Nobody downloaded yet

Same Sex Marriage/Marriage Equality - Essay Example

Comments (0) Cite this document
Summary
Same Sex Marriage & Marriage Equality: United States v. Windsor Your Name Due Date The average straight America probably doesn’t think twice about laws that allow or disallow marriage. The average straight person, male or female, has the right to marry whomever of the opposite sex they so choose; without question, interference, criticism, and legal sanctions to prevent it from happening…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER91% of users find it useful
Same Sex Marriage/Marriage Equality
Read TextPreview

Extract of sample "Same Sex Marriage/Marriage Equality"

Download file to see previous pages However, there, are also, many people who are very much against the homosexual lifestyle and certainly do not want the laws to acknowledge gay marriage. In fact one Act was implemented in the late 1990s, the Defense of Marriage Act or DOMA, which was intended to make certain that gay marriages would not be accepted, could not be enforced in states where it remains illegal, and that no members of a homosexual relationship could collect the benefits that heterosexual couples are entitled to as a married couple. The case of Windsor versus the United States, which concluded just this year, acknowledged elements of the DOMA is unconstitutional and changed the laws which legally acknowledge the rights of spouses in same sex couples. The Defense of Marriage Act was signed and put into practice in 1996. It is broken into two parts. The first part, clearly states that no states in the united States can ever be forced to legally acknowledge or grant spousal rights to a same sex couple if it is illegal in that state, even if the same sex couple was legal married in another location, The second half was intended to define marriage, which is no easy feat, as something that can only occur between a male and a female; the term spouse, also, can only be applied to someone of the opposite sex (Manning). This is an astoundingly poignant statement being made. It seeks to apply a universal definition of marriage; but marriage does not always mean exactly the same thing to all people. Some people think of marriage as a burdensome necessity of life, others do it for personal gain, like money, and then others actually marry for love. If no one can define it universally then how can the government hope to do so? Members of the LGBT community have worked for years to see this, as they see it, unconstitutional policy changed. Edie Windsor and Thea Spyer was a lesbian couple living in New York City. They were together in a monogamous relationship for 44 years, but weren’t married until 2007 when they went to Canada where the marriage is legal. Unfortunately Thea Spyer had suffered many years with the continuous debilitating effects of Multiple Sclerosis, which led to her ultimate paralysis. She passed away in 2009. Thea left everything to her spouse; however the government of New York refused to honor the marriage between them due to the marriage definition established by the DOMA. They taxed Edie’s inheritance extremely high, as if they were strangers; however, straight spouses in the states can receive inherited properties without such taxation. Windsor did not settle for this treatment and took the case all the way to the Supreme Court (American Civil Liberties Union). In June of this year this long court case came to a conclusion. In a 5 to 4 vote that the particulars of DOMA are unconstitutional. This decision reversed part of DOMA and allowed Windsor to be compensated for the false taxation and unconstitutional treatment. This decision means that same-sex couples who are legally married must now be treated the same under federal law as married opposite-sex couples. It is not constitutional to deny legally married couples, gay or straight, the rights they are due because the state has made a moral or ethical ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Same Sex Marriage/Marriage Equality Essay Example | Topics and Well Written Essays - 1000 words”, n.d.)
Same Sex Marriage/Marriage Equality Essay Example | Topics and Well Written Essays - 1000 words. Retrieved from https://studentshare.org/law/1492377-same-sex-marriage-marriage-equality
(Same Sex Marriage/Marriage Equality Essay Example | Topics and Well Written Essays - 1000 Words)
Same Sex Marriage/Marriage Equality Essay Example | Topics and Well Written Essays - 1000 Words. https://studentshare.org/law/1492377-same-sex-marriage-marriage-equality.
“Same Sex Marriage/Marriage Equality Essay Example | Topics and Well Written Essays - 1000 Words”, n.d. https://studentshare.org/law/1492377-same-sex-marriage-marriage-equality.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Same Sex Marriage/Marriage Equality

Legalizing same Sex Marriage

...? Legalizing same Sex Marriage Legalizing same sex marriage has become one of the most controversial debate in the United s of America. There are several arguments to this cause: every citizen has the right to pursue happiness; gay marriage is morally wrong; it is a travesty to the institution of marriage and family. One of the biggest fight in America, is the fight for equality. In the fifties and sixties, black Americans fought for equal rights, and this was one of the longest and most publicized fight since the abolishment of slavery. Today there is a new, tempestuous...
17 Pages(4250 words)Essay

Marriage Equality/ Same-sex Marriage in the United States

... no. Same-sex marriage in the United s: protections and rights Some s approved domestic partnerships or civil unions specifically for gay and lesbian couples that want to be married but there are still debates over marriage equality because these alternative unions only afford a measure of legal protection and not the rights as married couples. The aim of this essay if to examine the various protections and right accorded to same-sex couples in the United States. For better comprehension, the essay will focus on those protections and rights that are accorded to straight couples, yet remain elusive for same-sex couples. In the United States, the legal institution of marriage is, according to Lupu & Tuttle (293), monopolized... relating to...
4 Pages(1000 words)Essay

Marriage Equality/ Same-sex Marriage in the United States

...?Marriage Equality/ Same-sex Marriage in the United s It is important for children to have married parents. Therefore, the American Academy of Pediatrics believes that the same-sex couples need to be allowed to get married. According to a policy statement, same-sex marriage is a controversial topic but legalizing same-sex marriage would be the right thing to do. Every individual in the society has the equal right to participate in communal organizations. It is evident that the discussions on...
10 Pages(2500 words)Essay

Same Sex Marriage

..., individuals with a heterosexual orientation will continue with procreation, while those who do not have the prospective for having children can still be comfortable in the society (Polikoff, 104). Additionally, the recognition of same sex marriage will work towards establishing a society of equal values, where the rights of all individuals are respected, and especially the rights of the minority groups. Through the recognition and legalization of same sex marriage, the society will be acknowledging that all individuals in the society are of equal standards (Carroll, 24). However, there is still on...
3 Pages(750 words)Essay

Same Sex Marriage/Marriage Equality Case: United States v. Windsor

...of marriage, which are available to other couples with legal marriages under state law. (“United States v. Windsor”). Our country has always prided itself in being a melting pot of cultures and tolerant of things that are different. Yet we seem to fall short of those beliefs when it comes to same-sex couplings. Marriage is not an act that should be defined by the government because even without marriage, there are certain rights and privileges that are applied to common-law couplings, which are the unofficial unions between a man and a woman resulting in their performance of marriage responsibilities without the covenant...
4 Pages(1000 words)Assignment

Same Sex Marriage

...the homosexual community supported by the pro-gay rights activists who argue for the rights of same-sex citizens to be married just the same as heterosexual marriages; and the religious, social, moral and political authorities who do not support same-sex marriages. The legalization of same-sex marriages is thus an issue of common and urgent concern, and all voices must be heard before making a legal judgment in this situation. In the present situation of homosexual promiscuity especially in the gay community, and the looming threat of AIDS, same...
5 Pages(1250 words)Essay

Same Sex Marriage

...States. Nowadays it seems as though the administration is promoting Christianity by stating that the Bible declares that God says that marriage was intended for one man together with one woman. If the government would try to please everyone within this nation, it may be a total catastrophe. I suppose that there has been way over concentration on gay marriages, and too little on equal handling (Fisher, R. D., 1994). Gay marriages contradict the self-apparent truth of nature where male and female bodies are calculated for and match each other. Homosexual marriage may undervalue your marriage. An authorization to marry seems to be a lawful...
4 Pages(1000 words)Essay

Debating Same-Sex Marriage

...and equal judgments upon it so as to avoid infringing upon rights of others. Gay marriages should be allowed to enjoy the same privileges’ enjoyed by the majority because only minorities differ from the rest due to the fact that these individuals are commuted in terms of feelings and relationship. This is important because if we open doors to exclude others in terms of treatment it will imply that we are indeed creating loopholes for unfair treatments especially for the minority groups. Values such as equality, respect, a sense of belonging and dignity have to be upheld to avoid social tragedies that may affect us all (Mello, 30-46) Families of individuals who engage in...
4 Pages(1000 words)Essay

Same sex marriage issue

...due process, but also equal protection principles that are applicable to the Federal Government by injuring the class New York aims to protect. According to Kennedy, the failure of the Executive to defend §3 in court while denying refunds and at the same time assessing deficiencies resulted in a complication. In connection with this, the article claims that the government of the United States established a controversy that was sufficient for Article III jurisdiction by refusing to pay the refund to Windsor. However, the ruling by the amicus showed that it was the right of Windsor to ask for the refund of the tax she had paid because same-sex marriage...
1 Pages(250 words)Assignment

Same Sex Marriage

...://www.christiananswers.net/q-eden/edn-f018.html Web. 27 June 2015. Gill, Emily R. An Argument for Same Sex Marriage: Religious Freedom, Sexual Freedom, and Public Expressions of Civic Equality. Georgetown: Georgetown University Press, 2012. https://books.google.com/books?id=_yvrEme5tZ4C&printsec=frontcover&hl=ru#v=onepage&q&f=false. Web. 27 June 2015. Halperin, David M. One Hundred Years of Homosexuality. New York: Routledge, 1990. Hunter, Trent. "Did God Actually Say? Hearing Gods Voice On Homosexuality From The Storyline Of Scripture. (English)." Journal For Biblical Manhood & Womanhood 19.1 (2014): 22-28. Academic Search Complete. Web. 28 June 2015. King James...
7 Pages(1750 words)Term Paper
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Same Sex Marriage/Marriage Equality for FREE!

Contact Us