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Article IV
Section 1
Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.
Article [I]13
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
17 days to graduation
ReplyDeletewhat is the date today?
ReplyDeleteSame sex marriage should be protected under the "equal protection" clause of the Constitution. Although the traditional meaning of marriage is considered to be between a man and a woman, there is nothing in the Constitution that directly restricts gay couples from getting married. Religious and personal beliefs vary greatly throughout the country, which is why I feel the Supreme Court has not made an ultimate decision yet, but under the Constitution, the freedom of belief and freedom of expression are both protected. While traditional marriage is seen to be between a man and a woman, I feel that if not now, same sex marriage will be legal, as it is already Constitutional, within the next 10 years. Not only is there growing support for it nationally, but also there is no basis for same sex marriage not to be legal, as marriage should simply the union of two people, regardless of gender or sexual orientation.
ReplyDeleteDenniston, Lyle. "The Most Compelling Arguments Against Legalizing Gay Marriage." Business Insider. Business Insider, Inc, 29 Nov. 2012. Web. 08 May 2014.
- Alden Boldt
There is no stance that anyone could possibly have against the establishment of same sex marriage, according to constitutional law. The constitution states that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof". However, the sole opposition to homosexual marriage using a constitutional background is with a statement of the fact that "It offends God". However, one's choice whether to or not to believe in God is generally based upon their religious preferences. And, as we know from the constitution, Congress cannot make any law that affects a religious practice. Therefore, this argument is simply invalid and cannot withstand in the Supreme Court. With that being said, there are no grounds for opposers to stand upon in disagreement with the validity of a certification of marriage between a man and a woman, or a man and a man, or a woman and a woman. If there is nothing against it, there is nothing deeming it as illegal.
ReplyDeleteTFP Student Action. "10 Reasons Why Homosexual." TFP Student Action. American Society for the Defense of Tradition, Family and Property., 2914. Web. 05 May 2014.
~Roy Faigenbaum~
33 states have gay marriage bans through either laws or constitutional amendments or both. On March 21, a federal judge in Michigan ruled that state's ban on same-sex marriage is unconstitutional. This ruling joins with similar rulings in Virginia, Kentucky, Texas, Oklahoma and Utah. Opponents of same-sex marriage base their arguments off religion, saying that it is not what "God" intended. However, the First Amendment of our constitution states, "Congress shall make no law respecting an establishment of religion..." meaning we have the right to believe in any religion we want, or to not believe in a religion. Also, congress cannot establish a law regarding religion because not everyone believes in the same religion. Therefore to oppose same-sex marriage through religious beliefs itself is unconstitutional. Americans have every constitutional right to get married, whether it be with a man and a women, two men, or two women.
ReplyDelete"Defining Marriage: State Defense of Marriage Laws and Same-Sex Marriage." National Conference of State Legislatures. NCSL, 26 Mar. 2014. Web. 06 May 2014.
- Tony Barraco
I believe same sex marriage is constitutional. The government should not outlaw same-sex marriage just because many people are homophobic and do not believe in same sex couples. Instead, the government should act according to the Constitution. The first amendment protects our freedoms of expression, including the right to peaceably assemble. Therefore, same-sex marriage should be legal because one should be able to assemble in any manner as long as it is peaceful. The first amendment also grants us the right to petition the government for a redress of grievances. If one objects to a law or act of the government, they have the right to address and petition the government based on that objection. Many states are currently doing this by reviewing and appealing previous rulings in attempt to move towards the legalization of same-sex marriage. In addition, according to the full faith and credit clause of the Article IV, section 1 of the constitution, each state must obey the regulations set forth by the other states. For example, if a gay couple gets married in Massachusetts and then moves to Idaho (in which same-sex marriage is banned), Idaho must accept the couple’s MA marriage license. However, Congress can intervene to pass laws that regulate these interactions. For instance, the constitutionality of same-sex marriage has again reached the Supreme Court. If the Supreme Court rules that same-sex marriage is constitutional, then each state must obey this law. Same-sex marriage should be deemed constitutional based on the freedoms granted by full faith and credit clause and the first amendment, not by peoples’ opinions. “’You can be for same-sex marriage, you can be against same-sex marriage,’ … ‘But the Constitution doesn’t settle that question.’” (Anderson)
ReplyDeleteBarnes, Robert. "Same-sex Marriage Battle Escalates to Force Supreme Court Decision on Constitutionality." The Washington Post. N.p., n.d. Web. .
- Nicky Friedman
Same-sex marriage bans violate the Constitution's equal protection clause. Same-sex, or gay, marriage is now legal in over 30 states, however, there are still many that don't agree with the act. For whatever reasons, whether it be religion or moral beliefs, these states are infringing upon there citizens constitutional rights. In the case of California, when the state's supreme court ruled that same-sex marriage was now legalized under the state constitution, the state became outraged. "Campaigns were waged, rallies were held, and Proposition 8 – a voter referendum amending the state Constitution, declaring that “only marriage between a man and a woman is valid or recognized in California” – was passed by 52 percent of voters." (Annenberg). However, this so-called Prop 8, was deemed unconstitutional by the federal government as it infringes upon the citizens rights of the equal protection clause. No one person was designed as to be better than another, so particular state governments should stop treating partakers in this act as inferior. Same-sex marriage is protected by our constitution.
ReplyDeleteAnnenberg, Lenore. "Same-Sex Marriage." Annenberg Classroom. Resources for Excellent Civics Education, n.d. Web. 8 May 2014. .
-Charlie Corcoran
Constitutionally there is absolutely nothing illegal about gay marriage. Under the first amendment “congress shall make no law respecting an establishment of religion” since marriage is religion then there is nothing wrong with gay marriage. There is nothing in the constitution that says anything against the same sex marriage. It is not so much the congress that is against gay marriage, but some churches are extremely against it. Marriage has always been between a man and a woman. Since this has been the tradition for so long, not many churches, or even religions are willing to change what they believe.
ReplyDelete-Emily Barclay
The first amendment states that, “The United States Constitution prohibits the making of any law respecting an establishment of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering with the right to peaceably assemble or prohibiting the petitioning for a governmental redress of grievances.” Each United States citizen should have equal rights. Religion for most of the people against gay marriage is the base of their reasoning. The Bible believes that marriage is between a man and a woman. Leviticus 18:22 classify homosexual sex as an abomination, and a hateful sin. In present day, more people are changing their minds about religion and the belief in God. In 1865 congress passed the thirteenth amendment stating, "Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction." In the 1800’s people believed the African Americans were not equal to white men and woman. But as years go by times change and people’s opinions alter. Throughout the years we have changed amendments saying that African Americans and whites are equal and that women could vote. The First amendment says that each United States citizen has a right to have the making of any law respecting an establishment of religion, abridging the freedom of speech, infringing on the freedom of press, interfering with the right to peaceably assemble or prohibit the petition for governmental redress of grievances. Homosexual couples should have all the same rights as men and women. The Declaration of Independence states, “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness.” Homosexual couples should be given the right to their pursuit of happiness. Millions of homosexual couples are discriminated against every year. Because of the discrimination against them, they are not given the right to marry the one they love. Many states are already supporting gay marriage and I believe that in the near future we will look back and realize how ridiculous it was to be against gay marriage in the first place.
ReplyDelete"First Amendment to the United States Constitution." Wikipedia. Wikimedia Foundation, 05 June 2014. Web. 06 May 2014.
"First Amendment to the United States Constitution." Wikipedia. Wikimedia Foundation, 05 June 2014. Web. 06 May 2014.
"United States Declaration of Independence." Wikipedia. Wikimedia Foundation, 05 July 2014. Web. 08 May 2014.
"What Does the Bible Say about Gay Marriage / Same Sex Marriage?" GotQuestions.org. N.p., n.d. Web. 08 May 2014.
-Allie Brazo
Due to the First Amendment and "equal protection" clause of the American Constitution, same sex marriage should be protected. While this is being decided this month in the Supreme Court it is clearly something that should be allowed and be declared Constitutional. There aren't any reasons that same sex marriage should be declared Unconstitutional. The Constitution says that the government shall make no law that prohibits one from a certain religion, idea, and so forth. Most of those who are against same sex marriage say that it is "not what God intended" which may be their opinion. However, it is everyone's own opinion and business to believe in or not believe in whatever religion they want, therefore, same sex marriage should be protected the same way freedom of religion and freedom of speech are. Because of the First Amendment and the "equal protection" clause, the US Supreme Court should rule that same sex marriage is Constitutional.
ReplyDelete"Same-sex Marriage Advocates Making More Noise than Traditional Marriage Supporters." DeseretNews.com. N.p., n.d. Web. 08 May 2014.
Ben Harff
Growing up in two cities of extreme support for gay rights (San Francisco and Seattle), I believe that same-sex marriage is protected by the Constitution. The first amendment allows not only for the freedom of speech, press, religion, petition and assembly, but also the right to expression. I think that gay marriage can be incorporated through this clause as well as the 14th Amendment. However, obviously there is heavy opposition to this view as not all states have passed the act, as marriage is left to the states discretion. However, this has promoted even more of a controversy as the full faith and credit clause complicates the gay marriage between states. Yet surprisingly, a majority of states have passed this act and “gay marriage is now legal in over 30 states” (Charlie Corcoran). “The Supreme Court has decided marriage cases under both the Due Process and Equal Protection Clauses of the 14th Amendment. The Due Process Clause protects fundamental rights while the Equal Protection Clause prohibits discrimination” (Lithwick and West). Therefore I believe that gay marriage is protected under the Constitution.
ReplyDeleteLithwick, Dahlia, and Sonja West. "Why Obama’s Words Didn’t Go Far Enough." Slate. N.p., n.d. Web. 8 May 2014. .
-Pete W
As the first amendment says “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof”, therefore this supports the choice to marry whoever you want. The majority of the people who don’t support same-sex marriage back up their beliefs with religion. Religion is a choice, and I believe is not a strong enough platform to base an argument on. This being said, because religion is so controversial, the banning of same-sex marriage will never be put into action. I support same-sex marriage and believe that because our Constitution allows people to have the freedom of choice, the states that do not allow that choice will follow the ongoing trend of passing that law. There are over 30 states that allow same-sex marriage. I predict that same-sex marriage supporters will grow and in the next 5 years 10 or more states will make it legal.
ReplyDelete"First Amendment." LII / Legal Information Institute. N.p., n.d. Web. 06 May 2014. .
-Allegra Horstmann
Same-sex marriage is protected under the constitution of the United States of America. As set fourth by the first amendment, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances” (Cornell University Law School). Same-sex marriage falls under these freedoms, because these freedoms cover expression of citizens of the United States of America, and gay marriage is an expression. The “equal protection clause” absolutely covers and protects same-sex marriage, and therefore under the United States constitution should be legal in all 50 states.
ReplyDelete"First Amendment." Cornell University Law School. N.p., n.d. Web. 08 May 2014.
-Troy Bernier
Under the first amendment of the constitution, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech," same-sex marriage is not illegal. There is nothing in the constitution that prevents gay people from getting married. The government cannot restrain same-sex marriage or make laws against it because it violates the "equal protection" clause of the constitution. Marriage is between two human beings that love each other and the constitution protects that. Why can't two women or two men get married? Whether it is moral beliefs or religion, 33 states all over America ban same-sex marriage. Most of these states ban same-sex marriage through laws or constitution which is illegal. Furthermore, congress cannot ban same-sex marriage because of religion beliefs because everyone has a different religion. It is unconstitutional to disagree with same-sex marriage. These people deserve the right to get married. The government needs to stop treating homosexuals inferior to heterosexuals, and congress needs to start respecting the constitution.
ReplyDeleteRonnie Lortie
"Defining Marriage: State Defense of Marriage Laws and Same-Sex Marriage." National Conference of State Legislatures. NCSL, 26 Mar. 2014. Web. 08 May 2014.
Because the first amendment to the U.S. Constitution protects the freedom of religion as well as the freedoms of expression, I think that under the constitution same sex marriage is indeed constitutional. However, because of this freedom of religion Christians (or any other religion that follows their concepts) will naturally disagree with the approval of same sex marriages, because a non-heterosexual relationship is not the will of God. On the other hand, those who do not follow a religion or do not adhere strictly to their religion will most likely have no problems with the idea of same sex marriages. Article IV, Section 1 ensures that states respect and honor the state laws and court orders of other states, even when their own laws are different. For example if same sex marriages are legal in California and a married gay couple from California moves to Kentucky where same sex marriages are banned, the state of Kentucky is required to recognize, honor and respect California’s state laws. However only a few states are required to recognize gay marriages performed in other states. The first amendment also grants people the right to petition the government for a redress of grievances. Therefore, if one objects to a law or a government action, they have the right to petition and address the government for a change. One would assume that homosexuals are able to petition for the legalization of same sex marriages.
ReplyDelete"Article IV Section 1." Annenberg Classroom. N.p., n.d. Web. 06 May 2014.
M.Denton
Again, the constitution states, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances” [Constitution]. This statement supports the rights of individuals to express themselves freely and peacefully in its entirety. With this interpretation of the constitution, it is the peoples’ right to carry out their belief, even if the belief is in same sex marriage. There should be no law, set by the government, which forbids the marriage of same sex couples. They have the right to their principles and ideas as long as it does not pose as a threat to their peers. With that being said, religions also have the right to express their beliefs against same sex marriage. I believe that same sex marriage is acceptable under the constitution, but it will ultimately be up to the citizens of America to develop the tolerance and respect for same sex marriage.
ReplyDelete-Nunez
Jefferson, Thomas. "Constitution." N.p., 17 Sept. 1787. Web. 8 May 2014.
To be able to live in the United States is a privilege because of our rights granted to us through the Constitution. Everyone is created equal, no black man is lesser than a white man, and a straight man is not superior to a gay man. Bias opinions and segregation is what we as a country abolished in order to prosper. The “equal protection clause” should be able to protect an individual’s right to partake in the same sex marriage. In the constitution there is no statement which prohibits the rights of a man or women who is attracted to their own gender. Article IV states that Full Faith and Credit shall be given in each state to public acts and that congress may have the final ruling on whether or not the proceedings shall become reality. In addition Article I section 13 affirms that congress can make no rule against the establishment of religion nor prohibit the free exercise thereof; or abridge the freedom of speech, or of the press; or the right of the people peaceably to assemble…” none giving reasons against the constitutionality of same sex marriage. Therefore I believe that same sex marriage abides under the constitution which is why it should be legalized in all States rather than 33 of them.
ReplyDelete-Austin Zaepfel
In the world we live in today, there are countless amounts of people with different characteristics, different personalities and different beliefs. The constitution states, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abiding the freedom of speech, or of the press: or the right of the people peaceably to assemble, and to petition the government for a redress of grievances". It is this statement alone that has the power to allow any citizen, man or woman to express themselves in the manner in which they please. It allows men to be with men and it allows woman to be with woman, which I believe should be accepted by us all. This interpretation of the constitution allows people to carry out there rights and express them freely. No law in the church nor in the government should be set to abandon or prevent the marriage of same sex couples. Although some churches forbid gay marriage, I believe that power should be taken away from them. Being gay does not mean you believe in god any less than a straight person, and I do believe anyone no matter what the situation should be allowed to get married in the church. Same sex marriage is defiantly acceptable to me and the constitution, but does everyone have the same tolerance when it comes to this topic?
ReplyDeleteLavante,
Jefferson, Thomas. "Constitution." N.p., 17 Sept. 1787. Web. 8 May 2014.
The debate over the legalization of same sex marriage has been a prominent issue in our society for many years now. Many oppose gay marriage due to religious and personal beliefs, but despite those peoples personal reservations about the issue the right to same sex marriage is protected under both the first amendment and the full faith and credit clause. In 2013 twelve states had acknowledged same sex marriage. In several states the state Supreme Court viewed bans on gay marriage to violate the state constitutions. Although marriage is traditionally thought to take place between a man and a woman, I believe that gay marriage will soon be legalized due to the growing national support for same sex marriage and because of the progressive ideology that stems from the younger generation.
ReplyDelete- Sydney Beldock
"The Right to Marry." Exploring Constitutional Law. Doug Linder. 9 May , 2014.
Charlie Quaintance
ReplyDelete10:05 PM (9 hours ago)
to me
Below is my blog post. It is still refusing to let me post to the blog:
The issue of same-sex marriage is a highly controversial topic in the United States today. With regards to the Constitution of the United States of America, I believe that it would be unconstitutional to ban same-sex marriage in the United States. Under the Constitution, every American has the right to freedom of speech, religion, and from that, expression. In my eyes if it is within the law for people of different religious faiths and beliefs to practice their religion freely then it should follow that homosexuals can marry one another just as heterosexuals can marry one another. There is no article or section in the Constitution that specifically states regulations of any type for marriage. In my eyes, what makes this country so great is the freedom to express oneself under the safety of the law. If the United States were to declare a ban on same sex marriage I believe that there would be massive objection to this not only from homosexuals but also to believers in the Constitution of the United States.
"Same-sex Marriage." CNN. Cable News Network, n.d. Web. 05 May 2014.
It makes me sad to think that in this day in age, citizens are still being judged because of their personal interests. In a perfect world there would not even be a discussion about equality because everyone would have it. Same sex marriage has been the most debated moral political issue in the last decade. After many disputes within our country, gay marriage is protected under the first amendment and the full faith and credit clause. People have a right of expression and it baffles to me to know that it took this long to legalize same sex marriage. Despite the fact that all gay people finally got the okay from the government, there are still places in the United States where this isn’t aloud. People like to think that the United States is a completely accepting warm country, and we are for the most part. However, we as a country are so concerned with what other people do with their lives. Same sex marriage should have never been an issue from the beginning. If two people love each other, no matter who they are and how they live their lives, its not anyone’s business but their own. Now protected in the first amendment and constitution, in certain states people have the right to gay marriage. In my opinion this is worse than having only some states. Same sex marriage should be aloud around the globe, not confined to the majority of the United States.
ReplyDeleteSam Lewis
The topic of same-sex marriage is a global controversy. The main reason being that the topic conflicts with various religious backgrounds. However, the United State’s constitution ensures the right to freedom of religion and expression, and there is no specific reference to the prohibition of same-sex marriage. There is essentially nothing unconstitutional about same-sex marriage; however, the government is too divided in its beliefs to address the topic. Aside from religious views, many citizens of the United States are just too accustomed to traditional social norms, such as boyfriend and girlfriend, or husband and wife. Denying people the right to same-sex marriage is essentially depriving them of their free will. If the constitution is supposed to protect one’s freedom of expression, than same-sex marriage should be made legal.
ReplyDeletePeter Hoover
The people of the United States have long frowned upon same sex marriage, but it is a state-by-state issue. With the advancement of our cultural beliefs many states have begun to allow same-sex couples to marry under that states constitution. As recently as 2006 California, considered to be one of the most liberal states, did not allow people to officially marry unless it is a man and a women. Same sex marriages should be allowed unquestionably in all 50 states; to question this infringes on the Equal Rights Amendment to the constitution. The US District Chief, Vaughn R. Walker, ruled that the California law banning same sex marriage was unconstitutional. “In his ruling in Perry v. Schwarzenegger, Walker said the state’s marriage law ‘both unconstitutionally burdens the exercise of the fundamental right to marry and creates an irrational classification on the basis of sexual orientation’ (Annenbergclassroom.org).” By classifying the rights of individuals based on their sexual orientation, we question the roots of our country that America was founded on, “All men are created equal.”
ReplyDelete-Fortenbaugh
"Speak Outs - Do Gay Marriage Bans Violate the Constitution's Equal Protection Clause?" Annenberg Classroom. Annenberg Public Policy Center, n.d. Web. 09 May 2014.
While some states have dragged their feet in the legalization of gay marriage, and Article IV Section 1 says that "full faith and credit" should be given to the laws in each state, I think that a violation of the first amendment of the United States calls for some influence from other states and even the federal government. The largest that reason gay marriage is frowned upon and outlawed in our country is the religious belief that a family can not be raised by two people of the same sex. Yes, it is not possible to procreate when there are sexual relations between two gay people; does that mean that they can't love each other? I think that the federal government should pass a bill modeled after the freedom of expression and prohibition of religious rule that protects the rights of gay people in the United States. This would force all states to legalize gay marriage, ending the problem encountered in Article IV Section 1 where a state is not allowed to influence other states. The first amendment must be followed, legalize gay marriage.
ReplyDeleteCyrus
I believe that the first amendment of the Constitution as well as the Equal Protection Clause protect same sex marriage as constitutional. The main argument against same sex marriage stems from religion, with those opposed to it claiming that it is unnatural. However, under the Establishment Clause of the first amendment which states "Congress shall make no law respecting an establishment of religion...", Congress can not make a law based on religion as the United States allows citizens to practice religion freely. This amendment also protects a citizen's right to "the freedom of speech, or of the press: or the right of the people peaceably to assemble, and to petition the government for a redress of grievances." This amendment protects each citizen's right to peacefully express themselves in any manner, and I believe same sex marriage is included. Also, same sex marriage is protected under the Equal Protection Clause, meaning that if a couple gets married in a state allowing same sex marriage such as California, and then moves to a state that bans same sex marriage such as Alabama, their marriage must be seen as legitimate. Under the Constitution, specifically the First Amendment and Equal Protection Clause, I believe that same sex marriage is constitutional and probably will be made legal in all states in the near future.
ReplyDelete- Jackson Aldam
Davis, Lanny. "Is Same-Sex Marriage a Constitutional Right?" Newsmax. N.p., 17 May 2012. Web. 09 May 2014. .
"Establishment Clause." Wikipedia. Wikimedia Foundation, 05 July 2014. Web. 09 May 2014. .
"First Amendment to the United States Constitution." Wikipedia. Wikimedia Foundation, 05 June 2014. Web. 06 May 2014. .
Same-sex marriage is a global controversy that has become a major topic of tension in the US today. But there is no constitutional argument that should prevent the marriage of same-sex partners, both men and women should have the right to marry whom ever they wish. Article IV states that “The United States Constitution prohibits the making of any law respecting an establishment of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering with the right to peaceably assemble or prohibiting the petitioning for a governmental redress of grievances". This means that people are free to do as they please and it is their right to believe in what they want as long as it does not violate any ones rights. This along with the equal protection clause, which states that all people no matter their beliefs, feelings or religion, people of all sexual orientations should be able to marry whom ever they want under the law. Same-sex marriage should be legal in all states and it is clearly legal in terms of the constitution.
ReplyDelete-Kevin O'Neill
Growing up, I was taught to treat others the way I would like to be treated, no matter their race, religion, or their beliefs. The first amendment of the United States constitution protects the right to freedom of religion and expression. So, essentially, everyone has the right to believe, say, and express anything they want to. Whether or not to legalize same sex marriage has been an on-going issue for decades now. Since 2000, 16 countries, not including the US have given people the rights they deserved and legalized gay marriage. Although, as a whole, America has not legalized gay marriage, 17 states have. The gay community has already made a tremendous amount of progress, they have a lot of backing and I believe that same sex marriage will be legal all over the world sometime in the near future. I think the reason it is taking so long to legalize same sex marriage is because it’s against many religions, and it is very untraditional. But no matter your sexuality, you should be given the same rights, and be treated the same way as anyone else.
ReplyDelete-Lauren Henman
"Marriage Equality." LGBTQ Nation RSS. N.p., n.d. Web. 07 May 2014. .
Same sex marriage is an opinionated topic throughout all of the Unites
ReplyDeleteStates and can cause quite a stir in some states. Personally, I believe same sex
marriage should be legal in all states, and everyone should have the right to marry
regardless of their sexual preference. The first amendment protects the freedom of
expression, which can directly correlate to the freedom of choosing who to marry.
So, constitutionally it is right to have same sex marriage. The states, however,
are allowed to choose whether to permit this or not, and it is pretty clear in the
constitution that same sex marriage is perfectly all right. “Congress shall make no
law respecting an establishment of religion, or prohibiting the free exercise thereof;
or abridging the freedom of speech, or of the press.” The only opposing side to this
is that it “isn’t normal” or that it goes against God. In reality, everyone has different
religious backgrounds, and your belief shouldn’t affect other people’s lives that are
happy together. Clearly it is constitutionally right to allow same sex marriages to
occur.
Davis, Lanny. "Is Same-Sex Marriage a Constitutional
Right?" Newsmax. N.p., 17 May 2012. Web. 09 May 2014.
-Craig Puffer
Over the past couple of years a very controversial subject, gay marriage, has surfaced and become an extremely popular subject in recent news. State to state, the law on gay marriage varies. Seventeen of the United States states permit same sex marriage, thirty-three have it banned, however, all fifty are constitutionally entitled to be accepting of it. Amendment one of the constitution directly quotes “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances”, essentially saying that marriage of any type cannot be monitored nor denied by any created law. Paraphrased, article six, section one of the constitution gives states the right to create laws different from their neighboring states or any other state, and may enforce laws differently than other states. However, this should be ignored when it comes to same sex marriage because, it is discrimination against ones beliefs and freedom of expression, two things our country stands by and honors. It is unfair to any couple in love, regardless of sex that only certain states permit their marriage. Same sex marriage is not directly approved in the constitution, nor is it prohibited. The main reason it is controversial is due to religion and the Catholic Church, however, the Constitution also states that people have the right to freedom of religion, meaning they do not have to abide by the Catholic laws. It is solemnly up to people who they would like to marry and freedom of expression and religion are huge reasons people admire the life here in the United States. When it comes to same sex marriage, the Constitution is being interoperated completely wrong.
ReplyDelete-Troy Pierre-Louis
Thanks
I believe that same sex marriage is constitutional. The first amendment grants everyone the right to freedom of expression. It states. “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.” This means that every individual has the right to express him or herself in a free and peaceful manner. There should not be a law the forbid the marriage of same sex couples. Everyone should have the right to his or her own happiness. Same sex marriage does not hurt or pose a threat to anyone. I strongly believe that same sex marriage is acceptable under the constitution.
ReplyDeletehttp://www.law.cornell.edu/constitution/first_amendment
I agree with Alden Boldt when he writes, “same sex marriage should be protected under the ‘equal protection’ clause of the constitution,” but I think a certain compromise should be made to satisfy both gay and strictly religious citizens. Since marriage seems to derive from a religious union of a man and a woman, gay couples should be able to enter into a civil union to receive all the rights and privileges of a married couple. I believe this compromise is the most likely for all Americans to agree on.
ReplyDeleteFurthermore, gay couples in civil union should be free to move to any state in the country and have their union recognized under the full faith and credit clause. The joining of a man and woman through marriage may have a religious basis, but if the United States truly has no religious bias gay couples must be allowed to obtain the same rights and privileges through civil union. State law that arbitrarily restricts the rights and privileges of marriage to a man and woman is therefore unconstitutional. Evidently, same sex civil union must be protected under citizens first amendment rights and extended to each state under the full faith and credit clause.
Works Cited
Alden Boldt
"First Amendment." LII / Legal Information Institute. N.p., n.d. Web. 07 May 2014. .
"Article IV." LII / Legal Information Institute. N.p., n.d. Web. 09 May 2014. .
Dylan O'Connor
It is difficult to comprehend why it is hard for some people to accept same sex marriage, especially in this modern age. Gay marriage is a global controversy, which in reality should not exist at all. Under the Constitution people are granted their freedom of religion and expression. Which makes it legally okay for people to disagree with same sex marriage, and legally equally okay for same sex couples to exist. It is unjust for the United States of America to state that it is a country founded on freedom, if citizens are stripped from their rights to marry someone of the same sex in some states. Although there are 33 states that have already accepted same sex marriage, there is still a long way to go. Constitutionally same sex marriage is completely legal and it is about time that our country recognizes that and permits it across the country.
ReplyDeleteLucia Perkins
Over the past couple of years a very controversial subject, gay marriage, has surfaced and become an extremely popular subject in recent news. State to state, the law on gay marriage varies. Seventeen of the United States states permit same sex marriage, thirty-three have it banned, however, all fifty are constitutionally entitled to be accepting of it. Amendment one of the constitution directly quotes “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances”, essentially saying that marriage of any type cannot be monitored nor denied by any created law. Paraphrased, article six, section one of the constitution gives states the right to create laws different from their neighboring states or any other state, and may enforce laws differently than other states. However, this should be ignored when it comes to same sex marriage because, it is discrimination against ones beliefs and freedom of expression, two things our country stands by and honors. It is unfair to any couple in love, regardless of sex that only certain states permit their marriage. Same sex marriage is not directly approved in the constitution, nor is it prohibited. The main reason it is controversial is due to religion and the Catholic Church, however, the Constitution also states that people have the right to freedom of religion, meaning they do not have to abide by the Catholic laws. It is solemnly up to people who they would like to marry and freedom of expression and religion are huge reasons people admire the life here in the United States. When it comes to same sex marriage, the Constitution is being interoperated completely wrong.
ReplyDeleteTroy P
Clearly the constitution states “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble”. Same sex marriage is topic of discussion that will always be debated in America. There are currently 33 states in America, but all of them can accept to same sex marriage. Everyone in America according to the Constitution has the right to do what makes them happy. If same sex marriage is what makes you happy, then as long as nobody is harmed in any way it should be allowed. But unfortunately there are states like Oklahoma that have banned their state government from even debating if same sex marriage should be allowed. So in Oklahoma talk about same sex marriage is illegal. It is unfortunate that people aren’t allowed to be who they really because of the negative connotation that come along with being gay.
ReplyDeleteTJ Adams
I believe that same sex marriage should be allowed in every state from a moral perspective. However, when determining whether or not same sex marriage should be allowed legally, it gets a lot more complicated. The first Amendment does protect freedom of religion and expression, but does not directly address the issue of same sex marriage. This means that the States are reserved the right to decide on same sex marriage. This is where it gets very complicated. Article IV section 1 of the Constitution says that “Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state.” This can be applied to marriage licensees so that every state must give “full faith and credit” to someone who is married lawfully in another state. This does not mean that every state is forced to allow same sex marriage in their state. To address the issue of tax exemptions; if a person is a citizen of a state that does not allow same sex marriage but was married in another state, then that person does not have to be recognized as married by the state in which they are a citizen. Therefore they do not get the tax exemptions that married couples do.
ReplyDeleteHowever the Article IV section 1 also says that, “And the Congress may by general laws prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof.” This means that Congress could pass legislation that either forces all states to recognize all marriage licenses lawfully obtained, in every aspect. Or they could pass legislation that says a state that does not allow same sex marriage does not have to recognize a marriage licenses that would not be permitted in their state.
Jay Allen
Sassy Cosman-Connery
ReplyDelete1:09 PM (1 hour ago)
to me
Here is my paragraph... It would not submit on the website.
Same sex marriage has been an ongoing conflict in American History; however, according to the constitution it should never have been a problem. Most would say that love is an expression, and in the first amendment of the US Constitution, freedom of expression is protected. Therefore, men should be allowed to love men, and women should be allowed to love women, and consequently get married. I believe it is constitutional for two men or two women to gather together in holy matrimony.
Works Cited
"First Amendment." Cornell University Law School. N.p., n.d. Web. 08 May 2014.
According to the constitution of the United States, the government may never have the power to create or enforce any “law respecting an establishment of religion, or prohibiting the free exercise thereof,” which for the record bans all efforts to prohibit any actions that may interfere with someone’s religious affiliation and values. The United States was built on freedom, yet it appears some are determined to limit that for selective situations. Limits placed on one aspect, encourage limits on other aspects, and before you know it, the foundation of the constitution itself is completely and entirely violated. I find it interesting that other religions promote legal marriage of multiple wives, and the states legally can recognize those marriages, yet the union between two people of the same sex is outright not allowed. Unluckily for those hypocritical Christians, most of the nation is coming to their senses and beginning to understand the ludicrousness of violating the constitution and preventing the harmless idea. Texas, one of the most conservative states in the entire country has recently struck down the ban on same sex marriage. The win was a huge step for Texas and same sex marriage equality nationwide. If one of the most strict and conservative states can do it, than so can just about every state. The win shows a great future for those belonging to the LGBTQ community and for our nation on respects of equality. I believe that same sex marriage should be allowed both because of the constitution and because I don’ believe anyone should have the power to control someone else’s beliefs or definition of marriage. It’s legally and morally not right. Who is someone to judge and point fingers about why or why not something should or shouldn’t be the way it is because this is the way it is. People are the way they are, religions are the way they are, and no one or piece of paper should be able to hinder that freedom.
ReplyDeleteBotelho, Greg, Dana Ford, and Suzanne Presto. "Texas Ban on Same-sex Marriage Struck down by Federal Judge." CNN. Cable News Network, 27 Feb. 2014. Web. 08 May 2014.
"First Amendment to the United States Constitution." Wikipedia. Wikimedia Foundation, 05 June 2014. Web. 06 May 2014.
Hannah Cooke
In my opinion, same-sex marriage should be legal in all states across America. Under the Constitution of the United States of American, American's are given certain rights to maintain their freedoms and beliefs. For example, the right to freedom of expression shall not prohibit from any opinions or suggests an individual might have. The freedom of speech shall allow all American's to express their beliefs and do as they please in a peaceful, non violent, manner.
ReplyDeleteMy second argument goes along with the progression of many topics of debate across America. Back in the day, their were divided states who allowed slavery. Modern days, there are divided states who have legalized marijuana. Everyone knows how wrong slavery once was, and thats why the national government took control. When American soon realizes how wrong it is not to allow people to be with the person who makes them happy, then the national government will take control too.
"Freedom of Expression." American Civil Liberties Union. N.p., n.d. Web. 09 May 2014.
Jake Sontag
Congress can not pass any law which infringes on the freedom of religion. Religion is defined as "a particular system of faith and worship.” I believe that when someone loves someone, he or she has faith in that person and worships that person. This person is his or her belief. Wether that person is a male or a female, the government can not pass a law which infringes on the rights of one to these freedoms. If someone wants to express his or her belief in love in another person through marriage, he or she should be able to, no matter the gender of his or her loved one. Congress does not have the right to take away these rights in a state which the couple did not get married in. If one can have a Pennsylvania drivers license, documentation that he can operate a vehicle in Pennsylvania that works in South Carolina, he should be able to have a husband, someone who he loves and believes in, who, if married in Pennsylvania, is still his husband in South Carolina.
ReplyDelete- Maureen McCarthy