Wednesday, December 4, 2019

The Supreme Court ruling on same-sex marriage came Essays - Case Law

The Supreme Court ruling on same-sex marriage came to a victory by a 5-to-4 vote in which the Constitution guarantees a right to same-sex marriage. Many Americans were very excited with this movement while others opposed it. According to Justice Anthony M. Kennedy, he believed that "No union is more profound than marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice and family. In forming a martial union, two people become something greater than once they were." Also that marriage is a "keystone of our social order." It is easy to say that everyone who supports same-sex marriage agrees with these opinions made by Kennedy. On the other hand, many Americans despised the idea of same-sex marriage becoming a right for a multiple of reasons. Many non-supporters believe that marriage has always been a covenant between a man and a woman, which is by its nature ordered toward the procreation and education of children. Furthermore, it imposes its acceptance on al l of society, it defeats the state's purpose of benefiting marriage, it turns a moral wrong into a civil right, it violates natural law, and most importantly, it offends God. It is said that whenever one violates the natural moral order established by God, one sins and offends God. Same-sex marriage does just this. Accordingly, anyone who professes to love God must be opposed to it. In the end, though everyone has their own beliefs and values in what they agree and don't agree with, I will say that for those who oppose same-sex marriage do have more to protect their mindset with due to the fact that not even religion (God) accepts the idea of same-sex relationships as a whole. Gay marriage has become a major matter of political controversy in recent years. Reasoning as to why same-sex couples received constitutional protection only recently is because according to the 14th amendment, they have the constitutionally protected right to marry. Kennedy had said that the due process clause of the 14th amendment extends to "certain personal choices central to individual dignity and autonomy, including intimate choices that define personal identity and beliefs." He claimed that "the generations that wrote and ratified the Bill of Rights and the Fourteenth Amendment did no presume to know the extent of freedom in all of its dimensions, and so they entrusted to future generations a charter protecting the right of all persons to enjoy liberty as we learn its meaning." Chief Justice John Roberts argued that the issue was not within the courts realm to decide. "This Court is not a legislature," Roberts wrote, calling the majority's decision "an act of will, not legal judgment." "Whether same-sex marriage is a good idea should be no concern to us. Under the Constitution, judges have power to say what the law is, not what it should be." The Supreme Court ruling continues to be contested because of the idea of whether or not married gay city employees must be given spousal benefits. A lot of taxpayers do not agree with the extension of spousal benefits to partners in same-sex marriages. They are arguing that legally recognizing a same-sex couple doesn't necessarily mean that they have to extend the same employee benefits as they do to heterosexual married couples: "No city employee- whether heterosexual or homosexual- has a fundamental right' to receive employee benefits for his or her spouse. It is perfectly constitutional for the government to offer benefits or subsides to some married couples while withholding those benefits from others." The U.S Supreme Court says that gay people have a fundamental right to marry but no right to equal benefits. Gay couples expect to have the same legal consequences that straight couples have. Discrimination against gay people just because they are gay is a violation of eq ual protection.

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