Legalizing Gay Marriage -- Pro Term Paper

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Even a Democrat, President Clinton signed the 1996 Defense of Marriage Act, which defines marriage to be a "legal union between one man and one woman." (Nwazota, 2003)

Currently many conservative political leaders from the Republican Party have aligned themselves President Bush's position on a formal amendment defining marriage in solely heterosexual terms. Several religious institutions, most recently the Catholic Church, have formally renounced the idea of same-sex marriage, referring to religious texts that define marriage as solely the union of a man and woman. But advocates of gay marriage counter that religious doctrine should not influence the creation of law, pointing to the Constitution's ban on an established religion, often referred to as separation of church and state. (Nwazota, 2005) to many Americans, marriage remains a cultural and religious institution and not just a legal debate, but their moral centers affect the way they see the law and the values of marriage the law should uphold. President Bush, during a recent news conference, cited his personal, religious beliefs in saying, "I believe a marriage is between a man and a woman.

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" (Nwazota, 2005)

Supporters of gay marriage stress, though, that not only are they seeking to protect civil liberties as cited in the equal protection clause of the 14th Amendment, they are also seeking to protect their families. Over a million children nationwide are currently in the care of homosexual parents. The way the laws are currently written, gay parents in times of crisis (such as when a child is seriously sick or injured and must be hospitalized) are not afforded the same rights as married (or legally divorced) parents. Thus regardless of personal morality on issues of homosexuality, supporters argue, these innocent children must be protected as well in the families they call home. Like the issue of marriage between different races as well, it may be that concerns for civil liberties and the children produced by such unions will win out over societal definitions of what morally and historically constitutes the uniquely heterosexual nature of marriage.

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