Should the Supreme Court revoke California’s prop 8? This is the ongoing debate our generation will have to address. California has been in the epicenters of this debate; as we witnessed voters oppose gay marriage in the elections of 2008. In 2008, California’s Supreme Court ruled in favor of a right to same-sex marriage. Months after the ruling, a majority of the electorate overturned that decision in a statewide ballot initiative. In Justice, Sandel shares his opinion on same-sex marriage. Sandel asks, “can you decide whether the state should recognize same-sex marriage without entering into moral and religious controversies about the purpose of marriage and the moral status of homosexuality?”(253). While many argue on the non judge-mental liberal grounds, others completely disagree. The debate continues whether same-sex unions are worthy of honor and recognition. In my opinion, I believe that the Supreme Court should rule in favor for same-sex marriage. I agree with Sandel that we don’t have to come to an agreement on what the good life is we should let everyone decide for them selves.
Sandel believes that it is discriminatory to allow heterosexual couples to marry but not homosexual couples. He claims this denies them equality before the law. In his discussion about same-sex marriage, Sandel asks “how can we reason about the good if people have different ideas of what is worthy of honor and recognition?” In addition, he shares three possible policies that a state can adopt. The first following would be the traditional one, which is recognizing only marriages between a man and woman. The second recognizes same-sex as well as opposite-sex marriages. The third policy would be to not recognize marriage of any kind, and just leave that role to private associations.
Proposition 8 (The California Marriage Protection Act), is a ballot proposition and constitutional amendment passed in November 2008 state elections. Prop 8 is an amendment to restore and preserve the definition of marriage as a union between man and woman. The organizers of the "No on Prop 8" campaign issued a statement on November 6 saying, "Tuesday’s vote was deeply disappointing to all who believe in equal treatment under the law." The day after the election, counties such as San Francisco, Los Angeles, Santa Barbara and others, stopped issuing marriage licenses to same-sex couples. The new provision to the “Declaration of Rights” provides that “only marriage between a man and a woman is valid or recognized in California.” Many protests across the state led to several lawsuits. By restricting the recognition of marriage to same-sex couples, the proposition was brought to California’s Supreme Court March 26, 2013. The lawsuits challenged the constitutionality against the passage of Prop 8. The political turnabout suggested that the Court should stay out of the same-sex marriage question. The Ninth Circuit Court of Appeals panel affirmed the decision that Proposition 8 was unconstitutional. All in all, the court is expected to issue its ruling by late June 2013. Another option for same-sex couples in addition to marriage laws are civil unions. A civil union is an alternative that allows gay and lesbians to receive something that compares to the same rights as marriage. There are civil unions or domestic partnership laws that grant legal protections, inheritance rights, hospital visitation rights, and child custody arrangements to unmarried couples who live together. While civil
on May 17, 2004, after becoming the first same-sex couple in the U.S. to complete a state-sanctioned marriage application, they probably hoped their union would open the floodgates for gay couples across the country. But instead, it became a high-water mark for same-sex marriage as the acrimonious debate over the issue raged on--a moment equaled only by a California Supreme Court's ruling in mid-May overturning the state's ban on gay marriage.” Marriage is the formal union of man and woman, typically…
for equal protection for all from the federal government. Marriage is included as an equal protection and right. Prior cases have decided that the government does not have the legal right to decide who a person should marry, but when looking at the sex of that person the government has stepped in and taken a strong stance against same-sex marriages. Thus proposing very controversial issues in today’s society. By not allowing same-sex marriages is the government stripping ones right to marry under the…
Same-Sex Marriage: Fairness versus Immorality William Lumbra SOC 120 Professor Dibello July 23, 2012 Same-Sex Marriage: Fairness versus Immorality The debate on whether to allow same-sex marriage along with recognizing the union of two individuals on par with traditional marriage is one which will continue. This is not only a debate about equal rights, but for the majority of the arguments, it’s about if it is morally correct to allow two people of the same sex to marry…
Angel Morris Professor Roddey English 205 10 April 2013 Same Sex Marriage Debate Same-sex marriage (also known as gay marriage) is marriage between two persons of the same biological sex and/or gender identity. Legal recognition of same-sex marriage is sometimes referred to as marriage equality or equal marriage, particularly by supporters. The argument that gay marriage raises divorce rates is not panning out. In fact, research from the newest census, along with studies from the…
Same-Sex Marriage in Texas As the years go by, many states from the United States of America are legalizing same-sex marriage. Texas is back in the dust by still not allowing same-sex couples the ability to get married. I cannot think of many reasons as to why marriage is not open for every kind of two people who love each other, should be illegal. The representatives of Texas are stubborn with their old fashioned ways; therefore, sadly same-sex marriage will not be legal in any time soon in…
other it should not matter if they are two men or two women, love is love and should be recognized as love. Marriage is not the same as it used to be and it is both legitimate and necessary, in lieu of the changes in mankind, to examine if marriage, which existed unchanged for thousands of years, means the same thing these days. I firmly believe Homosexuals should be able to marry. Denying same-sex couples the right to marry stigmatizes gay and lesbian families as inferior and sends the message that…
Same-Sex Marriage: The Problems with DOMA and the Pursuit for Equality Believe it or not, same-sex marriage has been around since ancient times. At least two Roman Emperors, Nero and Elagabalus, were in gay unions. It wasn’t until the advent of Christianity that the practice of same sex marriage was out-lawed by the emperors Constantius II and Constans in 342 AD and has continued to be through-out most of the world until the twenty-first century (Boswell 83). With the advent of gay rights movement…
Should Same Sex Marriage be Legal? PHI 103: Informal Logic Professor Steven Matthews August 19, 2013 Should Same Sex Marriage Be Legal? Over the past decade, the acceptance of homosexuality has grown, causing many differences in the society and government. Prohibiting the acknowledgement of a union between same sex couples affect not only their happiness, but also benefits that include insurance, social security, etc. Even though I consider myself a Christian…
“Natural Rights: The Defense of Same-sex Marriage” As an ever evolving society, all levels of government are obligated to constantly review and revise policies and laws that may be deemed unconstitutional and therefore have no place in today’s culture. The Civil Rights Movement opened the doors for African Americans and women alike to be viewed as equals and to be protected under the constitution. The Civil Rights Act of 1964 was the foundation for equal rights and helped move our nation…
Maggie Mohr Mohr 1 November 2, 2012 Period: 4B Ms. McArdle Gay Marriage As of September 12, 2012, 11 out of 194 countries allow same - sex marriage and 41 states that have banned same – sex marriage. Homosexuals are no different from heterosexuals in my mind; people are people. Some scientists think that people become gay because of a gene. People are people and should all have the same rights and be able to get married. There is a law that says there needs to be a separation between…