One of the most carefully monitored federal trials is beginning this week in California. The issue before the court is one that promises to bring out strong opinions on both sides. The court will be deciding whether California's ban on gay marriage is constitutional or not. Proposition 8 narrowly passed a state-wide referendum last year and now has been challenged by gay marriage advocates as discriminatory and ignoring the "equal protection" clause of the 14th Amendment.
Please read the New York Times article (attached below) and respond to the following question: Do you agree or disagree with Plaintiffs argument that California's ban on gay marriage (Prop 8) was based upon "legally irrelevant religious or moral beliefs" ? Also, the defense will be arguing that, "governments historically have sanctioned traditional marriage as a way to promote responsible child-rearing and that this remains a valid justification for limiting marriage to a man and a woman."
Which of these two points of view do you agree with most and why?
69 comments:
I feel that the Supreme Court should rule that banning gay marriage is unconstitutional, and that it should be allowed. The people who happen to be gay, are just the same as someone who happens to be a black. An argument for the side of the anti- same–sex marriage is that the children of the same- sex parents are affected by their parents’ sexual orientation. The only way they are affected is by people who criticize their parents constantly. I have multiple friends who have two moms, or two dads. They are actually probably better students than I am, and they are wonderful people to be around. These parents usually end up adopting, which helps the children they end up adopting. The children grow up with loving parents, which is the same as children who have opposite- sex parents.
Historically, marriage was between a man and a woman, because it is believed that marriage was intended by God to be that way. The reason why this was based on religion was that historically, religion and government were the same. The Bible, the basis for the Judeo- Christian heritage, says that is the way to live (like Adam and Eve). However, in the Bible, all the people are omnivores, but that does not make vegetarians somehow evil. As America has developed, marriage was traditionally of between a man and a woman, but it has lost much of its religious reasoning.
In the constitution, it is stated that there should be a separation between church and state, which should eliminate any of the religious reasoning. Same- sex couples should be allowed marriage rights, just like any other American citizen, because they want to marry who they want to marry. Banning same- sex marriage is a discriminatory act, and is not giving every citizen the rights they deserve. Proposition 8 is unconstitutional.
By: Grace-e Kerber
Personally, I do not believe that same-sex marriage is right. However, I also do not believe that laws banning same-sex marriage is the way to solve this issue. I think that there should be a way in which people who are homosexual should be able to enter into a civil union where they gain the same benefits as a couple who was married, but do not have the title of official marriage.
Although my stance may seem discriminatory, I am essentially asking one question: What are homosexual people looking for when they are asking to be married? Are they looking for equal rights and civil protection? Or are they really after only the title of marriage? Asking this question is like asking if women need to be called men in order to attain the same rights as them or like asking if black people need to be called white in order to have the same rights. I believe that women and men should be able to enter into a civil union whichever sex they wish, but I believe that marriage is between a woman and a man. If people want to marry someone of the same sex, they should be allowed to have the same benefits as an opposite sex marriage, but it should not be called marriage.
My view is different from the people saying proposition 8 is unconstitutional because I do not believe in same sex marriage. However, my view is also different from people defending the proposition because I believe that a civil union should give people the same rights as a legal marriage.
I think that the ban on same-sex marriage is rather unconstitutional. Same-sex marriage should be allowed since it introduces a civil right, the right of marriage, to a minority, homosexuals. The fact that homosexuals don't have the same, full marriage rights as heterosexuals degrades them, and puts them at a level below heterosexual citizens. For example, in Loving vs. Virginia, interracial marriage became legal, and helped to give African Americans full civil rights and become 'full' citizens. Also the fact that 'governments historically have sanctioned traditional marriage as a way to promote responsible child-rearing' is not a legitimate reason to ban gay marriage. The idea that a pair of men or a pair of women aren't as capable as a man and a woman in raising a child is unreasonable and as Olson and Boies suggest, 'motivated by legally irrelevant religious or moral beliefs or even anti-gay bias.'
As Grace said above, the constitution states that there should be a separation between church and state. Therefore any religious reason should not even be considered, since it's not as though everybody agrees with one religion and should follow it. In this way, the ban on gay marriage is unconstitutional because it is founded on 'legally irrelevant religious or moral beliefs' and it creates inequality among citizens.
I must admit I personally do not understand why the marraige of two same-sex partners is such a big deal. We all probably know someone who is gay and frankly just like people who are straight,they are fully capable of making there own decisions.
I think it is the decision of the couple (gay or straight) to get married. If you dont like it you can choose not to associate with them as suggested in Civil Disobedience By Thoreau.
I also believe that the government has more important things to do than to determine whether two people can get married or not. I think if we put this much energy into solving bigger problems (like world hunger)there would be a lot less serious problems in the world.
That beeing said, if California must have a Supreme Court ruling on the issue then I would hope that they would deem same-sex marriage legal. Since it is this much of an issue then the sooner it is legalised the better. Think of it this way, whether same-sex marriage is legal or not there are still going to be people who are gay. These people are still American. Therefore they should have the same rights that other Americans have. If marriage is one of theas rights than let them have it.
If we all agrea that discrimination is morally wrong, then the goverment should allow evoryone equal rights.
This is the cival rights movement all over again, but for a different cause. If our country believes that segregation is wrong,and that evoryone should have equal rights then it sould be no problem to grant marriage rights to same-sex partners in California.
In conclusion I believe that the same-sex marriage ban is not constitutional.
In my personal opinion, I think that gay marriage is slightly wrong. However, for people who do wish to marry those of the same sex, I believe that there is nothing that should prevent that. Gay couples deserve the same rights as others; after all, they are still people, and the Constitution states that everyone should have equal rights.
Perhaps it is because the majority of America's population is Christian, and the Bible states that marriage is only between a male and a female that people generally cannot accept gay couples. It is my opinion that gay couples should have the same rights as any other married couple. First of all, the world's population is going to reach 9 billion in 2040, and I don't see how gay couples who can't produce all those extra children could possibly do any harm. Second, gay people seem completely devoted to each other just as any married couple would be. Lastly, children raised by two moms or two dads preform just as well as any other student in academics or sports. They are really no different than other children, and just because their parents are gay doesn't mean that they will be as well.
Overall, I think banning gay marriage is discriminatory. People involved in gay relationships are not receiving equal rights if they do not get the same privileges as other married couples.
~Vivian Chen
I believe gay couples have the right to marry. There is no definition of marriage. It is simply a dedication to the person you want to spend the rest of your life with; whether it’s the same sex, or the opposite sex. Homosexuality isn’t a choice, it’s just who you are born as. Rejecting the rights for gay people is just as bad as rejecting the rights of blacks. Marriage is a private matter that really shouldn’t concern anyone but the two people making the commitment to each other. How, in any way, does it affect anyone else? Yes, people have the right to disagree with the choices of lifestyle homosexuals choose to make, but this doesn’t mean they can dictate how gays and lesbians live their lives.
Marriage grants privileges as well, such as the custody of a child. When gays aren’t allowed to marry, they can adopt a child as a couple, but in the eyes of the law, only one can have custody. The kid thinks of both of them as parents. But if the one who does have custody decides to leave, automatically the child is ripped away from the one that doesn’t have custody. The government completely fails to see that a parent has lost their child, and a child has lost their parent. If they had been allowed marriage, there would have been some sort of proposition that allowed both people to be able to interact with their child that they love and care for.
Many people claim that “marriage” is between a man and a woman in the eyes of the lord. This violates the ‘no interaction between church and state’ law in the constitution. If homosexuals gain the right to this commitment, they should unquestionably have the right to be labeled as “married”. If they were labeled by anything else, it would be discriminating. Then again, marriage should be about love. If they really love each other they shouldn’t care what they are “labeled” as.
In conclusion, I strongly believe that the same-sex marriage ban is wrong and unconstitutional.
Let's start by looking at the very definition of marriage. Merriam-Webster dictionary states that marriage is "the state of being united to a person of the opposite sex as husband or wife in a consensual and contractual relationship recognized by law".
I believe that California should ban the gay marriage. The definition clearly states that marriage is between persons of the opposite sex. In addition, in the Bible, it clearly says in Leviticus 18:22 to "not lie with a man as one lies with a woman; that is detestable". With almost 75% of the population of the U.S being Christians, allowing the gay marriage to happen is disobeying what God has commanded us to do.
Moreover, gay marriage is socially immoral, because "it harms the family structure of society, and that same-sex marriages deprive children of either a mother or a father" as David Blankenhorn talked about the same-sex marriage. Furthermore, if a man marries a man, then he is denying the fundamental right to life to a potential human being that might otherwise be born if a man married a woman. It is also immoral like the way that marrying a family member.
And with all these reasons, gay marriage should be banned.
I personally believe that same sex marriage should be allowed because if it is illegal then the part of the constitution that says all people shall be created equal is nullified. Also I don't see the big deal between why it isn't allowed, and the fact that they say that it could end up showing a bad example to children is false because they are no different from us except their sexual orientation. Also growing up in a place like Boulder with its mainly liberal views has shown that people get along just fine with same sex partnerships. I think that the people that say it shouldn't be legal are just trying to use religions and any excuses they can to stop this because they aren't as open minded towards these types of things.
I also believe that by holding this back and denying people their rights you are ignoring what people have in the constitution, which we made to protect people from things like this; and so we wouldn't end up a country where people who have differences would be shunned. So in conclusion I believe that same sex marriage should be allowed and that the people are wrong to deny others of their rights.
In my personal opinion, I feel that gay marriage is wrong. But I do agree that preventing gay couples from getting married is unconstitutional and that Plantiffs argument is valid. As said in the article, ban of gay marriage couples is a violation of equal protection and due process. For, since "all men are created equal" doesn't this apply to gay couples as well?
The foundation of American culture is based off the Christian heritage but that doesn't mean America has to strictly follow Christian rules. That is up to the individual themselves. And hasn't the "separation between church and state" already been established? Religious reasoning is null in these types of situations because marriage is a matter of religious reasons. To me, there is no difference between same-sex parents and man-woman parents as long as they treat their children in a loving manner.
Same-sex marriages should be allowed because they are equal and deserve equal rights.
In my opinion I think that the Supreme Court should not ban gay marriage. I feel as though that people who are in love with each other and are the same-sex should be able to get married. I think this because if you think about it, the issue is not really any one else's problem. People who love eachther and are homosexual can't help from being gay, they just are that way. For example you can't help yourself from being a certain skin color or what you believe in, you just are that way. Religion is a big issue, whether or not same-sex marriage is right or wrong. In the past, the tradition for most people was to marry and love the opposite sex and that God was the one that made it that way. Recently, we have now made a large topic in our society about gay people loving each other. This became a larger topic because we had not thought or heard a lot about it. Another large topic in our society that has an impact on same-sex marriages is that people worry about responsible child-rearing. Just because two parents love each other doesn't necessarily mean that they are not going to be as focused on their children as people who are opposite sex. There are people that I know that have gay parents and when I found out that their parents were gay I could not tell. What I am trying to say is that you shouldn't judge people that are gay or who have parents that are gay. We are all different. As we say, America is a free country.
If you feel like you want to spend the rest of your life with someone and you are committed then I think that they should be able to. There is a constitution that states that there should be a separation in state and church, which should eliminate any of the religious reasoning. (As grace stated above). This shows that gay marriage should not be an issue in religion. Proposition 8 is quite unconstitutional.
By: Shelby Reaves
The United States is supposed to be a country where the citizens of the country have fair and equal rights. This means that whether you are homosexual or heterosexual you should still have the right to get married. We, as a country should not discriminate a minority. This minority can not help how they feel toward others or what they look like, nor can they change it. Its like discriminating against blacks in the time of slavery. Blacks can not change the color of their skin. Whether you have a different color of skin or sexuality, these things do not make someone a bad person. It is just a quality of someone that we should learn to accept.
Traditionally, marriage has been between a man and a woman and focused more on religion. However, times have changed now and therefore our laws and guidelines we live by need to be revised. If the United States truly wants to symbolize freedom we need to give every citizen and minority no matter what their differences as much of an opportunity as other citizens who may be more in the majority, like me. No matter who you are as a person and what your beliefs, everyone should be given an option of having the same opportunities and rights. Whether I or anyone else personally agrees with the same-sex marriage decision, or disagrees with it, reversing the ban on same-sex marriage is the right thing to do.
I believe that not permiting gay couples to marry is fundamentally wrong, and I feel that there is no real argument against it.
First off, there is the religious argument. The Bible states that gay marriage is "detestable." That's just fine, if you're religious and gay then you don't have to get married at all, but what about separation of church and state? The First Amendment clearly states that "Congress shall make no law respecting an establishment of religion[...]" If you try to ban gay marriage because God said it was bad, that's volating the First Amendment. It cannot be done.
Then there is the argument that it harms the children because their parents' sexual orientation is not considered to be normal, and thus the parents are critisized and the children are presented with conflicting ideas. That argument has some merit in that the children may turn out to be gay themselves, but is that harmfull? A gay person is no more different from me than an African American. And gay people are really nice people. I used to know one, and he was oe of the nicest people I knew. The children might suffer from some teasing, but so does eveyone els. People can deal with it.
The ban is also discriminitory, as it violates the Equal Protection Clause, which says that "no state shall ... deny to any person within its jurisdiction the equal protection of the laws." Gays are citizens, right? So not letting them marry is descriminitory.
Some people think that gay marriage is wrong simply because it is does not conform to the traditional definition of marriage. That's true, but perhaps they missed the fact that the word "gay" is in front of marriage. Doesn't that mean that gay marriage is different from traditional marriage? And also, definitions change. The word "nice" has at least 15, and I just looked it up on dictionary.com. I probably didn't get some of the more obsure ones. I think we can give marriage two definitions.
Gays are people just like us, and deserve the exact same privliges as the rest of us.
--Christopher Morley
As I read the comments that my fellow classmates wrote, I realized that there is a misunderstanding of the ban on same-sex marriage. First of all, I would like to point out that this ban would have absolutely nothing to do with judgmental toward them. In other words,banning gay marriage wouldn't necessarily decide what kind of people they are. Secondly, Bible doesn't only say "detestable", in Leviticus 20:13 says that "They must be put to death; their blood will be on their own head". I know that sounds very harsh; however, it shows how gay marriage is not only detestable but also very sinful.
I disagree with what ikalra said about people who disagree with gay marriage not being open-minded. That statement is a very broad generalization and should therefore not be used to include possible exceptions. There are many people who are liberal and still disagree on certain controversies.
People also stated that those who think gay marriage should be banned are using the Bible and religious "opinions" as mere excuses. However, what they don't seem to take into account is that religion is a big part of our society and should be respected as a right. They're not mere opinions; rather, they are fundamental beliefs that should be upheld.
I think that it is unfair to discriminate against a person simply because sexually they are into the same gender. This issue of same-sex marriage I feel is a huge step in the acceptance of gay people in America. I think this is almost like the civil rights movement where blacks did not want to be discriminated against anymore and eventually a law was passed that ended all of the segregation in schools. And because this happened in the past with blacks, I believe the same thing will happen in the future with gays. Obviously there will always be a slight bit of discrimination against gays as there is still a slight bit of dicrimination against blacks today. But as society moves forward I believe gays will find I perfectly good place in it because there is not a substantial amount of evidence that says that same-sex marriage should be illegal. The only real argument is that the child is affected in a negative by having gay parents and that these parents would be criticized by straight people. Well I believe that having gay couples would actually work out better for America because that would force the couples to adopt children and I believe as long as the child had loving parents it makes absolutely no difference whether the parents are gay or not. Gay marriage should be allowed...
Same-sex marriage should be legalized not only in California, but throughout the nation. In response to the many statements, "Heterosexuals can have civil unions and have the same rights as in marriage, but this should not be called marriage": what does it matter if its called marriage or not. If they are allowed the same rights as a married couple, then they should be allowed to be classified as married. What is marriage but a word with a changeable definition? Unions with the same rights, and ultimately definitions should be classified under the same term.
In response to the argument that heterosexual couples affects children, it should not matter to the child. This situation is extremely similar to a child living with their single mother and her close sister or friend. Two parents are better than one. Also, if a heterosexual couple and their child lose one or both out of the couple, because they are not married, the children do not receive will money from his or her parent. This is all due to the fact that the couple are married. So in fact, the children suffer more if their gay parents aren't married. The parents of course aren't to procreate with each other but there are other means of procreation in gay couples.
Also, religion versus gay marriage happens to be a huge issue. The fact is that religion and marriage do not have to be intertwined. This is about two people wanting to be together, not about religion. The First Amendment of the constitution clearly states that a citizen's religious views or lack there of must be protected. The government is not authorized to begin making decisions just because a religion says so. Should the next decision rule against taking the Lord's name in vain just because it breaks a commandment?
Ban on gay marriage is completely ridiculous. It does nothing to benefit anyone except making opponents feel that they are correct? It's unconstitutional and discriminatory. The ban on gay marriage should be ruled as unconstitutional.
Personally, I believe that same sex marriage should be allowed in California as a result of Proposition Eight. Let's face it - same sex marriage really doesn't hurt anybody. Banning gay marriage would simply cause gay people to feel out of place and discriminated against. By allowing it, the government is not hurting anybody, but they would be helping people. In other words, there is really no fault in same sex marriage.
Also, you can't change a person or the way they are by simply banning gay marriage. It's not like banning same sex marriage will reduce the amount of gay people. I think that it would cause more so-called "crime" since gay people might try to go against the law in order to marry illegally. There really is no beneficial reason to ban gay marriage, except for the fact that it goes against some religion. But those religions have to realize that they could very well be the people getting discriminated against. Imagine how gay people feel when they are denied the right to spend their life with the person they love, same sex or not.
Everyone, despite their marriage choices, should get the same right to marry. It's like how the United States overcame racial discrimination. There is hardly any discrimination against black people anymore, in fact, they have the same rights as anyone else. The same should be for same sex marriage. Just as America destroyed racial discrimination, we should also destroy gay marriage discrimination. It is unconstitutional and hurtful to the people who can't help who they are.
For these reasons, I believe that same sex marriage should be allowed in California as a result of Proposition Eight.
There is a difference between modern-day values, and cultural values 200 years ago written by the founders of our country in the Constitution. The Constitution is a brilliant document, because it was designed to be extremely flexible in regards to its adaptability to various cultures and eras that have gone through time. The control variable of American democracy can be found in the Declaration of Independence where it was made clear that if any changes were made, the document would still retain the core values of American society: "life, liberty, and the pursuit of happiness."
Besides being a vital right for people, marriage is important to millions of American lives, and is a core value in American society. This means that if you deny loving same-sex couples from getting married, you are going against one of the focal points of our country: "the pursuit of happiness."
Discrimination also plays a major role in why same-sex marriages should not be banned. The "equal protection" clause of the 14th amendment in our Constitution talks about how similarly situated people cannot be treated differently. The ban on same-sex marriage certainly would violate this amendment of our Constitution, and highlight the discrimination involved in the situation. The ban on same-sex marriage is sanctioning that certain marriages are better than others and that banning same-sex marriages suggests that gays and lesbians are inferior in our society. Discrimination is a dangerous and politically influential tool, and that is why banning constitutional same-sex marriages should stop now.
In my personal opinion, I completely agree with Plantiff's arguement, that gay marriage should not be banned in California, and how that Prop. 8 was based on "legally irrevelant religious or moral beliefs". For one thing, the fact that a man choses to be with a man or woman choses to be with a woman, is completely up to oneself, and should not be made disallowed by a figure that there is no proof of even existing in the first place (God). Second off, the fact that people who chose to be different and want to be married with the same sex, don't have the same rights as people who marry the opposite sex, is completely without question, against the Constituition, and violates the right of equality, making this Proposition 8 unconstiuitional.
Now, with the defense the republicans put up of how, "governments historically have sanctioned traditional marriage as a way to promote responsible child-rearing and that this remains a valid justification for limiting marriage to a man and a woman," is completely wrong. I have two homosexual male cousins, and i have found that the adopted children each cousin has with each of their male partners, are greatly responsible and if anything are more responsible than many children that have hedorosexual (sorry dont know how to spell that word) parents.
The last thing I would like to comment on this issue, is on what g.jeong originally commented, where he said about how gay marriage is socially immoral, and how it harms the family structure, but if you think about it, it helps the family structure of what the original adopted child had had. For example, i have to black cousins, who were adopted by my uncle, and the family structure is a lot better for the two adopted childern, with their adoptive parents, than their original parents. Also, this person said at the end of their comment, that it is "denying the fundamental right to life to a potential human being". I agree that it does this, but I actually think this is a good thing for the planet, because the more people their are at Earth, the more people their are doing harm to it, and even if you (g.jeong) do not believe in Global Warming or dont care about the Earth in general, this increase in population will eventually end the human race, so if anything we should have more gay marriages, to have less people on the Earth.
In the end, i do agree with platiff arguement on gay marriage for all of the things I said above.
-Tom Fratkin
The Supreme Court should rule that the ban on gay marriage is unconstitutional. The first amendment of the constitution states that there will be a separation of church and state. Many people who believe that gay marriage should be banned believe so for moral and religious reasons. The Christian bible does imply that gay marriage is immoral; however, not everyone is Christian. The Jewish Torah also disagrees with gay marriage, but it also states that if you marry a woman and find out she is not a virgin, you should stone her to death. Religious books, like everything else, come from specific time periods. Times change. We cannot let ancient rules and laws govern our country, even if we want to let them govern our lives. Everyone deserves the same rights. People don’t choose who they are attracted too. They are just born that way. The constitution promises equal rights to everyone. Just because a specific group is in violation of another group’s opinion, they should not have those rights taken away.
I also disagree with the statement that gay marriage will promote irresponsible child rearing, or that it deprives children of a mother or father. Two people who love each other, whether they are heterosexual or gay, will be better parents than two who don’t. In 2007 in the United States, the marriage rate per 1,000 people was 7.3, and the divorce rate was 3.6. This means that almost half of the people who were married were divorced. There are also children who never even knew their father. Plenty of women get pregnant while unmarried, and their boyfriends leave them. There are even children whose fathers are simply sperm donors. Children all over the country are raised in diverse family situations. Why would it be any worse two have two parents of the same gender? Many gay couples also take children out of the foster care system. There is absolutely no way to say that these children are better off growing up in orphanages than with families who love them, no matter what their family’s structuring.
Same sex marriages should be allowed, and treated the same as any other marriage.
I personally believe that the court should rule against banning gay marriage in the state of California, thus making it legal. One of the main points in the Constitution today is the separation of church and state, and it is undeniable that this court case could be influenced heavily by the Christian church and its philosophies. This bias must be accounted for in a court case as influential and historic as this. The argument of the defense in this case is that having homosexual parents could negatively affect child rearing, thus making a ban on homosexual marriage for the protection of children. I do not agree with this point: who is to say that homosexual parents are less responsible than heterosexual ones? Would having homosexual parents be more harmful to a child’s mental health than a divorce, an unstable home, or having only a single parent? I don't think it would. There is also the fact that having a ban on marriage in California would not prevent homosexual couples from having children, therefore it would make little difference in the quality of parenting by the adults, only in their legal relationship.
One of the main philosophies of the United States is freedom. Why then should homosexual couples be banned from marriage while it is completely legal for heterosexual couples to be married? There are many legal benefits of marriage that would then be denied to homosexual couples because of their orientation. I believe a ban against homosexual marriage would be a violation of the Constitution, because all people would not be treated as equal. In my opinion, homosexuals should be allowed to marry because they have the right to chose who they would like to spend their lives with. I think their decision should be honored legally, just as that of a heterosexual couple would be honored. I believe that proposition 8 is unconstitutional.
By: Kira Headrick
I feel that any person regardless of their sexuality should be able to get married. Love is still love in any case and the same values apply in a gay couple's relationship as they do in a straight couple's relationship. Many very conservative people and religious people feel that marriage should not be legal for gay people simply because marriage between a man and a women and is how it has always been. This bias can be related to how women were not able to vote because they were considered less than by society. Gay people today are also treated as if they are less than by conservative people who may think they are superior than gay people. The defendants in this case suggest that instead of marriage they could become joined in a so called "civil union". The reason why this is un-fair is because a civil union does not provide the same benefits as marriage does. Yes, I do think this violates the constitution because it clearly states that all people should have equal rights. Not allowing gay people to marry strips them of the ability to have equal rights.
I agree with the accusers in this case that homosexuals have the right to wed, and denying them this right is unconstitutional.
I believe that Prop 8 is unconstitutional and that same-sex marriage should be allowed. Olson and Boies said that “Proposition 8 was motivated by legally irrelevant religious or moral beliefs”, and I agree. One big religious argument against same-sex marriage is that God defined marriage to be between a man and a woman. However, church and state are separated, so that argument has no relevancy to banning same-sex marriage.
By banning same-sex marriage, homosexuals, a minority, are discriminated against. Also, homosexuals are prevented from marrying the person that they love, and are deprived of their right to the pursuit of happiness in that sense. A point that the defendants are making is that “that governments historically have sanctioned traditional marriage as a way to promote responsible child-rearing and that this remains a valid justification for limiting marriage to a man and a woman” is moot. Just because we have done it for a while does not mean we should continue: there used to be mandatory racial segregation, but that is not the way it is any more. In addition, just because a couple is homosexual does not mean that they will raise children irresponsibly. Prop 8, by denying gay couples marriage, violates the Equal Protection Clause and is discriminatory. I think that Prop 8 is unconstitutional and should be revoked.
If the Supreme Court is to rule that proposition 8 is constitutional, they would be discriminating against homosexuals. A person does not decide their sexual orientation. Who would willingly choose to receive discrimination? Just because a person who is born black instead of white, or gay instead of straight does not mean that they should be denied certain rights, including one of the most basic: the right to marriage. Marriage was traditionally between a man and a woman, but what truly matters in a successful marriage is love and commitment. There are numerous gay couples who have been together for years and years, and deserve the right to finally be allowed to marry.
The arguments that a homosexual couple cannot raise a child properly are flawed. The most important thing that a child needs is love. A homosexual couple is just as capable of a heterosexual couple to provide a loving home for their children.
People claim that in the bible, it states that same-sex marriage is wrong. However, as times change and move forward, interpretations of the bible change as well. Our modern-day world is very different from the one thousands of years ago, so our interpretations can be very different from the actual meaning. Allowing gay marriage is the right thing to do.
i strongly believe that same-sex couples should be givin the right to marry. i understand how this point of view may conflict with certain religious beliefs, but if someone is a firm believer in God, then they should realize that He would not give a person those feelings if they are morally wrong. i feel that denying gay and lesbian couples to marry is a huge infringement on their civil rights. it is sending out a message that homosexuals are not as good/are infirior to the heterosexual community. this is the kind of issue we faced during the civil rights movement, but instead of african americans being deprived of rights, it is the homosexuals.
the issue of child rearing was also raised. i feel that in a society where homosexuality is looked down upon or not legal, the children will think that it is not okay to be different or a little outside of the cookie-cutter norm. however, in a society where gays and lesbians can marry as freely and easily as straight coulples the children will be more open minded and more willing to acept things that were once considered "wrong" by there ancestors. in my opinion Proposition 8 is highly unconstitutional.
I believe that there is no argument that justifies banning gay marriage. I saw g.jeong use the argument that the bible says it's wrong, and therefore should be banned. I do not accept this as a valid argument because it is based off of the premise that the bible is the inarguable truth. I don't believe that because the bible has been scientifically proven to be wrong many times, and also that moral matters are never a matter of black and white. However, all this is beside the point. The question isn't about morals; about whether being gay is right or wrong. It's about whether gay people deserve rights. I think that we are all in agreement that they do. To ban gay marriage would be the same as banning black people from marrying each other. And, historically, it has been the exact opposite that was forbidden; black people were not allowed to marry white people. People can no more choose their sexual orientation then they can their skin color. It is unconstitutional to deny someone the right to marry someone else simply because of who they were born as. Also, one argument is that it affects the children who are raised by people who are gay. Yes the parents do affect the child, but the affect has nothing to do with whether they are gay or not. If a child is raised by loving parents who are gay, and another who is raised by loving parents who are heterosexual, no child will be behind the other in terms of development. If we are so concerned about the affects parents have on their children, should we not be more concerned about couples who drink, smoke, do drugs, and hit their children? Being gay does not affect a child in any way, and denying somebody rights is exactly the opposite of the premises our country was founded on. Whether it is right or wrong has nothing to do with it. It is about whether these people are U.S. citizens, who, as such, have rights, or whether they deserve the same treatment that blacks and women endured of not being considered people.
I believe that banning same-sex marriage is unconstitional. America was founded on the ideas that people would be able to be free, have rights, and do as they wish (within reason). By not allowing gays to be married, we have taken away one the thier rights.
One argument that a person against gay marriage might be that a marriage is defined by one woman and one man. However, this was the way it was many years ago. Now, I believe, as a society we have become more tolerant of people who mya be different from us. For example, African Americans. For the longest time, Americans thought that balcks were inferior. However, now, we have got free from that opinion and think that they are equal to everyone else and they should have the same rights. But now, we are discriminating aganist the gays just because of what was thought of back in the past.
Also, allowing gay marraige shouldn't affect any one else except them. It doesn't hurt anyone physically, and emotionaly, I don't see why is would hurt anyone that way because it doesn't involve that disapproving people. Allowing gay marraige would help the gays because they would end up getting more benefits from the government.
Those are only a few of the many reasons why homo-sexuals should be allowed marriage.
*Taylor Pfromer
I truly do not understand why marriage between a same-sex couple is any different from marriage between a man and a woman. I realize that this is a typical Boulderite stance, but love is love. It is what it is, and I personally do not think that love has anything whatsoever to do with gender. We, as people, with constitutional rights, are free to love whomever we please, no matter that be a person of the same-sex or a person of the opposing sex. Marriage is a form of love, and I think it's unconstitutional to take away the right that is marriage from someone just because they are in love with someone of the same sex.
And as for the parenting issue, no matter if you are gay or straight, your parenting will be exactly the same. Sure, originally, marriage was intended to be between a man and a woman, because God made it that way. But is there God? I have no idea. But if there is, I don't think He would want discriminating in the world. All people are supposedly reflections of God. So, for every gay couple, that is a reflection of God. That would make God gay. God would love anyone no matter who they choose to love. He wouldn't want less love in the world.
America is said to be a place of freedom. If we violate the right to equal protection (as said in the 14th amendment), we are violating the law. By not giving gays and lesbians the rights that heterosexuals already have, we are sending the message that if you are any different, you will be treated less. Is that how we want our children to view the world?
I believe that not letting people get married because of there sexual orientation is wrong because it discriminates toward them . I am for Plaintiffs argument that California’s ban on gay marriage was based on “legally irrelevant religious or moral beliefs”. In the Constitution in the 14th Amendment, part one it states “equal protection of laws” to the people. If they were to ban gay marriage it would go against the 14th Amendment because it would not be equal to those who want to marry the same sex. Also the Constitution says that there is separation between church and state. Well if gay marriage was banned because of religious views there would not be separation of church and state.
Traditional marriage is between a man and a woman because of child-rearing. Homosexuals can raise a child just as well as a man and a woman because they are just a capable as making good decisions. Some may think that it will affect the child’s life having two moms or two dads but the chance is that it won’t because there are people out there that do have two moms or two dads and if gay marriage becomes legal there are bound to be more children with same sex parents.
Basically I belive that same sex marrige is okay and that marrage does not have to be between a man and a woman. I also believe that homosexuals having a child is such a big deal and that they can raise a child just as well and any married couple.
I think that the Supreme Court should allow gay marriage simply because not doing so is discriminatory. Just as African Americans can't change the color of their skin, people born gay can't help it. Sure it could be possible for them to enter into straight relationships just because that's what society expects. But then, what does that say about America? It's supposed to be "the land of the free" (which of course can be argued), yet some people have to hide their opinions and personalities from society just because they are in the minority. I don't think anyone can say that's fair.
Also, arguing that same-sex couples could affect children growing up, is possible, but I doubt that the affect would be negative. I think a good portion of our population has divorced parents, and I'm sure most of them would agree that having two parents, even if they are the same gender, is a lot better than having only one. I'm not trying to just be a hippy in saying this, I just really don't understand why two people of the same sex getting married is such an awful thing. They still love each other just as much as straight couples, and half the time their relationships last longer. Think about how many stories of gay couples, who have been together for 15 years and still aren't allowed to get married, you hear. Why should they be denied a basic right given to everybody else in the country?
I believe that by allowing gay marriages, our society actually becomes stronger. It is proven that families strengthen society and that when families break down, society breaks down as marriage is a stable bond between two people that gives and creates unity.
I also believe that because something has always been one way, it doesn’t make it right. For example, to say that marriage has to be between a man and a woman because it’s always been that way doesn’t make sense. If that were true, we’d still have segregation in the US, and we now know that segregation was discriminatory. America has now declared that race doesn’t play a role in how successful a person can be. So if this is true, why are we denying gays that same basic right? Why are we trying to make them less than they are by not allowing them to be legally recognized as a true family unit? America stands for equal rights, even if those rights are different from what you personally believe. I believe gay marriage should be allowed.
I Believe that Proposition 8 and the ban on same-sex marriage is unconstitutional and should be changed. By taking away the right to be married, the government is discriminating against gays. If a homosexual cannot be married, it essentially makes them less of a citizen. Not only does the proposition discriminate against gays, but it also sends the message that being gay is wrong, and when it comes to marriage "illegal". What does this say about our government if we are constantly screaming this message?
Other people have argued that gay marriage deprives a child of a mother and a father, but having two dads or two moms opens the eyes of our children and helps them be very accepting of all lifestyles. What are we saying to our children when we say: "If you're gay, you are not normal, and thereby cannot have what a heterosexual person can"?
I do realize that forming a civil union is an intelligent compromise, but there many benefits of marriage that are unavailable. For example, tax benefits, health insurance, and welfare. A compromise like this sounds like a good idea, but I think that it still discriminates against gays and portrays them as a lower class than heterosexuals.
The constitution says that every person has equal rights and proposition 8 is clearly contradicting this and is very discriminative to the homosexual population. In conclusion, these citizens have the same rights as all others, and proposition 8 is unconstitutional.
I think that same-sex marriage should be legal.
Two of the biggest points of the constitution are the right to freedom and the pursuit of happiness. I believe that banning same-sex marriages violates these philosophies because marriage is defined as "the state of being united to a person of the opposite sex as husband or wife in a consensual and contractual relationship recognized by law" by the Merriam Webster dictionary. In other words, marriage is a contract, agreement, or promise to whoever you are married to that is honored by law.
A ban on gay marriage is discriminatory because it does not allow same-sex couples to enjoy the same benefits marriage provides to straight married couples. A married status grants a couple the ability to file joint income tax returns, exemption of gift and estate tax on exchanges of property between couples, grants inheritance of spouses property and many more benefits. Banning marriage rights from same-sex couples does not grant the right to equal freedom for everyone because it makes rights available to straight couples, unattainable for gays.
Banning gay marriage also limits the right to the pursuit of happiness. Happiness is defined as "good fortune or prosperity, a state of well-being and contentment, a pleasurable or satisfying experience" by the Merriam Webster dictionary. Denying the right to marry for same-sex couples goes against the idea that everyone has equal protection under the law stated by the 14th amendment.
In my opinion I believe that same-sex marriage should be legal. I believe that it is unconstitutional to ban gay marriage and that many of the points the opposing team is making are invalid. One of the points Coopers's team states is that by banning same-sex marriage people are promoting responsible child-rearing. This is an outrageous statement putting a stereotype on gay people that says they are not responsible enough to raise there children right. My mother has many gay friends who I have become friends with also. They are some of the nicest most responsible caring and functioning Americans I know. One of the couples I know takes care of a daughter and they went on a vacation with my family once. Their daughter is just like any other girl her age and is no different than my sister who is of around the same age, but was raised by two parents of opposite sex.
In the constitution it states that there is to be a separation between church and state. I this argument most of the points the people who want to ban same-sex marriage are making come from religious views. These people say that it goes against the bible, but because of the fact that America has a separation between church and state this should not matter, for it goes against the constitution. If you take away this viewpoint then there is not a lot of ground for Cooper and his team to stand on in terms of a position. Therefore I came to the conclusion that banning same-sex marriage is in fact unconstitutional and discriminatory. If the Supreme court does in fact ban same-sex marriage they will be going against the constitution of the United States of America and doing way more wrong then right.
In my personal opinion I believe that same-sex marriage should be legal. Even though marriage is defined as "the formal union of a man and woman, typically recognized by law, by which they become husband and wife", homosexual men and women should be legally allowed to marry.
Banning same-sex marriage is denying rights to homosexuals opposing the constitution. Banning same-sex marriage also disregards the "right to freedom" and the "right to pursuit happiness". Not allowing homosexuals to marry is taking away their rights just as America took away many rights of the African Americans. In a civil union homosexuals have most of the rights as a married man and wife, but the concept of the word marriage and all the emotion attached to it is much more powerful then a civil union.
Allowing gay marriage should not affect anyone except for the two people getting married. No one else is being wounded emotionally and physically when two people of same sex are married, so I believe it is perfectly fine and normal for two people of the same sex to get married. In my mind Preposition 8 is wrong and gay people should be allowed to marry.
I believe that banning gay marriage is unconstitutional, and even if it was constitutional, it is still morally wrong. Gay couples should have the same rights as straight couples, and denying them those rights is discriminatory. Our government should let couples do what they want, people want to marry who they want to marry and the government should not interfere with that. The benefits of marriage and title of marriage would help strengthen the couple's reletionship,a couple who also might have kids and this whole family could benefit from this. Also orphans and couples not ready for a child can benefit from this because the gay couples probably will adopt.
America is a free country, that is what this nation was built upon, freedom of speech, religon, things like that, marriage should go with that. The government grants people the pursuit of happyness, and for many gay couples marriage would give them some happyness. Also, i dont know why people are making such a big deal out of this, gay couples should be able to marry, and it doesnt effect anyone except for those two people. All in all, everyone is born with the same rights and the government denying gays those rights is unconstitutional.
The U.S. constitution not only promises equal protection and due process to all its citizens, but equal rights to everyone. Banning gay marriage is not only unconstitutional, but completely discriminatory to the couples who have been in love and wanting to get married for years. We wouldn't even consider revoking the rights of women to vote, and same-sex marriage is the same concept. Same-sex marriage should be allowed not only in California, but everywhere in America. America is supposed to be a free country, but how free is it not to let two people marry who are truly in love and want to be together? It is completely unfair to people who are homosexual, because they can't change the way they feel just because society doesn't agree with it. Historically, the government approved only of traditional marriage as a way for children to be raised "more responsibly". However, now there are many children raised exactly the same as anyone else with two parents of the same sex, whether two moms or two dads, and the only difference is that their parents, unlike everyone else's, aren't allowed to get married.
The defense to this, that traditionally in religion marriage is between a man and a woman, is irrelevant on many different levels. Now, people's families are structured in all different ways. Some people just have a mom, or some have divorced parents who are re-married, some have single dads, some people are adopted, or whatever else it may be. We accept these families without any questions, so we should do the exact same for same-sex parents. Also, in the Bible, if it is really a sin to marry someone of the opposite sex, why would God make them feel that way?
In the Constitution, it says that everyone is allowed life, liberty and the pursuit of happiness. If two people of the same sex are in love and want to get married, then denying them that could be considered denying them the right to pursue happiness. Proposition 8, that people of the same sex should not be allowed to get married, is a direct violation of the Consitution by not giving homosexual people the same rights as everyone else.
I personally believe that gay couples should have the same rights as any other citizen of the United States, and that banning gay marriage would be unconstitutional. While the main argument against gay marriage is because many religions do not allow it, the first amendment clearly states that there shall to separation of church and state, and so this makes this argument, from a legal standpoint, invalid.
Also, The Williams Institute at the UCLA School of Law conducted a study showing that 8.8 million people in the United States are either gay, lesbian or bisexual. By denying the right for gay couples to marry, we are taking away the rights of almost 9 million people! This, morally, doesn't seem right in my mind. While I, and many other people, do know someone who is gay or lesbian, they are not a completely different type of person. They are very normal, and didn't even choose to be gay or lesbian, so why should they be denied some of the rights that straight people have?
Overall, I think that banning gay marriage would not only be morally wrong, but it is also unconstitutional. The bible may state that gay marriage is wrong, but not everyone has to believe in the same religion, or even any religion at all. Everyone should have the right to choose. That is why I believe gay people should have just the same rights as everyone else, and that proposition 8 should not be allowed.
I believe that gay marrige should be consitutional. If we don’t allow gay people to get married it is deicrimitory. Its symilar so African Americans not have the same rights as Cocasians. Like someone said before, this is the United States of America and we are known as a free country. By not allowing gay marrige the United States is no longer as much of a free country. I think that many people would agree that gay people should not be stoped from getting married.
I feel that two people should be able to get married, even if they are a male and female, male and male, or female and female. Its not like by getting married as a gay couple they are commiting a robery, homicide, or grande theft auto. They should not be commiting a federal crime by getting married, I understand that many people feel that its wrong for gay people to get married, but there are also people that feel like it should be constitutional. If two people loce eachother they should be able be joined in the bond of marrage. There is nothing in the constitution that states that a gay couple cant be married. Marrage is a state problem, but I still feel that its wrong for the state to limit peoples rights. Also, marrage is religious to an extent. The constiution states that we have a freedom of religion and some people choose not to be riligous. Therefore, we shouldn’t be preventing people from exercising their freedom of religion by limiting them to what sex they can be married to.
I believe that same-sex marriage should be allowed. Essentially, the question we are asking is how far religion should interfere with politics. I believe that religion should have little or no impact at all. That said, I believe that the Bible’s definition of marriage: that marriage is between a man and a woman, should not apply to the government. Historically, the government was much more based on religion, but the constitution clearly called for separation between the two.
One of the constitution’s main points was that all people should be treated equal. Banning same-sex marriage would be discriminating to gays and unconstitutional. We do not have control and cannot change what we are born with so it is not fair in banning marriage between homosexuals. I believe that marriage is a civil right and by not allowing marriage to homosexuals, they are not given the same rights as heterosexuals. America has historically been a country where people escaped for freedom and many people associate America with freedom and opportunity. Banning gay marriage could possibly hurt its reputation. There also is not a very large impact overall on the society for allowing same-sex marriage. Children raised by same-sex couples are not disadvantaged or different from any other children and therefore banning same-sex marriage is unconstitutional and proposition 8 should be repealed.
Naturally a marriage is between a man and a woman. I don't really care if a man and a man marry. It's their decision to do so. Also other said, the court should rule it unconstitutional.
Yes, a man marrying another man seem a bit cough weird cough, but I don't why they can't. This is one tough debate, not only for California but also for the Supreme Court. Culturally too, some religons disapprove of gay marriages. Look at the US population. Over 85% of the 300,000,000 people are Christians and in California, it's around 80% too. It has an influence on Proposition 8 too.
Like others that have said, banning Gay Marriage is a discrimination act. It limits what people can do in the U.S.
On another note, I agree heavily with Olson and Boies. Most of the influences of Proposition 8 is because of religious influences and other reasons.
I'm not saying that I support Gay Marriages, I just believe people have a choice on what they want to do.
I believe that if two people are in love, no matter two men or two women, they should have the right to be married and live the same equal life as any other couple. It is unconstitutional to ban gay marriage in my opinion.
I looked up "marriage" on dictionary.com and the first definition was "the social institution under which a man and woman establish their decision to live as husband and wife by legal commitments, religious ceremonies, etc." But, my first question to this definition is why? Why between a man and a woman? Why were most of us brought up to think this? The difference between a opposite sex marriage and a gay marriage isn't a huge difference. Besides love, what matters? They both love each other and they both can have kids. With a gay marriage, the parents usually adopt. Adopting helps the children and not just same sex parents do it either. So why not just adopt and live together? Some people ask. Because if one parent dies the child either goes to the government or the parents of the dead parent. If a gay couple wasn't married, the other partner would lose all possessions after the death.
I know that in the bible, marriage is acceptable between a man and a woman and that 76% of americans are christian, but so much has changed in America, and i belive that this will too. I think that banning gay marriage is unconstitutional and wrong. Love is love, who cares who it's between?
I think that banning gay marriage is unconstitutional.
The constitution does not state that marriage is only between a man and a woman. I also believe that you shouldn't involve religious beliefs in politics, as the constitution states. The religious group involved should have no say in the ruling of the Supreme Court. By banning same-sex marriage, the government would be discriminating against homosexuals.
Nothing gives us the power to tell people who they can and can not marry. On the matter of child rearing, I agree with gkerber when she says that children can be loved by same sex couples just as much as heterosexual couples.
Allowing same-sex marriage will bother virtually no one and people should learn to accept homosexuals for who they are, not their sexuality. Propositon 8 is highly unconstitutional
I think that the Supreme Court should not ban gay marriage. I know that a lot of my classesmates would surely disagree with me but there are reasons in why I think that they should not ban gay marriage.
I think that the people should decide whether they want gay marriage or not. After all this is a free country. I don't think we should actually care about other people's business. as long a theyt are happy, I think we should be fine with it. Sure it's unconstitutional, but wasn't the Constitution made for the benefit of the people? If they did ban Gay Marriage, this would be limiting the opportunities in America. So overall i think that the Supreme Court should not ban Gay Marriage, I believe that as long as the couplr is happy, then I think that they should be able to do whatever they want.
Kevin L Chen
In my personal opinion, I believe that having a ban on same-sex marriage is not only unconstitutional, it is wrong. For hundreds of years, the only type of person who has had full power and respect always has been a straight white man. Women had little to no rights and blacks were slaves and were treated horribly. Today both of those types of people have full rights and respect, and now it is time for homosexuals to gain that same respect and those same rights.
For years the government has promoted the idea of a "traditional marriage" as a responsible way for child raising is an absurd reason for banning marriage. Also, many people have said in the past that a marriage between a man and a women is the way God wanted it to be. I personally am a religious person and I go to church every Sunday, but in my personal opinion I don't think the government should include religion in with this heavily debated topic, and that what God intended for the types of people to be married to each other is irrelevant. New Hampshire, Connecticut, Iowa, Oregon, Massachusetts, and Vermont are all states that allow gay marriage (Washington D.C. could be another as soon as 2010) are all states that allow gay marriage, and it is time for all 43 other states to take the next step to ending discrimination against gays.
The ban on gay marriage is unconstitutional and very discriminatory. Many people who are for the ban on gay marriage use the argument that it is "against the bible" or "is a sin". The US constitution says "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." in the 1st amendment.
The argument saying these things are trying to establish laws on the views of other peoples religion. The 14th Amendment to the US constitution states that "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States." If the ban on gay marriage was to be kept, it would be denying the rights of homosexual couples and would go against the constitution. Proposition 8 supporters claim that homosexual couples are incapable of raising children. But only 63% of children raised by heterosexual couples grow up with both biological parents. If the homosexual couple is dedicated to raising the child, they can raise a child just as good or maybe even better than a heterosexual couple. This is why Proposition 8 is unconstitutional should not be passed in the state of California or any other state.
Banning same sex marriage is wrong. Why do two people, of the opposite sex, get married? They get married because they love to be around each other. Two people who care about eachother should be allowed to be married no matter if they are two woman or two men, or a man and a woman.
As Grace-e pointed out, many kids who have same sex parents are raised differently sure, but they are still being raised by responsible adults. My families best friends are with another person of the same sex. Even my Grandfather is living with someone of the same sex.
It seems to me the only reason people have to support the fact that same-sex marriage is wrong is the fact that it appears God wanted it to be between a man and a woman. That is not seperation of Church and State.
People who want to be married to another person of the same sex are just as entitled to that right as people who want to marry the opposite sex.
~Caitie Fitch
In the future, it is clear that gay marriage will become legal. However, I'm not so sure California should allow gay marriage just yet. Just to be clear, I am for gay marriage, but California should take a 'wait and see' approach like the NYT article states. I see good reasons on both sides, but the fact that makes my decision is that Californians voted not to have gay marriage.
Proposition 8 was very important, and the people made their decision. If this decision is overturned, it shows that the people's vote doesn't really matter if there are people who are willing to fight. This is clearly wrong because America is based on the ability to make a difference with a vote.
Gay marriage may be unconstitutional or constitutional. It is so close that the decision will be made on other factors. This is why California should not overturn the outcome of Proposition 8. The people's vote should always be the final say, even if it may be wrong.
I feel that same-sex marriage should be completely legal. It is not right that just because a woman loves a woman, or a man loves a man that they shouldn’t be together. Marriage is about joining two people together so that they can be with each other for the rest of their lives. So what if they are the same sex? The issue would be about their children their upbringing and maybe it is true that these kids would be picked on or made fun of but all kids go through that, and they will be okay. These couples are helping out these children, like Grace Kerber said, by adopting them and giving them a home and parents. We shouldn’t discriminate because a certain religion doesn’t approve. Although I am catholic myself I believe that loved ones should be together, no matter what their sex orientation happens to be. I find it very unconstitutional to not give gays their rights, heterosexuals aren’t better then homosexuals so why do we act like it by letting heterosexuals have the right to marry? The religious people, or people who are against this don’t necessarily have to follow this law, they can be straight couples but let the gay people live their lives like the all other people do. It’s just fair. I think that Plantiff is correct and that gay marriage shouldn’t be banned.
It used to be that a black woman couldn't marry a white man, and I feel that two people of the same sex isn't any different. If two people are in love then they should be able to commit themselves to one another no matter their race, or sexual orientation. Saying that two people of the same sex can't marry is unconstitutional because it is saying that people who are homo-sexual are less equal than everyone else. It is also taking away rights that people with a hetero-sexual point of view would be allowed to have, which is discrimination and is again, unconstitutional.
Marriage also has many benifits. The sharing of taxes, bank accounts, and being able to give belongings to a spouse in one's will. Not to forget the visitation rights if someone is in the hospital. If a man and woman are married and one is hospitalized, the husband or wife is allowed visitation, but to take that away from someone, because they are of the same sex as the spouse is so wrong! If they are in love, then that's all that should matter.
I don't think banning same-sex marriage is constitutional. I don't feel it's right to take away the right to marry away gays. Olson and Boies will be trying to prove that, "denying gays the right to wed serves no legitimate public purpose and that Proposition 8 was motivated by legally irrelevant religious or moral beliefs or even anti-gay bias." I agree. Stopping gays from marrying won't do anything execpt promote ignorance and make a group of people angry.
Also, it violates the 14th Amendment, which states that States can't make laws depriving people of life, liberty or property without due process of the law. Stopping gays from marrying is in my opinion depriving them of the liberty of being able to marry. Also, Gkerber brought up a good point with adoption. Most of the gay couples I've met have all adopted children.
In the article there was also something about same sex couples affects on children. I don't think parents have to be a man and a woman, just two people who love their child. If the child was brought up with love, it would turn out just like a child brought up by a man and a woman
My opinion is that the state of California should legalize same sex marriage. I don't see any reason why California banned it in the first place. The arguement for people who oppose same sex marriage is that if two people of the same sex marry and adopt children, the children will not be properly raised. There is no evidence to support this. In states where gays are allowed to be foster parents, such as Florida, gay foster parents have proven to be just as good foster parents as heterosexuals. There is no study that has shown that children raised by gay parents are any more or less successful than children raised by straight parents.
In the state and federal courts in America, the issue of gay marriage is a constitutional issue. In the state legislatures of America, gay marriage has become a political issue.In truth, the issue of gay marriage is a matter of right and wrong, just like all the civil rights issues before this one. It is an issue of human dignity. Just as it was wrong to deny women the right to vote, or blacks to use public restrooms, it is equaly wrong to prohibit gays from enjoying the benifits and committments of marriage.
In my opinion i feel that voting no on gay marriage in the state of California was not right and unconstitutional. People who happen to be homosexual should have every right as a person that is heterosexual. By banning gay marriage we are discriminating against certain people and therefore taking away there rights to be married. Since there are states that allow gay marriage, if homosexual people really want to get married they would just go to that state or also to Canada which causes more work for people and also cost money. Homosexuals are being discriminated against just like aftican-americans were treated when they were used as slaves just because the color of their skin.
One reason why people were against gay marriage was because of their children growing up with same-sex parents. If a homosexual couple decided to adopt a child, that would be one less child growing up without parents. Parents are one of the most important people in a child's life and children should not be denied parents just because of their sexual orientation. Therefore I believe Proposition 8 is unconstitutional.
I feel that same sex marriage should be allowed and that we should focus on more important problems in the world. America was founded on equality and freedom, and if we make this country unfair for the citizens that are gay then there is no reason for the Revolutionary War and the last 230 years of this country. Marriage by definition is between a man and a woman but eventually as time goes by humans pursue what makes them happy, and if that means getting married to a person of the same gender as you, so be it.
I agree with kxie that it is great that gays adopt children and give them a great chance at a bright future. I dont agree with people that are heavily religious that say the bible says you cant get married to the same sex. if you yield to that you're basically limiting yourself from happiness from a book written 4000 thousand years ago. I say let people do what they want, when they want, and how they want to do it. Proposition 8 is unconstitional.
In my opinion, same sex marriage should most definitely be allowed. I dont think there is anything wrong with wanting to choose to spend your life with the person you love wether it be the same sex or a man or woman. Its what the person believes is best for them and thats what counts.
We should not discrimanate on this matter beacause being in the United States is about freedom and how can you have freedom if someone wont let you marry the one you love? Its wrong. Even though god made it so that a woman and a man should be married, other types of people should be included too, just like with blacks and that they are the same as us, just different skin color. I think the correct thing to do in this case is to allow same sex marriage in not only California, but everywhere.
I feel that not allowing same sex marriage would be unconstitutional. Not allowing gay marriage would be unjust and discriminitory. If I saw a same sex couple in boulder holding hands or kissing I would have no problem with that. That is there own personal life and as long as they do not make "whoopie" in front of me (that is illagal anyways) I personaly dont care. They are not disterbing me and it is not neccisary to look at them.
Some people may say "well why should i have to change because of them" but in my oppinion that is selfish. That gay couple is happy just like a opposite sex couple are happy. in the constitution it says we have the right to the persuit of happiness and As Hsmith stated this country was founded on equality and freedom and not allowing gay marriage would be just the opposite. Proposition 8 is unconstitutional.
I believe that marriage is a right and when you marry you have the right to choose who you marry opposite gender or not. Marriage is a chose by the person not by the government if you take away that option the gay community looses there basic rights as a human. When people today think about slavery people think about how discriminatory and how unjust it was, being gay is no different so if African-Americans got their rights so should gays.
Many people that are for banning gay marriage believe that giving gays a civil union will make it all better. Half of the reason why same sex couples want to be able to marry is so they can have the same rights everyone else has. Marriage is a strong bond between two people and that bond can be just as strong between a man and a woman and a man and a man or a woman and a woman. No mater how you think about if its your chose your life then same sex marriage should be an option. People argue that it goes against some religions but, if the couple does not believe in that then it should have no effect towards them. Proposition 8 is unconstitutional because it states all men are created equal well if two men that want to marry cant and a women and a men want to marry and do that is unequal. Henceforth banning gay marriage is unconstitutional.
I believe that marriage should stricly be bewtween one man and one woman. Although there is seperation of church and state in the US government, the United States was founded orginally by christians (protestants). Being religiously involved myself, I see that the Christian Church identifies marriage as the union between a man and a woman. Aside from the religious stand point, for the sake of children's upbringing gay marriage should not be allowed. I am not one to critisize gay people, although a child should be subjected to multiple points of view as they mature from childeren into adults. Having parents of differents sexs allows children the opportunity to see multiple sides to an argument as naturally men and women have different views on some subjects.
Although I believe that gay marriage should not be allowed, I believe that civil union are definatly acceptable. That way people who wish to be together can have legal rights if a something happens to one of them. In regards to proposition 8, I do not think that banning gay marriage is unconstitutional. Although the constitution does not explicitly state any requirments about marriage, the United States religious history has been in opposition to any marriage that is not of one man and one woman.
In this current time period of US history, agreement with gay marriage is rising. With strict right and left view points on sexual orientation and marriage, this leaves the rising generations of childeren in a pivitol place. Either they are brought up to believe that gay marriage is acceptable or that it is wrong and should not be allowed. If proposition 8 were to allow gay marriage I think the allowances of gay marriages would spread to liberal areas (I say this because Liberals are more might I say flexable as where Conservatives are very rigid sometimes and unwilling to change). In all I do not believe gay marriage should be legalized but on the same not civil unions should be allowed for strictly legal purposes.
I am of the opinion that the ban on gay marriage is highly unconstitutional. Every person is entitled to the same rights as every other person in world. There should be no discrimination based on things outside of a person's control such as their gender, race, or sexual orientation. Discrimination against homosexuals is just the latest battle in a war against discrimination that has been fought for centuries, here in America and else where around the world. Throughout the ages this struggle has been marked with small advances that have brought about radical changes in the political and social structure of our country every time they have been realized. In the recent past America has granted equal rights to people based on their race and gender and now it is time for them to do so based on their sexual orientation.
Homosexuals deserve the same rights and privileges any other person is given without hesitation. A person's sexual orientation isn't something that they can change, it is an integral part of who they are and by disallowing gay marriage we are stopping them from grasping their full rights as people and citizens of the United States. Marriage is an important right in that it allows for certain privileges that cannot otherwise be obtained within our legal system. Marriage allows for the implementation of certain tax breaks and child custody laws that every couple has the right to take benefit of, whether they be hetero- or homosexual. If gay marriage is legalized it will mark yet another large step forward on the path of equal civil liberties for all.
I believe that same-sex marriage should be legalized not only in California, but all over the nation. The United States of America is built on the idea that everyone is equal and deserves the same rights as everyone else. Banning same-sex marriage is going against this belief that America has created. People who are homosexual are no different from the rest of the people in America who are heterosexual and deserve the right to be married. The United States is about being free and being able to act and do what you choose therefore should allow gay marriage because if it is something two people want, they should be able to make the decision freely.
The constitution is also built on the idea that everyone has the right to pursuit happiness and if getting married is what would make you happy, then there should be no limitations restricting you from doing it. Same-sex marriages should be allowed because of this reason and not controlled by the government but should be the individual's choice.
Marriage is defined between a man and a woman according to the bible, yet not everyone is from that religion. I think we need to acknowledge the many other religions that exist. Since not everyone believes in that same thing, it is unfair that everyone has to go by the one dominant religion in society.
I think that gay marriage should be completely legal. Many people have been saying that if they can get all of the same rights through a Civil Union, that there is no reason for a couple to need a marriage. People have been saying that a Civil Union is just as good, but it then causes religous people to stay happy.
My argument is just the opposite. If two gay people could get all the rights they want by a Civil Union, there is no reason for them not to be allowed to enter a marriage. A civil union is just the same, so why not take the one step further. As well, it is 100% against the Bill of Rights, and not everyone here is being treated equal. Instead, it is combining Religion and State by letting peoples' religious views get in the way of the law.
I believe that if the supreme court bans gay marriage it is unconstitutional because marriage is a basic right for anybody. I do believe that if two humans want civil union they should be allowed to without the government telling them what to do. The government not letting homosexual couples marry is breaking two amendments: The right to freedom of expression and separation of church from state. I do believe that marriage should not only identify the civil union to a man and a woman but to any type of couple. Having different names for the different civil unions I think is just a way to label married couples. What this whole situation comes down to is that the religious connoisseurs that don't believe in marriage between a homosexual couple needs to stop controlling other people and keep their beliefs to themselves. They need to separate church from state and realize that religious text does not dictate laws in modern day America. Also the major defenses of anti-homosexual groups is that it says in the bible that marriage is between a man and a woman and also that a homosexual couple can't raise a child as well as a straight couple. This is something that has never been scientifically proven and is only a cheap accusation to try and convince that homosexual couples should not be able to have children.
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