Constitutional Issues Surrounding Gay Marriage Essay

1220 Words Mar 10th, 2015 null Page
Constitutional Issues Surrounding Gay Marriage Today 36 states allow same-sex couples to marry; 25 states have decided via court decisions, 8 by state legislation, and only 3 states have done so by popular vote. (ProCon) Perhaps just as surprising is that although the vast majority of these decisions have been due in part thanks to judicial decisions, the Supreme Court of the United States (SCOTUS) has remained largely silent on this specific matter. However, later this year SCOTUS is expected to consider some aspects of the issue; whether the court will rule in favor or against these particular aspects is difficult to predict; there can be arguments made both for and against the constitutionality of laws which limit marriage to opposite-sex couples.
Legal Issues For those arguing against the constitutionality of gay marriage the first and perhaps strongest argument that can be made against gay marriage is simply that the Constitution does not explicitly grant this right. Simply stated the Constitution makes no mention of marriage, let alone grant same-sex couples this right. Additionally, many of those opposed to gay marriage argue that marriage has long been considered a morally sacred institution reserved for one man and one woman. According to Justice Burger in Bowers v. Hardwick, people should be able to pass laws based on their moral standards. Laws which could include banning same-sex marriage. Those in favor of legalizing gay marriage also have strong argument…

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