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Ivan Maurer
Professor Kilpatrick
English 2010
27 February 2015
Same-sex Marriage: A Constitutional Right
Same-sex marriage in the United States has been and continues to be a heated discussion in today’s society. Arguments and court cases on this issue can be traced back as early as the
1980’s. (Sherman) In recent years however, there has been progression at a rapid rate. Within a few years the states that condoned marriage of a homosexual couple has gone from zero to currently thirty six out of the fifty United States, which represents more than seventy percent of the entire American population. Among those who are the age of eighteen to twenty nine, nearly eighty percent fully sustain and believe in marriage equality. (Editorial Board) This introduces the question of why this is becoming such a popular topic and how it is becoming more and more acceptable in today’s society. The discrimination against same-sex marriage is a problem because there are still fourteen states in this country that have laws prohibiting same-sex marriage and everyone in this country has the right to freedom and to live happily the way they would like to where ever they may be, as this country has proclaimed itself to be a “land of the free.” That is the whole reason why America was founded and the Constitution was written, to find and attain freedom from oppression and provide equality for all.
Marriage is and has been an important part of our culture; almost like a rite of passage.
Most, if not all, have the natural desire to connect with someone on a higher emotional level and long to want and be wanted by this person. For the longest time our culture has set the social

Maurer 2 norm for marriage, that it is only between a man and a woman, but that norm is beginning to change at a dramatically increasing rate. If two people have that natural desire mentioned earlier, than should the gender of those people matter? In their opinion article, the Editorial Board from
The New York Times quotes the Constitution, which states that it “protects ‘adult persons in deciding how to conduct their private lives in matters pertaining to sex.’” The Editorial Board also mentions rulings on the bans placed on same-sex marriage in some states and how federal and state judges have discovered that these bans “violate the Constitution’s guarantees of due process and equal protection.” These statements provide a strong argument for those advocating for the legalization of same-sex marriage. People have a constitutional right to choose how to live their lives and decide for themselves which gender they want to be attracted to. The Equal
Protection Clause in the Fourteenth Amendment also strictly grants them protection against any kind of discrimination. Based on these discoveries, it is clear to see that the genders of two people who are in love and desire a deeper commitment with each other should never matter as long as that longing for companionship exists and this is not how they are accepted currently in this country.
A difficult situation faced by the LGBT community has been the Supreme Court’s lack of involvement in court cases and rulings. Until recently, the Supreme Court has denied hearing any court case on the rulings of individual states upholding the bans that exist on same-sex marriage.
By doing this they have been pleasing promoters of marriage between a man and a woman. The supporters view is explained in an article written by Mark Sherman: “advocates for traditional marriage want the court to let the political process play out, rather than have judges order states to allow same-sex couples to marry.” Much to anti-gay rights supporters’ advantage and the

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LGBT communities’ disadvantage the court is doing just this. This is greatly taking a toll on same-sex families.
In the same article mentioned above Gregory Bourke is quoted. He was married to his partner in Canada in 2004; they have since moved and now reside in Louisville, Kentucky. He says: “Our family is like any other family. We have children, we have jobs, we have lives, we are very much engaged in our community and yet we don’t feel like we are being treated yet as equal citizens.” (Sherman) This man and his family feel as though they are fully a part of their community and they contribute just as much, if not more than heterosexual couples. This goes to prove that it is wrong that they do not enjoy the same rights as traditional families even though there is little difference between them. For what they contribute to society, the LGBT community deserves equally and freedom from discrimination.
Another problem that same-sex couples currently face is explained perfectly in this case study from the American Journal of Family Law
. The author mentions “the problem of being
“wedlocked”—in other words, being unable to obtain a dissolution in one’s state of residence. In many of the states that do not recognize same-sex marriage, courts have refused to grant samesex divorces on the grounds that a divorce is a form of legal recognition.” (Hertz 249) Some states will not allow a same-sex couple who were married in another state that has legalized gay marriage to get a divorce because it is a termination of a legally recognized marriage and, as of now, they still will not legally recognize a same-sex marriage. This is a major problem because the state is basically forcing a person to remain married to someone who they don’t want to be married to anymore just because the state refuses to end a marriage that they don’t legally recognize. Which makes little sense, if they have laws banning same-sex marriage, shouldn’t they be more than willing to terminate them? Another disadvantage of this problem is the

Maurer 4 emotional difficulties that are most inevitably connected. Imagine being trapped with an abusive partner with no way to escape or to cut any tie to them. Not being able to fully get away from someone who you don’t love anymore or who is abusive would be extremely hard to deal with.
This problem is faced by both heterosexual couples as well as same-sex couples alike. This goes to show that just because the genders of couples are different does not mean the problems they face are different. With love, the same issues always exist.
It is a common misconception that religious views on same-sex marriage have always been negative and always will be. This is true to an extent with many Christian religions still frowning upon this practice, which is another problem that same-sex couples face. Despite this though, a few religious people actually are becoming more tolerant of the LGBT community as they are seeing the political change that continues to take place. One of the biggest examples is the stance that The Church of Jesus Christ of Latter-day Saints has taken and has announced in recent news regarding nondiscrimination legislation. According to a news article in the Deseret
News, “Nondiscrimination legislation protects gays against inequity in employment, housing and places of public accommodation like restaurants and hotels.” (Walsh) The article also quotes one of the leaders of the LDS Church, Elder Dallin H. Oaks of the Quorum of the Twelve Apostles.
He states that “The leadership of The Church of Jesus Christ of Latter-day Saints is on record as favoring such measures. At the same time, we urgently need laws that protect religions against discrimination and retaliation while claiming the core rights of free expression and religious practice that are at the heart of our identity as a nation and our legacy as citizens.” (Walsh) So to summarize his statement, even though they do not agree with the practice of same-sex marriage the LDS Church is willing and on board for supporting nondiscrimination laws for the LGBT community, as long as religious nondiscrimination is not forgotten as well. Again, Elder Oaks is

quoted in this article to say “We believe laws ought to be framed to achieve a balance in
Maurer 5 protecting the freedoms of all people while respecting those with differing values. We reject persecution and retaliation of any kind, including persecution based on race, ethnicity, religious belief, economic circumstances or differences in gender or sexual orientation." (Walsh) Although the do not accept the practice of same-sex marriage, their goal and desire in this is fairness for all and to have laws passed that will protect freedom of religion for all whom it applies to as well as protecting same-sex couple’s rights to employment, housing and public accommodations.
It is not only the LDS Church though that is showing increased support. An article taken from Time Magazine titled "A Change of Heart" explains how support of same-sex marriage is increasing among some evangelical church congregations. “…evangelical churches and their congregations typically remain opposed, though that opposition is weakening. Support for gay marriage across all age groups of white evangelicals has increased by double digits over the past decade.” (Dias 46) Dias also shares other denominations that are favoring gay marriage, such as
Protestants that are openly ordaining gay ministers and performing marriage for same-sex partnerships and Methodist ministers, who are beginning to revel in the idea of homosexual weddings as well. In this article Dias highlights one of these churches specifically, the EastLake
Community Church. They are doing many things to support of same-sex marriage including performing gay marriages, supporting those who are getting married and playing a short video at the beginning of meetings with a line that states “Gay or straight here, there’s no hate here.”
(Dias 45) This church has become the first congregation to accept, without restrictions, its LGBT followers and has had a major influence in other evangelical churches increasing acceptance of them as well. Dias gives an awesome statement on how this church’s example will influence the country as a whole. “EastLake's pivot is a signal that change is coming to one of the last redoubts

Maurer 6 of opposition to gay marriage in America.” (Dias 46) This congregation has played the role of innovator of churches openly accepting of LGBT members throughout the entire nation. As shown from these examples, same-sex marriage is still a problem to most churches, but some are beginning to change the way they think and how they perceive same-sex attracted individuals.
In conclusion, there is a problem in this country with people who are still against the idea of same-sex marriage. It is plain to see however that these same-sex couples deserve equality and to be free from discrimination. There are disadvantages faced by same-sex marriages, but the solutions lie with the legalization of same-sex marriage and all the freedoms that come with it.
As we come closer to accepting gay marriage as a nation and providing them with equal rights we are also coming closer to following the Constitution and what it ultimately stands for, which is to provide freedom and equality for all.
Dias, Elizabeth. "A Change Of Heart." Time 185.2 (2015): 44-48. Academic Search Premier .
Web. 30 Jan. 2015.
Editorial Board, The New York Times . “The Supreme Court and Gay Marriage.” The New York
Times.
NYTimes.com. 16 Jan 2015. Web. 25 Jan 2015.
Hertz, Frederick. "Navigating Same-Sex Dissolutions: Updating The Legal Landscape."
American Journal of Family Law 27.4 (2014): 246-251. Academic Search Premier .
Web. 8 Feb. 2015.
Sherman, Mark. “Supreme Court Sets Stage for Historic Gay Rights Ruling.”
Associated Press.
ap.org. 17 Jan 2015. Web. 27 Jan 2015.
Walsh, Tad. “LDS leaders reemphasize protection of religious freedoms, support for LGBT nondiscrimination laws.” The Deseret News. Deseretnews.com. 27 Jan 2015. Web. 8 Feb
2015.