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This paper argues that prohibiting same-sex marriages is unconstitutional, citing the recent controversy with this issue. First, the paper presents the arguments opposed to same-sex marriage, focusing on the religious viewpoint. Then, the paper explores what it refers to as compelling arguments in favor of same-sex marriage. In particular it focuses on the Constitutional right to marry, and cites a case, Loving v. Virginia. The paper concludes by stating that prohibiting gay marriage denies individuals equal protection under the law.
From the Paper:"What is significant is that the Fourteenth Amendment has been interpreted to cover marriage in the face of an immutable characteristic: race. In Loving v. Virginia, the Supreme Court examined whether or not Virginia's anti-miscegenation statutes were legal. The court determined that under the Constitution, "the freedom to marry, or not marry, a person of another race resides with the individual and cannot be infringed by the State" (Loving, 1824). Like race, gender is an immutable characteristic, and Equal Protection analysis requires strict scrutiny for any state laws that classify people on the basis of certain protected classes. To say that it is legal for a man to marry a woman but not for a woman to marry a woman discriminates against the woman on the basis of gender, just as only permitting marriages between members of the same race discriminated on the basis of race. The Loving Court recognized that it is not enough to permit people to marry; one must permit them to marry the adult partner of their choice.
"Some erroneously believe that extending Equal Protection to cover homosexual marriage would require recognition of homosexuals as an oppressed minority (Marco). This is problematic because, "Homosexuals, as a class, do not have the characteristics necessary for..."
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. 28 Feb. 2010 <http://www.leaderu.com/jhs/marco.html>.
- Robinson, B.A. "Why Are Couples Not Permitted To Marry?" ReligiousTolerance.org. 2004. 28 Feb. 2010 <http: www.religioustolerance.org/hom_mar3.htm>.
- U.S. Const. amend. XIV. 9th Circuit. 1988.
Cite this Argumentative Essay:
Legalizing Gay Marriage - An Overview (2012, September 28) Retrieved August 14, 2022, from https://www.academon.com/argumentative-essay/legalizing-gay-marriage-an-overview-151820/
"Legalizing Gay Marriage - An Overview" 28 September 2012. Web. 14 August. 2022. <https://www.academon.com/argumentative-essay/legalizing-gay-marriage-an-overview-151820/>