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Same-sex marriage - Essay Example

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Unit Code Same Sex Marriage Introduction In 1993, the Hawaii Supreme Court ruled that same sex partners should have access to marriage licenses but for a compelling state interest. This decision influenced political discussions on same sex marriages in the United States…
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Same-sex marriage

Download file to see previous pages... The 1990s saw heated political discourses on same sex relationships particularly in relation to the rights of parenting and spousal benefits in the state of Massachusetts. This led to the recognition of same sex relationships and the provision of benefits (including health and insurance benefits) to individuals in same sex marriages. Nonetheless, this move led to a huge uproar especially among the Christians and clergymen who felt that a special interest group cannot get equal treatment and the recognition accorded to a family unit. They termed same sex partners as friends who decide to share the same house and other different responsibilities. From then, there have been unsuccessful attempts to pass a legislation that would provide guidelines on the same sex relationships. All along, the supporters of same sex relationships have been fighting not for the recognition of same sex relationship but for the accordance of equal benefits and fairness to the individuals belonging to same sex relationships. ...
rt claimed that under the constitution of Massachusetts, it was illegal and highly unconstitutional to deny individuals in a same sex relationship the benefits of marriage. This opened the gates for Massachusetts to join other jurisdictions that have legalized same sex marriages including Belgium and Quebec, Canada. In the United States of America, the state of Massachusetts was the first state to recognize and legalize same sex marriages. The case “Goodridge v. Department of Public Health” provided Massachusetts with the basis for legalizing same sex marriages. The court claimed that it could not deny two individuals who are together because of a mutual agreement the benefits, obligations, and the protections of a civil marriage. The court further noted that the constitution of Massachusetts does not tolerate the establishment of second-class Massachusetts citizens under any cost. Instead, it argued that the constitution represents the rights as well as the dignity of all people in Massachusetts. Following this decision, the court gave the state legislature a period of 180 days to take any appropriate action in line with its ruling. In the ruling, the majority opinion claimed that the court’s obligation was to provide an appropriate definition for liberty as opposed to imposing its own moral code. This opinion rubbished the perspective of the opponents of same sex marriage who claimed that the legalization of same sex marriage could not be a determination of four individuals. The majority opinion also had it that as opposed to the federal constitution, the constitution of Massachusetts protects personal liberty against any interference from the state or the national government. This is in line with the argument of LaFleur and Cristin (9) that if same sex ...Download file to see next pagesRead More
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