Amanda Miller
Gay Marriage
December 7, 2014
61004
Same-sex marriage legalization has been a topic of discussion in America for years. There are currently 33 states out of 50 that recognize same-sex marriage. Marriage is a union between two people that have chosen to spend the rest of their lives together. Whether the couple is interracial, heterosexual, or same sex everyone should have that same right to marriage. Unfortunately that is not the case, same-sex couples do not share the same legal marriage rights as a heterosexual couple. Gay marriage not being recognized across the United States should be deemed unconstitutional based on the 9th and 14th amendment.
“Marriage is one of the "basic civil rights of man," fundamental …show more content…
Any action denying that process is unconstitutional. “The Equal Protection Clause of the 14th amendment of the U.S. Constitution prohibits states from denying any person within its jurisdiction the equal protection of the laws” (Equal Protection). This means that the laws of the state must treat an individual the same as others in similar circumstances. Gay marriage only being legal in some states violates the equal protection clause. It violates the equal protection clause, because certain states only grant a particular class of individuals the right to engage in an activity, but denies other individuals the same right. That right is the opportunity to marriage. Marriage is an individual right, not a right given to someone. When a couple is denied marriage right because they are same-sex, they are being denied their individual rights to marry the person of their …show more content…
In recent years, some have interpreted it as affirming the existence of such “enumerated” rights outside those expressly protected by the Bill of Rights” (Ninth Amendment). Ninth Amendment
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
The purpose of the ninth amendment was to protect unenumerated rights. There are many rights that we have as Americans that are not directly stated in the constitution. The right to marry the person we love is protected by the ninth amendment. When the government denies you the right to marry the person of your choice, it violates your unenumerated rights. In conclusion same-sex marriage is still not legal throughout the United States, but there has been significant progress for same-sex couples. Same-sex couples can now receive veteran benefits from the Department of Veteran Affairs. Also since DoMA has been ruled unconstitutional, any same-sex couple that is married may be eligible to receive social security benefits such as retirement benefits, disability benefits, lump sump death benefits, or survivor benefits. This is only a small step, but same-sex couples are still fighting for
Gay Marriage
December 7, 2014
61004
Same-sex marriage legalization has been a topic of discussion in America for years. There are currently 33 states out of 50 that recognize same-sex marriage. Marriage is a union between two people that have chosen to spend the rest of their lives together. Whether the couple is interracial, heterosexual, or same sex everyone should have that same right to marriage. Unfortunately that is not the case, same-sex couples do not share the same legal marriage rights as a heterosexual couple. Gay marriage not being recognized across the United States should be deemed unconstitutional based on the 9th and 14th amendment.
“Marriage is one of the "basic civil rights of man," fundamental …show more content…
Any action denying that process is unconstitutional. “The Equal Protection Clause of the 14th amendment of the U.S. Constitution prohibits states from denying any person within its jurisdiction the equal protection of the laws” (Equal Protection). This means that the laws of the state must treat an individual the same as others in similar circumstances. Gay marriage only being legal in some states violates the equal protection clause. It violates the equal protection clause, because certain states only grant a particular class of individuals the right to engage in an activity, but denies other individuals the same right. That right is the opportunity to marriage. Marriage is an individual right, not a right given to someone. When a couple is denied marriage right because they are same-sex, they are being denied their individual rights to marry the person of their …show more content…
In recent years, some have interpreted it as affirming the existence of such “enumerated” rights outside those expressly protected by the Bill of Rights” (Ninth Amendment). Ninth Amendment
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
The purpose of the ninth amendment was to protect unenumerated rights. There are many rights that we have as Americans that are not directly stated in the constitution. The right to marry the person we love is protected by the ninth amendment. When the government denies you the right to marry the person of your choice, it violates your unenumerated rights. In conclusion same-sex marriage is still not legal throughout the United States, but there has been significant progress for same-sex couples. Same-sex couples can now receive veteran benefits from the Department of Veteran Affairs. Also since DoMA has been ruled unconstitutional, any same-sex couple that is married may be eligible to receive social security benefits such as retirement benefits, disability benefits, lump sump death benefits, or survivor benefits. This is only a small step, but same-sex couples are still fighting for