Verified Document

Gay Marriage And Its Constitutionality Term Paper

" (Quoted in Hillary Goodridge & others v. Department of Public Health...") Implementing the Court's decision, Massachusetts made same sex marriage legal in the state on May 17, 2004; it is thus far the only state to do so. Most other states have enacted constitutional provisions that define marriage as a union of one man and one woman. Conservatives Propose Constitutional Amendment: The legalization of gay marriage in Massachusetts and issuance of marriage licenses by some other states has created a backlash among the conservatives, and right wing religious groups. They have proposed an amendment in the U.S. constitution that would prohibit same-sex marriage at the federal level. On February 24, 2004, President George W. Bush proposed a 28th Amendment to the U.S. Constitution called the "Federal Marriage Amendment" (FMA) by declaring: "our nation must enact a constitutional amendment to protect marriage in America." ("President Calls for...") the proposed FMA intends to take the Federal defense of Marriage Act a step further by reserving the rights of marriage for a man and woman only as it proposes a federal definition of marriage as "the union of a man and a woman." The amendment would restrict each state's own definition of marriage allowed in DOMA and would also limit judiciary's powers by overriding anti-discrimination guarantees. Voting on the proposed constitutional amendment has not taken place so far as an amendment in the U.S. Constitution requires approval by a two-thirds majority in the U.S. House of Representatives and the Senate, and ratification by three-fourths or 38 of the state legislatures. This is unlikely to be achieved in the foreseeable future. Liberal institutions such as the ACLU actively campaign against the proposed amendment and consider it a reversal of our constitutional tradition of protecting individual freedoms. (Johnson, "Federal Marriage Amendment")

Federal Judge strikes down Nebraska Gay Marriage Ban: On May 12, 2005 a U.S. Federal District Judge in Nebraska struck down sweeping provisions of the Nebraska constitution that defined marriage as only between a man and a woman and banned same-sex civil unions, domestic partnerships and other similar relationships as a violation of the Equal...

(Curry) the ruling has brought a storm of protest from opponents of gay marriage who have re-activated their call for the proposed amendment in the U.S. Constitution.
Conclusion

The issue of gay or same-sex marriage has been a deeply divisive issue in the United States that has polarized its politics and the society itself. The anti-gay movement suggests that same sex marriages threaten the time-honored institution of marriages between man and woman and the traditional concept of a family. Supporters of gay marriages consider any restrictions placed on same sex marriages as a grave violation of the equal rights guaranteed by the 14th Amendment. The deep division on the issue is reflected in vastly different state laws about gay marriages and the differing interpretation of the U.S. Constitution by the Liberals and the Conservatives.

Works Cited

Curry, Tom. "Judge strikes down Nebraska gay marriage ban." MSNBC. May 12, 2005. May 18, 2005. http://msnbc.msn.com/id/7834478/

Hillary GOODRIDGE & others [FN1] vs. DEPARTMENT of PUBLIC HEALTH & another. [FN2]." The Massachusetts Court System. November 18, 2003. May 18, 2005. http://www.mass.gov/courts/courtsandjudges/courts/supremejudicialcourt/goodridge.html

Johnson, Ramon. "Federal Defense of Marriage Act (DOMA)." About, Inc.. 2005. May 18, 2005. http://gaylife.about.com/cs/gaymarriage/i/doma.htm

Federal Marriage Amendment (FMA)." About, Inc. 2005. May 18, 2005. http://gaylife.about.com/cs/gaymarriage/i/fma.htm

President Calls for Constitutional Amendment Protecting Marriage." The White House Website. February 24, 2004. May 18, 2005. http://www.whitehouse.gov/news/releases/2004/02/20040224-2.html

Same-sex marriage in the United States." From Wikipedia, the free encyclopedia. 2005. May 18, 2005. http://en.wikipedia.org/wiki/Same-sex_marriage_in_the_United_States

Including President Bush

Same sex marriage" is a broader and, perhaps, more accurate term for "gay marriage" as in such "marriages" both the partners may not be strictly "gay" or homosexual -- one or both may be bisexual.

Gay Marriage

Sources used in this document:
Works Cited

Curry, Tom. "Judge strikes down Nebraska gay marriage ban." MSNBC. May 12, 2005. May 18, 2005. http://msnbc.msn.com/id/7834478/

Hillary GOODRIDGE & others [FN1] vs. DEPARTMENT of PUBLIC HEALTH & another. [FN2]." The Massachusetts Court System. November 18, 2003. May 18, 2005. http://www.mass.gov/courts/courtsandjudges/courts/supremejudicialcourt/goodridge.html

Johnson, Ramon. "Federal Defense of Marriage Act (DOMA)." About, Inc.. 2005. May 18, 2005. http://gaylife.about.com/cs/gaymarriage/i/doma.htm

Federal Marriage Amendment (FMA)." About, Inc. 2005. May 18, 2005. http://gaylife.about.com/cs/gaymarriage/i/fma.htm
President Calls for Constitutional Amendment Protecting Marriage." The White House Website. February 24, 2004. May 18, 2005. http://www.whitehouse.gov/news/releases/2004/02/20040224-2.html
Same-sex marriage in the United States." From Wikipedia, the free encyclopedia. 2005. May 18, 2005. http://en.wikipedia.org/wiki/Same-sex_marriage_in_the_United_States
Cite this Document:
Copy Bibliography Citation

Related Documents

Gay Marriage Being Homosexual and
Words: 1886 Length: 6 Document Type: Research Proposal

Instead, give gay and straight couples alike the same license, a certificate confirming them as a family, and call it a civil union -- anything, really, other than marriage. For people who feel the word marriage is important, the next stop after the courthouse could be the church, where they could bless their union with all the religious ceremony they wanted. Religions would lose nothing of their role in sanctioning

Gay Alternate Marriage
Words: 2362 Length: 8 Document Type: Term Paper

Gay Marriage Same sex marriage has been a topic of much debate in recent years. Many believe that same sex marriage should not be allowed, while others assert that homosexuals should have the right to be legally married. The purpose of this discussion is to investigate the historical context, political impact, sociological impact and the psychological and philosophical perspectives of this issue. Gay Marriage in a historical context According to Coolidge et al.

Homosexuality Survey This Report on
Words: 4510 Length: 15 Document Type: Term Paper

The control of persons perceived as dangerous is accomplished partly through public psychosocial discourse on AIDS. The reactions evoked by AIDS are determined not only by its biological nature as a disease but also by historically produced meanings attached to sex, health, and disease (Kaplan, 1990, pp. 337-351). Purpose of the Study The assumption is that the position of gays in American society has changed over the last three decades or

Gays in the Military Coming
Words: 2475 Length: 8 Document Type: Research Paper

It delved into the historical record of integration of blacks into the military, public opinions and health risks and unit disruption. It also incorporated the findings of scientific literature on group cohesion, sexuality and relevant health and legal issues and their implementation. Only one policy would fulfill the President's directive. It would consider sexual orientation as not inherent in determining who may serve in the military. It would set

Constitutional Queer the Modern Legal
Words: 1723 Length: 6 Document Type: Thesis

Nelson -- the decision in which was binding on all lower courts -- was decided in favor of the state law in Minnesota banning same-sex marriages (UMT 2010). Conclusion The issue of the rights of gay, lesbian, and transgendered people are still in a state f flux and some confusion, based on the Supreme Court's rulings on the various matters. On the one hand, there is a legal mandate in place

Pros and Cons of Same Sex Marriage
Words: 2861 Length: 8 Document Type: Essay

Same Sex Marriage The legalization of same-sex marriage may be one of the most controversial social issues in the modern American political climate, and, in fact, throughout the Western world. While it may seem as if this highly polarizing issue has come out of nowhere, cultural norms about homosexuality and the acceptability of same-sex romantic relationships have always existed. Some societies have been accepting of same-sex relationships, others have violently

Sign Up for Unlimited Study Help

Our semester plans gives you unlimited, unrestricted access to our entire library of resources —writing tools, guides, example essays, tutorials, class notes, and more.

Get Started Now