pages), 4 sources, MLA, $ 63.95
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Abstract
This paper explains that the proponents of same-sex marriage believe that gays and lesbians are being systematically denied their civil rights; but, on the other hand, opponents of same-sex marriage see gay and lesbian unions as a threat to the idea of "traditional" marriage: Both sides argue that the government has a duty to protect and enforce marriage laws. The author supports same-sex marriage by citing the Bill of Rights, which guarantees the freedom of association and the right to privacy. The paper refutes arguments many opponents of gay marriage use as a means of challenging the idea of same-sex marriage: (1) Religion, (2) homosexuality is unnatural, (3) defies the historical definition of marriage and (4) harmful to children.
From the Paper
"Many opponents of gay marriage use religion as a means of challenging the idea of same-sex marriage. This paper will not spend much time addressing the religious issues surrounding the idea of same-sex marriage. The United States Constitution guarantees religious freedom and separation of church and state. Therefore, whether one personally agrees or disagrees with a religion that condemns homosexuality, members of that religion are free to practice their beliefs. However, the Establishment Clause of the First Amendment makes it abundantly clear that religious groups are constitutionally prohibited from legislating based on religion. The religious argument may be the most vehemently argued one, but it is the most easily dismissed because of the guarantees of the United States Constitution."
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Social Change and Same-Sex Marriage in Canada, 2006.
An examination of same sex marriages and Canadian society.
1,988 words (approx. 8.0 pages), 9 sources, MLA, $ 63.95
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Abstract
This paper examines the legalization of same-sex marriages in Canada and the shift in society that brought about this change. The paper discusses the negative attitude of Canadian society in the past toward same-sex marriages. The paper also notes that more same sex couples were becoming parents, while increasing numbers of lesbians and gays were coming out of the closet and, as a result, many more non-gay Canadians realized that people they knew - family members, friends, other parents at their children's schools - were gay and lesbian, and due to this became gradually more tolerant. The paper explains that the biggest social change in Canada this century has been the legalization of same sex marriage which happened in June of 2005, when the federal government, led by the Liberal Party under Paul Martin, legalized same-sex marriage for all of Canada.
From the Paper
"For a very long time in Canadian society, the very idea of same-sex marriage would have been preposterous. After all, up until 1967, sex between consenting adults of the same sex was actually illegal. This, it is argued, was absolutely unacceptable in a country that has enshrined equal rights for all adults in its Bill of Rights. However, it seems that this bill was not far-reaching enough, given that the state still saw fit to prescribe appropriate sexual behaviours between consenting adults."
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Church Beliefs on Same-Sex Marriage, 2005.
This paper argues against same-sex marriage, demonstrating the beliefs and views of the Christian Church.
1,800 words (approx. 7.2 pages), 6 sources, $ 71.95
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Abstract
This paper discusses the belief of the Christian Church on same-sex marriage. Scriptures are used from the Bible and several sources are used to show that same-sex marriage is wrong. The writer uses one of the scriptures from Genesis Chapter 2 to support this view. The writer points out that the Christian Church believes strongly that same-sex marriage should not be legalized. Further, the writer notes that the marriage covenant is between a man and a woman.
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Legalization of Same-Sex Marriage, 2002.
This is a persuasive paper supporting the legalization of same-sex marriage in the U.S.
2,450 words (approx. 9.8 pages), 8 sources, APA, $ 74.95
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Abstract
This paper examines the proposal for legalization of same-sex marriage, and how it is one of the most significant issues in contemporary American family law. The author discusses the potential consequences of legalizing same-sex marriage, both positive and negative, for children, parents, same-sex couples, families, and the social structure. Litigation and current laws regarding this issue are discussed. Arguments are made for the legalization of same-sex marriage.
From the Paper
"Marriage has changed greatly throughout the years. In Western law, wives are now equal rather than subordinate partners; interracial marriage is now widely accepted, both in statute and in society; and marital failure itself, rather than the fault of one partner, may be grounds for a divorce. Social change has been felt in marriages in recent years as divorce rates have increased and have been integrated into upper class families. Proposals to legalize same-sex marriage or to enact broad domestic partnership laws are currently being promoted by gay and lesbian activists, especially in Europe and North America."
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Same-Sex Marriage, 2007.
An argument in favor of Bill C-38, which legalizes same-sex marriage in Canada.
1,213 words (approx. 4.9 pages), 4 sources, MLA, $ 41.95
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Abstract
This paper discusses the controversy in Canada over whether same-sex marriage should be allowed. It analyzes the controversial bill called Bill C-38 that legalized same-sex marriage and discusses why the issue remains controversial. The paper argues that same-sex marriage should continue to be legal in Canada, because only in this way can all Canadians continue to enjoy equal rights.
From the Paper
"In conclusion, we have seen that if we argue against same-sex marriage, then we are in fact saying that we believe that it is acceptable to treat some adults as if they are inferior citizens. As we know, this is not acceptable in Canada, where everyone is protected by the Charter of Civil Rights. Secondly, if we do not care about equal rights for gays and lesbians, then at least we should care about equal rights for their children. Children should not be punished for the lifestyles of their parents. Finally, it is unfair to deny marriage to same-sex couples because it denies them access to a range of legal benefits that are only available to married couples. Therefore, this is another reason that same-sex marriage should remain legal - for the sake of the children."
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Same-Sex Marriages, 2007.
This paper argues that, after examining both sides of the issue, same-sex marriages should not be allowed because they do not fit the criteria for a legal partnership according to the U.S. Constitution.
2,980 words (approx. 11.9 pages), 11 sources, MLA, $ 87.95
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Abstract
This paper explains that, despite the various re-definitions of the term "marriage", from a legal standpoint, only "civil unions" or legal marriages offer the full package of federal benefits and protections. The author points out that case law concerning same-sex marriage is contradictory and contains inconsistent rulings from state to state and that the court cannot decide how to apply the federal Defense of Marriage Act (DOMA) or even if DOMA is constitutional. The paper concludes that, although progress in certain states had been made to allow for same-sex marriages, a majority of the country still agrees that same-sex marriages go against established moral codes and ethics.
Table of Contents:
Weighing the Facts on Same-Sex Marriage
What's the Big Deal about Federal Recognition?
A Question of Culture
DOMA and Case Law
Rethinking Marriage: An Argument for Same-Sex Marriages
Arguments against Same-Sex Marriage
From the Paper
"Regardless of the logical arguments proposed by those in favor of same sex marriage, homosexuality is considered a sin by many religions. There are many that feel it would weaken family ties and values. They also feel that we would have to take a step backward in society and reexamine issues such as polygamy and other types of marriage, in all fairness. Legal actions of the past several years reflect the sentiment of a majority of the American people. The American people stand clear, same-sex marriage violates the very moral ethics upon which this country was founded."
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| Term Paper # 62227 |
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