Gay Marriage and Its Constitutionality Term Paper

Open, View, and/or
Download this Document

Total Length: 1383 words ( 5 double-spaced pages)

Total Sources: 1+

Page 1 of 5

" (Quoted in Hillary Goodridge & others v. Department of Public Health...") Implementing the Court's decision, Massachusetts made same sex marriage legal in the state on May 17, 2004; it is thus far the only state to do so. Most other states have enacted constitutional provisions that define marriage as a union of one man and one woman.

Conservatives Propose Constitutional Amendment: The legalization of gay marriage in Massachusetts and issuance of marriage licenses by some other states has created a backlash among the conservatives, and right wing religious groups. They have proposed an amendment in the U.S. constitution that would prohibit same-sex marriage at the federal level. On February 24, 2004, President George W. Bush proposed a 28th Amendment to the U.S. Constitution called the "Federal Marriage Amendment" (FMA) by declaring: "our nation must enact a constitutional amendment to protect marriage in America." ("President Calls for...") the proposed FMA intends to take the Federal defense of Marriage Act a step further by reserving the rights of marriage for a man and woman only as it proposes a federal definition of marriage as "the union of a man and a woman." The amendment would restrict each state's own definition of marriage allowed in DOMA and would also limit judiciary's powers by overriding anti-discrimination guarantees. Voting on the proposed constitutional amendment has not taken place so far as an amendment in the U.S. Constitution requires approval by a two-thirds majority in the U.S. House of Representatives and the Senate, and ratification by three-fourths or 38 of the state legislatures.

Stuck Writing Your "Gay Marriage and Its Constitutionality" Term Paper?

View All Our Example Gay Marriage and Its Constitutionality Term Paper

Have A Custom Example Essay Written

This is unlikely to be achieved in the foreseeable future. Liberal institutions such as the ACLU actively campaign against the proposed amendment and consider it a reversal of our constitutional tradition of protecting individual freedoms. (Johnson, "Federal Marriage Amendment")

Federal Judge strikes down Nebraska Gay Marriage Ban: On May 12, 2005 a U.S. Federal District Judge in Nebraska struck down sweeping provisions of the Nebraska constitution that defined marriage as only between a man and a woman and banned same-sex civil unions, domestic partnerships and other similar relationships as a violation of the Equal Protection Clause of the Fourteenth Amendment. (Curry) the ruling has brought a storm of protest from opponents of gay marriage who have re-activated their call for the proposed amendment in the U.S. Constitution.

Conclusion

The issue of gay or same-sex marriage has been a deeply divisive issue in the United States that has polarized its politics and the society itself. The anti-gay movement suggests that same sex marriages threaten the time-honored institution of marriages between man and woman and the traditional concept of a family. Supporters of gay marriages consider any restrictions placed on same sex marriages as a grave violation of the equal rights guaranteed by the 14th Amendment. The deep division on the issue is reflected in vastly different state laws about gay marriages and the differing interpretation of the U.S. Constitution by the Liberals and the Conservatives.

Works.....

Show More ⇣

     Open the full completed essay and source list


OR

     Order a one-of-a-kind custom essay on this topic


sample essay writing service

Cite This Resource:

Latest APA Format (6th edition)

Copy Reference
"Gay Marriage And Its Constitutionality" (2005, May 20) Retrieved June 25, 2025, from
https://www.aceyourpaper.com/essays/gay-marriage-constitutionality-64970

Latest MLA Format (8th edition)

Copy Reference
"Gay Marriage And Its Constitutionality" 20 May 2005. Web.25 June. 2025. <
https://www.aceyourpaper.com/essays/gay-marriage-constitutionality-64970>

Latest Chicago Format (16th edition)

Copy Reference
"Gay Marriage And Its Constitutionality", 20 May 2005, Accessed.25 June. 2025,
https://www.aceyourpaper.com/essays/gay-marriage-constitutionality-64970
   

Open, View, and/or
Download this Document
order custom essay example