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Human Rights and Same-Sex Marriage - Research Paper Example

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There is no human rights violation in denying the legalization of same-sex marriages. In order to push through with this claim, it is first necessary to classify marriage as a civil matter and not a religious one. …
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Human Rights and Same-Sex Marriage
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Download file to see previous pages In following this line of reasoning though, one may say that since it is a violation of the constitution to deny anyone of their civil rights, it is therefore unconstitutional to deny people should they want to enter into same-sex marriages. However, for one to claim violation, one must prove first that same-sex marriage is part of the protected rights of the Constitution. This paper aims to correct the presumption that same-sex marriages should be legalized because every individual should be allowed to marry. The truth is, marriage is set as heterosexual by nature, thus, marriage policy limiting the union to only between one man and one woman does not violate the Equal Protection Clause or any other legal or moral principle (Stacey 27). Law protects such union to ensure the continuation of species. The law was not placed there to protect the emotional wants of individuals. Simply put, there is no right to same-sex marriages, thus, homosexuals are not being denied of their right. In fact, if one looks at the natural needs of a child to be raised by both biological parents, the natural need of a man to be ensured of paternity, and the natural need of a woman to be with her child (Stacey 27-8), not legalizing same-sex marriages protects these natural rights. It is Not Included in One’s Civil Rights Civil law is one of the greatest contentions about marriage. Literally speaking, laws governing marriages has always been a concern of the state and not the federal government. In any case, however, it has been long ignored that marriage is actually an institutional union between one man and one woman (McVeigh and Maria-Elena 891-2). Those who argue that same-sex marriages should be considered a civil right and should be treated just like any heterosexual monogamous marriage are doing so based on the principle of the Equal Protection Clause. This is, however, a flawed argument. It is absolutely wrong to consider that one’s constitutional rights ensure equal treatment that includes the aspect of marriage. One must understand that equal treatment, as according to the Constitution, does not give reference to social relationships such as families, marriages, friendships, and the likes (McVeigh and Maria-Elena 899). A good example of this is a relationship between two friends who decide to consider their relationship as marriage. Such consideration of the friends involved in the friendship cannot go to the courts and demand equal protection rights just because they finally decided to consider their friendship as marriage. To do so is tantamount to saying that just because some people in a certain sports event pray together before the start of the event, courts are required to work under the equal protection law and allow these particular sports event goers to redefine the event as a religious ceremony. Social Reality Cannot be Declared by the Constitution Social reality cannot be defined merely by civil rights. The equal protection under the civil rights is there only to guarantee that every citizen will be treated equally. This means that the law should start by acknowledging and segregating characteristics and inconsistencies in reality so as to bestow upon each party what is rightfully theirs (Bily 27-8). For example, the government recognizes a relationship between two contracting parties who agree to fulfill a transaction of mowing the lawn. However, the law governing the contracts does not define beforehand what kinds of contracts can be done or can be accepted. This law, instead, merely makes clear how binding a consensual contract is, and what legal obligations both agreeing parties have in fulfilling the contract. This law also clarifies the consequences should one or both parties breach stipulations in the contract ...Download file to see next pagesRead More
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