Same-Sex Marriage Constitution
Same-Sex Marriage and the Constitution
In May of 2009 two same-sex couples filed suit to stop the implementation of California's Prop 8, which defined marriage as between one man and a woman and effectively made marriage between those of the same-sex illegal. While this case has been played out in the courts for three years, the Supreme court of the United States has recently heard oral arguments regarding this case and will soon make a decision as to the constitutionality of California's Prop 8 law. (Mears) But the issue of same-sex marriage is currently at stake in a number of states and the decision made by the court could have an effect that reaches far beyond the borders of California. Many different states have differing versions of laws which allow for the legal recognition of same-sex couples, ranging from civil unions to outright recognition of marriage. While at the same time, other states have laws restricting the legal protections of same-sex couples, especially when it comes to marriage. Proponents of same-sex marriage claim that laws restricting the legal definition of the term "marriage" to only one man and one woman violate the constitutional rights of same-sex couples, especially the 14th amendment's equal protection clause as well as the due process and privileges and immunities clauses.
In the scenario titled "issue one" where a state makes it a crime to marry a person of the same sex, whether in a legal ceremony, sectarian ceremony, or simply a private one which does not involve the state or any religious institution, and the law also refuses to recognize any type of civil unions, there are a number of constitutional issues involved. Firstly, opponents of such laws would point to the 14th amendment and its equal protection, due process, and privileges and immunities clauses as the basis for their argument that the laws are unconstitutional. They may even point to the 1967 case of Loving v. Virginia in which the Supreme Court of the United States decided that laws restricting the nature of marriage, based upon the races of the two people being married, were unconstitutional....
The fact that arrested criminals are routinely read Miranda rights, informing them of their rights under the Fifth Amendment provides another example of a country concerned about justice. The framers included the phrases "insure domestic tranquility," "provide for the common defense," "promote the general welfare," and "secure the blessings of liberty" to make sure that the Federal government had the power to exercise general police powers and engage in warfare. Therefore,
Family & Sociology of Marriage The purpose and social function of marriage has changed. While marriage was once a binding declaration of commitment and love to another person of the opposite gender, avowed and proclaimed in a holy ceremony, today marriage has become a catch all; a legally binding contract between two people who, for any reason, can choose to end the marriage without stigma or difficulty. Today, half of marriages
plural marriages from the standpoint of the Church of the Latter Day Saints, commonly referred to as Mormons. The writer uses several published works to examine the history and beliefs regarding plural marriages as doctrine through the church. There were four sources used to complete this paper. Ask most people one fact that defines the Church of Latter Day Saints, (Mormons) and they will answer, plural marriages. The belief that
DUAL FEDERALISM PHASE The Dual Federalism is the reflection of the ideology that stressed over the balance of powers between the national and state governments, and considers both the governments as 'equal partners with separate and distinct spheres of authority' (Sergio, 2005). Previously, the 'federal or national government was limited in its authority to those powers enumerated in the Constitution', and it was evident that there was partial understanding and correspondence
American Constitution: A living, evolving document -- from guaranteeing the right to enslavement in the 18th century to modifications in favor of freedom in the 19th century Constitution today protects the rights of all in its language, but this was not always the case in its text and spirit. As a political tactic as well as out of personal conviction and experience, Frederick Douglass' characterization of the American Constitution as
Another example is drinking laws are defined by each state, but the federal government passed a law stating they would not provide monies to any state that did not raise their drinking age to twenty-one years of age . Block Grants Block grants have been part of the United States federal system as early as the late 1960's . Block grants are fixed -- sum of federal grants to state and
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