Marriage is a commitment between two people to become a family, the formal act recognized by law. When it applies to people of the same gender, however things can get complicated. Civil rights and the Constitution give American citizens many liberties. One of those civil liberties is the “pursuit of happiness,” which homosexual people are not allowed to chase at least not where marriage is concerned. They cannot be married to the people they love and this violates their freedoms. Gay marriage should be legalized in all 50 states. The constitution guarantees all citizens the right to equal protection under law. Banning same sex marriage could also be viewed as violating Article IV, Section 1 of the US Constitution, the 14th Amendment says: "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor deny to any person within its jurisdiction the equal protection of the laws"(Same-Sex Marriage). The Defense of Marriage Act of 1996 is a clear violation of this clause and was found unconstitutional in June 2013 (Does Banning Gay…). Courts in some states (Oklahoma, Texas and Michigan) have come to realize that prohibiting gay marriage is unconstitutional and are now beginning to overturn those laws. Therefore, gay couples should have access to the same benefits as traditional couples. In addition, it is unjust to not allow same-sex couples the same benefits as hetereosexual couples based on the sexual orientation. A married spouse in a heterosexual relationship is given certain legal protections, however a same sex partner is denied in certain states. If a couple is in a same-sex marriage, they will qualify for immigration status and federal employee benefits (if either works for the federal government), even if they live in a non-recognition state. The same goes for the IRS and eligibility for federal tax benefits. In August 2013, the U.S. Department of Treasury ruled that all same-sex couples that are legally married in any U.S. state or a foreign country will be recognized as married under all federal tax provisions where marriage is a factor (Price). After paying a lifetime of taxes into a system that is supposed to provide retirement benefits for married couples, same-sex couples who marry may still be denied thousands of dollars in retirement benefits, survivor benefits, and lump-sum death benefits, simply because they are married to a person of the same sex in state that does not recognize the validity of their marriage (Wolfson). There shouldn’t be a change in benefits once the couple are married. If people are paying thousands of dollars for benefits then the government should realize this and allow the validity of their marriage.
Furthermore, there are documented economic benefits to allowing same-sex couples to marry. In addition to being morally and legally legitimate, gay marriages can bring financial gain to state and local governments. Revenue from gay marriage comes from marriage licenses, higher income taxes (the so-called "marriage penalty"), and decreases in costs for state benefit programs. The Controller for New York City found that legalizing gay marriage would bring $142 million to the city’s economy and $184 million to the state’s economy over three years (ProCong.org). Weddings create revenue of all sorts and states and local governments benefit from marriage licenses. Venues get booked and paid for, while hotels, restaurants and retail outlets also see sales rise. Even vacation spots get a nice dose of business from the honeymooning couple. Five states now allow same-sex marriage. Even if a gay marriage doesn't work out that helps the economy too. Divorces cost money, and lawyers as well as state and local government reap fees (Kostigen). However, now when people get married they have to think of the what the future will bring. The decision stretches further than the words “I do.” Once
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 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: 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…