Role of Public Administrators to Develop New Laws as Pertains to Same-Sex Marriages - Research Paper Example

? Role of Public Administrators to Interpret the Constitution and Develop New Laws As Pertains To Same Sex Marriages History and Political Science Tutor Date SECTION 1 Definition of the Issue Same sex marriage is an issue that has plagued the judicial system in the United States for the past two decades. It entails the attempt to inculcate marriage between individuals of the same sex into the federal definition of marriage which outlines marriage as a union between a woman and a man. Public administrators are individuals bestowed with the responsibility of serving the citizens of a State by ensuring that the laws, ethics and regulations are adhered to the latter. The constitution is the supreme document of a State and incase of conflict between two statutes, the ruling of the constitution prevails. Public administrators have a role as pertains to same sex marriage since they are individuals bestowed with the responsibility of enacting laws as pertains to various issues facing the State. With this insight, this research paper will be aimed at delineating the role of public administrators to interpret the constitution so as to develop new laws specifically to the issue of same sex marriages (McVeigh, & Diaz, 2009). Outline of Importance of the Issue to Public Administrators Technology has led to the invention of surgeries and discoveries as pertains to the sexuality of individuals. Moreover, the constitution and the rights of individuals illuminate into the notion that there is freedom of expression hence association of individuals of the same sex. This has led to the performance of surgeries aimed at changing the sexual orientation of an individual and hence judicial challenge as pertains to the legalization of same sex marriages. It is important for the public administrators to be involved in such issues as same sex marriages since they are bestowed with the responsibility of enacting laws that regulate a State. The constitution can only be amended by the public administrators hence necessitating the importance of this research paper as it aims at assessing their role as pertains to same sex marriage. Consequently, this research paper is important since marriage is a social aspect that defines a State and its sanctity should be upheld. Public administrators need to be involved in defining the society and avoiding issues that may hamper the inviolability and cause apprehension; same sex marriage is such an issue that needs to be addressed (McVeigh, & Diaz, 2009). SECTION 2: BACKGROUND INFORMATION History of the Issue and Current Trends Decades have witnessed the trial to redefine marriage by incorporating same sex marriage into law. This however has not yet been achieved and has translated to enormous failure to religious attachment to the sanctity of marriage. This has been witnessed by individuals who have gone surgically restructuring of their sexual identity and their change of sexual orientation was disapproved by the court system. However, it was in 1993 in Hawaii that the issue of same sex marriage began being given much thought by the court system. This resulted from the reinterpretation of the constitution that as pertains to the privacy, protection, and privileges that is accorded to citizens of a State. This was aimed at re-evaluating the statute that was applied as pertained to marriages between individuals of the same sex (McVeigh, & Diaz, 2009). This was the first uprising in support of marriages between individuals of the same sex and was followed by an Alaska court in 1998 and a Vermont court in 1999. The attempts in these two courts were both aimed at inculcating marriages among individuals of the same sex into the marriage statues. The Hawaii judicial uprising led to unrest in the country as pertained to the constitutionality of marriage among individuals of the same sex. The federal government in an attempt to quell the situation adopted DOMA (Defense of Marriage Act) which was aimed at encouraging the States to amend their constitutions and hence protect the customary marriage. This was aimed at addressing two types of fears among the citizens (McVeigh, & Diaz, 2009). The first fear was that the religious aspect of marriage would no longer be upheld by the courts and they would adhere to the redefined marriage statues. Secondly, certificates issued for same sex couples and people who supported them would be perceived as supporting same sex marriages and hence defining their sexuality. DOMA was therefore enacted in 1996 which stipulated that the States were not to recognize same sex marriages. It went ahead to define marriage as a union acknowledged by the federal government and included a man and a union. This was aimed at restoring the traditional view of marriage and thus protecting it from judicial threats that would try and include same sex marriage (McVeigh, & Diaz, 2009). On 17, May 2004, a Massachusetts court initiated a genesis of legalizing marriages between individuals of the same sex. This stemmed out of a November 2003 court case where gay and lesbian couples were denied the right to marry. This was viewed as a violation to the constitutions provision that ever individual has the right to get married. This made same sex marriage to become a reality in the United States (McVeigh, & Diaz, 2009). SECTION 3: THEORIES, PRINCIPLES AND PRACTICES OF PUBLIC ADMINISTRATORS Public Policy Analysis Public policies entail the position of the greater majority as pertains to an issue hence its enactment into a policy. As pertains to same sex marriages, United States has adopted various public policies as pertains to the cancer same sex marriage. This is evidenced by some states supporting these types of marriages. Other policies are evidenced by the allowing of same sex unions that protect the rights of same sex couples. Other policies entail the provision of benefits and special rights to individuals who have a sexual orientation to the same sex partner (Wardle, 2008). Other states have adopted policies that allow same sex marriages to take place within their borders. Other policies have been developed that allow the same sex couples to adopt children hence giving them the right to be parents. There are other policies that do not allow the propagation of same sex marriages but they allow the partners to adopt children. This is specific to the various states in the United States as the public preferences are outlined in their policies (Wardle, 2008). Constitution Interpretation The Credit clause and the faith full clause of the constitution contradict with DOMA which was aimed at preserving the traditional aspect of marriage. This is since one State has no authority over another state as pertains to the other state denying credit and full faith to another state as pertains to marriages between individuals of the same sex. Consequently critics avow that DOMA does not add any judicial matter to the case, it just restates what the constitution states hence no judicial implication of DOMA as pertains to marriages between same sex partners (Rensberger, 2008). Moreover, the constitution accords full protection to all citizens within the boundaries of the State. This is protection against prejudice, mistreatment, and stigma and protects all individuals to be accorded similar rights. However, by DOMA discouraging the certification of marriages among the gay community and the lesbian community, this violates the equal protection clause of the constitution. Consequently, institutions violate this clause by denying individuals of same sex marriages benefits that are accorded to heterosexual couples. This is evidenced in heath care sector, insurance, and even in the employment. DOMA therefore violates the equal protection clause of the constitution as pertains to same sex marriage (Rensberger, 2008). The third constitution interpretation of same sex marriages pertains to the constitution right to privacy. The constitution is meant to protect the privacy of an individual and especially as pertains to the sexuality of an individual. However, gay and sex marriage couples are exposed to public scrutiny as pertains to their sexual orientation hence infringing on their privacy. This is evidenced by stigma extended to same sex couples and hence violating their privacy of sexual preference since the constitution provides for freedom of association among all its citizens. This asserts that the gay and lesbian couples deserve privacy and should be allowed to lead their lives the way they so desire under the protection of the constitution which is the supreme law (Rensberger, 2008). Bills to Law For a long time, same- sex marriages in the United States just like in most countries across the world have not been included in the legal definitions of family. However, things have changed in recent years as there are significant strides that have been made towards development of laws relating to same- sex marriages. In particular, United States has witnessed development of same- sex marriages bills to law as the same- sex couples recognition increases. As a result of these developments, a number of states in the United States have laws that legalize same- sex marriages (Milakovich and Gordon, 2008). Massachusetts, California, Washington, Vermont, Iowa, Connecticut, New Hampshire, and New York are some of the states that have legislations on same- sex marriages. It should be noted that there are other states that do not legalize same- sex marriages. This scenario prevails because in the United States marriage matters are governed by state law, and therefore, individual states are allowed to set conditions for valid marriages as long as the conditions are consistent with the United States Constitution and the individual state’s constitution. More importantly, it should be noted that even though same- sex marriage is recognized by certain individual states in the United States, the federal government does not recognize such marriages. The Defense of Marriage Act (DOMA) 1996 is what codifies the lack of federal recognition of such marriages (Wolfson, 2004). There are public administrators in all states of the United States and at federal level as well whose main mandate is to manage public policies. It is implied that these administrators are well- versed with the constitution and are expected to make right interpretations on the issues therein (Milakovich and Gordon, 2008). Along with that, they have a role to interpret the constitution to develop new laws on various issues such as same sex marriages. The United States Congress has committees system that considers law which relate to areas of policy jurisdictions. Before a bill becomes law, there are processes that are to be followed. The first process of law- making is usually introduction of a bill by a member of legislature in the House of Commons. A member of legislature does not develop a bill out of a vacuum but based on a public problem or issue. Public administrators usually play a critical role in developing laws that particular public problem or issue such as same- marriage issue (Kraft and Furlong, 2006). As such, they should be able to interpret the constitution appropriately on provisions that relate to a certain problem and issue, and thereafter facilitate the development of a bill that will then be passed to law. Government and the Society In general, public administration enhances the relationship between the government and the society it governs. Public administration’s main aim is to advance policies and management in the society so as to enable the government to function well (Milakovich and Gordon, 2008). It does this by managing public program, helping in government decision- making, implementing policies and producing alternative policies, developing new laws in regard to public problem and issues, and making interpretations to the existing laws. Dimock, Dimock and Koeing (1996) explain that "Administration is planned approach to the solving of all kinds of problems in almost every individual or group activity, both public and private." Public administration principles are informed by the fact that its economic, social and political influence greatly determines the relationship between the government and the society it governs. In recent years, public administrators have been playing leading roles in enhancing this relationship by playing leading role as effective agents of change. The changing needs, behaviors, and expectations of the society has meant that public administrators have a bigger role to play so as to ensure that the relationship between the government and the society it governs is cordial and there is minimal or no rift at all between them (Kraft and Furlong, 2006). Issues such as same- sex marriages are emerging and the constitution seems to be inadequate in addressing them. Therefore, there is need for new laws to be developed so as to address them and meet emerging societal needs and expectations. As such, public administrators have enhanced roles of interpreting the constitution to develop new laws in regard to societal issues and problems. SECTION 4: PUBLIC ADMINISTRATION-ALTERNATIVES Even though the traditional public administration methods have always addressed the issue such as same- sex marriage, they seem to be somewhat inadequate and there is need for public administration options to address the issue. The issue of same- sex and laws relating to it has not been a prominent feature in public administration for long and that is why it is necessary to implore the available options especially in regard to developing new laws covering this issue (Wolfson, 2004). It is important to point out that the alternatives should take into consideration the effects and the magnitude of the issue in the American society. There are two main alternatives for addressing this issue namely: development of operational measure of the issue and getting information regarding the issue from the various sources such as library and online. Public administrators should develop quantitative or operational measures of the issue with the view of understanding how the issue arose in the first place, and how to address it. The need for the development of new laws did not arise from nothing but rather as a result of the federal government not recognizing same- sex marriage. However, as has been noted, individual states can recognize same- sex marriage. It is such realization that public administration should use the alternatives it has on its disposal to develop new laws on the issue based on the public interest and needs, and in accordance with the United States Constitution and the individual state’s constitution. This alternative will ensure that public administration treats the issue with the appropriateness it deserves hence developing proper laws for both the present and future generations (Kraft and Furlong, 2006). However, the alternative requires advanced technical know- how which most public administrators may lack. The second alternative is getting information regarding the issue from the various sources such as library and online. Various surveys and studies have shown that research is the most effective way of addressing public issues especially on issues that have not been accorded much attention in the past or issues that are considered controversial (Kraft and Furlong, 2006). It is no doubt that the issue of same- sex marriage has caused raging debates between those who are opposed to it and its proponents. The need for research on this issue is heightened by the fact that the legal position surrounding the issue in the United States is complicated by the federal system of government. The passage of DOMA 1996 and the recognition of same- sex marriage in individual states show that it is crucial to get information regarding the issue in order to understand it clearly hence address it appropriately. Public administrators require sufficient information and knowledge relating to the issue so as to be in a better position to develop laws; information and knowledge will enable them interprets the constitution from an informed position and subsequently develops laws accordingly (Milakovich and Gordon, 2008). Despite its advantages, the alternative has a disadvantage in the sense that it is time- consuming and may delay the process of developing laws regarding to the issue. SECTION 5: CONCLUSION In the light of the discussion, the fact that public administrators have a role of interpreting the constitution in order to develop new laws in regard to such issues such as same- sex marriages cannot be disputed. This conclusion has been reached based on the view that the role of public administrators is more crucial in present times than ever before because of changing needs and expectations of people within the society coupled with technological, economic, and social developments. It is in the light of this that the following recommendations are made: The training and practice of public administration should always seek to be at par with the new developments or current trends. Theories and principles of public administration should aim at addressing the public problem or issue appropriately. Public administration alternatives should be explored and applied in addressing public issues such as same- sex marriage. References Dimock, Dimock and Koeing. (1996). The Study of Administration. American Political Science Review, Vol. 30, No. 1. Kraft, M and Furlong, S. (2006). Public Policy: Politics, Analysis, and Alternatives. CQ Press. McVeigh, R., & Diaz, M. D. (2009). Voting to ban same-sex marriage: Interests, values, and communities, American Sociological Review, 74(6), 891-915. Milakovich, M and Gordon, G. (2008). Public Administration in America. Cengage Learning. Rensberger, J. L. (2008). Interstate pluralism: The role of federalism in the same-sex marriage debate. Brigham Young University Law Review, 2008(6), 1703-1807. Wardle, L. D. (2008). From slavery to same-sex marriage: Comity versus public policy in inter-jurisdictional recognition of controversial domestic relations. Brigham Young University Law Review, 2008(6), 1855-1926. Wolfson, E. (2004). Why Marriage Matters: America, Equality, and Gay People’s Right to Marry. Simon & Schuster. Read More