Many of the prominent researchers such as BYU has proven that same sex marriage is legal and Amendments should not be made to change the current constitution to violate the individual rights of these individuals. This paper will also use theories such as the loving Analogy and comparing slavery, and other forms of marriage to show how all citizens should be protected. Other areas of importance will include research and findings from Harvard Law on how courts determined if same sex union was permitted to be legal in their state.
The final area of this paper will conclude the findings and interpretations of my current review of the research to show that this should remain as a right that all individuals are permitted to partake in marriage to same sex partners during their lifetime. When the United State’s constitution was drafted, many topics in it were not as blatantly described as one would assume given its importance. This doctrine gave you the basis as to what law should dictate to citizens, but did not give exact do’s and don’ts on certain issues. In this document to many individuals’ unknown belief, there actually is no clause on marriage.
It designates that all persons should have equal rights. “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. ” (US Constitution). If we look at this last line, you see its evidence right there.
All citizens have the right to equal protection. With the debate of same sex marriage we see how states and the federal government are directly trying to violate this right. The current status of same sex marriage actually depends on where in the United States you may inhabit. The United States constitution was created September 17, 1787. The document was officially ratified on June 21, 1788. When it was written, the overall intention was to create a framework for citizens of the United States. It was the framework to how laws and government were to conduct themselves.
From its original creation, as years went by Amendments were written to address subjects that arise over time and had not been addressed by our founding fathers. Focusing our energy to present issues, same sex marriage has questioned the constitution and its amendments. Mainly we use the 14th Amendment, Due Process Clause and Equal Protection Clause. The Due process clause basically covers and prohibits state and local government from depriving life, liberty and property. The second, Equal Protection Clause requires each state to produce equal protection under the law to all people within its jurisdiction.
Using these two main sections and this Amendment itself we can base how current public opinion is driving legislatures and government to forget and violate individual’s rights base on their sexual preference. Putting restrictions on their right to engage in customs such as marriage violates and goes against the initial intentions of our founding fathers’, these main components will prove that allowing same sex union does not violate the US Constitution Constitution vs. Other Forms of Marriage Interracial Marriage was a form of marriage that was considered illegal prior to 1967.
Although the Emancipation Proclamation freed slaves it did not guarantee them full rights until almost 100 years later. In 1968, this was repealed. Prior to this year, interracial marriages were only recognized and permitted in certain states. Strictly enforced misgengation laws clearly segregated persons of different races to enter into a marriage. “North Caroline and California recognized interracial marriages that were lawfully performed elsewhere (BYU, 2008, p. 1894). If we compare the 14th Amendment to this type of prior law, we clearly see that equal rights and fairness to all citizens were not being followed.
The case of Loving vs. Virginia proved that not allowing people of different races to marry violated this amendment and others such as Equal Protection and Due Process. They banned marriage of equal citizens based on their race. At present, day, it is allowable but many still agree and will never accept these types of marriages. Teenage Marriages also at one point and time were under scrutiny. This was a common practice in the Middle Ages from settlers inhabiting the United States from Europe. It was a common practice in their cultures.
In the 60’s it started becoming illegal. Recognition again was at the discretion of the states. “The result reflects such things as how long the parties lived together after marriage, whether any children were born, whether it’s apparent that it was a bad marriage, whether the underage party or parties confirmed their marriage upon reaching majority, whether domestic statute that underage party was void or voidable, whether suit was civil or criminal (BYU, 2008, p. 1900). Again rights were violated. Equal Protection was only given based on the decision of the state.
Fueled by the feminist movements in the 70’s, they determined the rights for a minor when realistically they never took in account to the involved parties perspectives. At present time, teenage marriage is allowable to an extent. Minors which are considered under the age of 18 require parental or guardian consent to all the marriage to occur based on a states constitution. The next marriage to date that is illegal in the United States and remains this way is polygamy. In this type of union, a man has multiple wives whom all live harmoniously. It is also constitutionally banned.