Gay Marriage NATHANIEL MOODYNELLIE CALKINSMATTHEW HP

Definition

The issue is over whether members of the same sex should be able to marry and share the same rights as heterosexual spouses

Federalism Debate

One side: Nothing explicitly in Constitution regarding federal regulation of marriage, should be left up to states according to 10th amendment

Other side: Equal protection clause covers same-sex marriage, federal government should be able to define marriage

Pros & Cons of Gay Marriage

There are many pros and cons of gay marriage. It is a major issue amongst the U.S. today that includes civil rights, taxes, and even foster care.

Pros

● Gay marriage is protected by the Constitution’s commitments to liberty and equality.

● Same-sex marraige is a civil right● Gay marriage would make it easier for same-sex couples to adopt which would

provide stable homes for children who would be left in foster care otherwise● Gay marriage can bring financial gain to state and local governments.

Cons

● Marriage is a religious right between one man and one woman● Gay couples can’t produce children together● Forces people to pay taxes for something they do not support.

The Federal Level

● Many court cases dealing with gay marriage- Bakre v. Nelson was one of the earliest when two men were

denied a marriage license- the case has been cited in arguments against awarding federal benefits to same-sex couplest

● The Defense Marriage Act (DOMA)- Federal law that allows states to refuse to recognize gay marriages under the laws of other states

- United States v. Windsor was a court case that said Section 3 of the Defense and Marriage Act was unconstitutional under the Due Process Clause of the Fifth Amendment

- It was a case where the United States Supreme Court restricted the U.S. Federal interpretation of “marriage” to apply only to heterosexual unions.

Solutions

Legalize gay marriage and leave it up to the church to decide if they are willing to marry same-sex couples. Marriage is a religious practice and it should be the church’s decision on whether to marry same-sex couples. If the state must make the decision, however, there isn’t a significant downside to the state keeping it illegal. It has the potential to improve quality of life, get foster kids into loving homes, and bring in extra revenue for the state. The best possible solution for this issue is to legalize gay marriage.

Solutions Continued...● more and more Americans favor same sex marriage● As more and more people start favoring the right to gay marriage, a solution

would be to pass federal legislation allowing same-sex couples to marry● Another solution would be to amend the constitution- the constitution is people based so if the majority favors gay marriage, it should

expressed in written form in the constitution ● The same rights should be given to all people because excluding gays would just

be another form of discrimination.

More Solutions...

● Another solution is to allow states to have the power to choose to legalize or prohibit same-sex marriage. This would allow local governments to better reflect the ideas of their people. Plenty of states would end up legalizing it, so gays could choose to live in states that recognize their marriages. While gays should have the right to marry in every state, the federal government is not explicitly given the power to deal with marriage.

Works cited

"Pro & Con Arguments: "Should Gay Marriage Be Legal?"" N.p., n.d. Web.

"Growing Support for Gay Marriage: Changed Minds and Changing Demographics." Pew Research Center for the People and the Press RSS. N.p., n.d. Web. 20 Oct. 2014.

"History and Timeline of the Freedom to Marry in the United States | Freedom to Marry." History and Timeline of the Freedom to Marry in the United States | Freedom to Marry. N.p., n.d. Web. 19 Oct. 2014.

"Gay Marriage ProCon.org." ProConorg Headlines. N.p., n.d. Web. 21 Oct. 2014.