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This paper purports that, although opponents of gay marriage argue that this type of marriage threatens the institution of marriage itself, it is important to realize that the arguments they use against gay marriage do not address the idea that it is unconstitutional. Next, the paper discusses this Equal Protection Clause of the Fourteenth Amendment of the Constitution as it applies to gay marriage and reviews the arguments present by the church and supporters of so-called traditional marriage. The paper concludes that, given the Equal Protection Clause, while religions are free to label homosexuality a sin, they are not free to dictate the legal norms of the remainder of the population.
From the Paper:"It is true that some religions believe that homosexuality is a sin. Whether or not one agrees with that position, it is clear that the First Amendment of the U.S. Constitution protects a person's right to hold that belief. However, nothing about legalizing same-sex marriage would threaten religions that hold that belief. Legalizing same-sex marriage would not force churches to perform, sanction, or recognize same-sex unions. Religions would still be free to discriminate against homosexuals or to require celibacy as a requirement for homosexual membership. This is a clear position with legal precedent. After all, heterosexual marriage is a strongly-protected constitutional right, but the Catholic Church is permitted to require celibacy as a condition of its all-male priesthood. Moreover, there are several churches in the United States that prohibit interracial marriage for their church members, and these churches continue to exist despite clear constitutional prohibitions demanding that the state not discriminate on the basis of race. The Creativity Movement only permits whites of predominantly European ancestry to join the church, encourages the use of derogatory racial epitaphs against non-whites, has a special wedding ceremony with special qualifications, and promotes the idea of white superiority."
Sample of Sources Used:
- Bartlett, Katherine T. Gender and Law: Theory, Doctrine, and Commentary. New York: Little,Brown & Company, 1993.
- Loving v. Virginia. 18 L. Ed. 2d 1010. U.S. Supreme Ct. 1967.
- Marco, Anton. "Gay 'Marriage.'" Leadership U. 2002. Web. 12 Apr. 2010.
- Robinson, B.A. "Why Are Couples Not Permitted To Marry?" ReligiousTolerance.org. 2004. Web. 12 Apr. 2010.
- Robinson, B.A. "Church Practices." The Creativity Movement. 2005. Web. 12 Apr. 2010.
Cite this Argumentative Essay:
Equal Protection and Gay Marriage (2013, January 14) Retrieved June 22, 2021, from https://www.academon.com/argumentative-essay/equal-protection-and-gay-marriage-152219/
"Equal Protection and Gay Marriage" 14 January 2013. Web. 22 June. 2021. <https://www.academon.com/argumentative-essay/equal-protection-and-gay-marriage-152219/>