Injustice_in_America__Gay_Rights

Jane Smith Mrs. Doe Honors English 1 14 February 2013 Martin Luther King Jr. once said, “Injustice anywhere is a threat to justice everywhere” (King, 1). King, not too long ago, was fighting for his equal rights as an American, the same way that millions of Americans today are fighting for their right to get married. The previous quote is relevant to the gay rights movement because the injustice of forbidding two people from getting married threatens America’s “justice” as a whole. Can we really say that America is a land of equal opportunity when citizens are denied rights and legal benefits based on their sexual orientation' Our constitution serves to establish justice that is then taken away by biased restrictions. Same-sex marriage is currently legal in only 9 out of the 50 States, and even in those states, same-sex couples do not have the same rights and benefits that are associated with marriage for a heterosexual couple. The Defense of Marriage Act (DOMA), passed by Congress in 1996, defines marriage as a union between a man and a woman. A revision of the definition of marriage in the DOMA would allow for same sex marriage to be legal in all 50 states, along with allowing all of the rights and benefits available to heterosexual couples to be available to same-sex couples. The DOMA should be revised in order to allow same-sex marriage to be legal in the United States because preventing two people from getting married is unconstitutional and unmarried couples do not have the same rights and benefits as married couples. The DOMA should be revised in order to legalize same-sex marriage in the United States because preventing two people from getting married is unconstitutional. The Preamble of the Constitution states its purpose, which is to form a more perfect union, establish justice, ensure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty. Our country’s forefathers came to America with the intent to build a nation based on the morals such as liberty, equality, and freedom, and the constitution serves to protect those morals. The United States should be a land of equal opportunity, but without the freedom to marry whomever one chooses, one cannot truly say he is equal or free. According to Theodore B. Olsen, a Gay-Rights activist in California, “The United States Supreme Court has repeatedly held that marriage is one of the most fundamental rights that we have as Americans under our Constitution. It is an expression of our desire to create a social partnership, to live and share life’s joys and burdens with the person we love, and to form a long lasting bond and a social identity. The Supreme Court has said that marriage is a part of the Constitution’s protections of liberty, privacy, freedom of association, and spiritual identification. In short, the right to marry helps us to define ourselves and our place in a community. Without it, there can be no true equality under the law” (Olsen, 2). This quote demonstrates that all Americans should have access to marriage, and that marriage is not a privilege, but a right protected by the constitution. All Americans should be entitled to the same rights, regardless of other people’s beliefs. Not only is the marriage discrimination of homosexuals unconstitutional, but there are numerous rights and benefits that come with marriage that cannot be obtained by unmarried couples. The DOMA should be revised to allow homosexual marriage so that homosexual couples can reap the same legal benefits that married heterosexual couples across America enjoy. “The federal government accords 1,138 benefits and responsibilities based on marital status, not on civil union status. A few of those benefits are unpaid leave to care for an ill spouse, social security survivor benefits and spousal benefits, and the right not to testify against one’s spouse, among others” (11 Facts About Gay Rights, 1). This quote names just a few of the thousand rights and benefits that come with marriage. Homosexual couples are denied these rights, as you cannot obtain them with a civil union status. Unmarried persons cannot visit their partner in a hospital, file jointly for a tax advantage, make medical decisions for their partner, inherit their partner’s property, visit their partner in jail, and many more. Not only are there legal benefits, but social benefits that are associated with marriage. “Social scientists have also found many positive benefits for married couples and families, including fewer incidents of poverty and mental health problems in families where the parents are married rather than simply cohabitating. Many studies also support the idea that children living with married parents do better in a variety of ways than children in any other living arrangement” (Silverman, 1). This quote shows that there are social issues that can be prevented by legalizing same-sex marriage in addition to countless legal ones. Civil unions cannot be used as a sufficient alternative to marriage because they do not provide couples with the security they need and deserve. The DOMA should be revised in order to allow same-sex marriage to be legal in the United States because preventing two people from getting married is unconstitutional and unmarried couples do not have the same rights and benefits as married couples. Barring Americans from getting married and obtaining basic American rights contradicts America’s claims to justice, equality, and freedom. Many traditionalists believe that marriage should be a union between a man and a woman, as the Bible describes it. In a country defined by various freedoms, our laws should not be coming from the Bible or any religious document. The separation of church and state is what ensures this liberty for all. As stated by Deirdre Bourdet, “Our government's role is to guarantee the freedom and equality of every citizen under the law, however. A church's teachings regarding the definition and "sanctity" of marriage have no place in federal law. Let's not forget what the First Amendment says: "Congress shall make no law respecting an establishment of religion"” (Bourdet, 1). This quote proves that any laws based on a religion are unconstitutional. Many Americans look back on the Civil Rights Movement in disbelief that rights could be withheld from Americans based on the color of their skin. In the future, Americans will look back with that same disbelief on the Gay Rights Movement. No American should be treated as an inferior, no matter what their skin color, or who they love. The injustice of not allowing two citizens from getting married affects America’s claim to justice. If one group is treated unjustly, then America as a whole is not truly just. A revision of the DOMA would allow for true equality and justice for all Americans. Works Cited "11 Facts About Gay Rights." Weblog post. Do Something. N.p., n.d. Web. 22 Apr. 2013. Bourdet, Dierdre. "Separation of Church and State / Same-sex Marriage Is a Civil Matter." SFGate. N.p., 6 Aug. 2003. Web. 22 Apr. 2013. King, Martin Luther, Jr. "Quotation Details." The Quotations Page. N.p., n.d. Web. 22 Apr. 2013. . Olsen, Theodore. “The Conservative Case for Gay Marriage”. Newsweek, Vl. 155 Issue 3 (January 18, 2010): Page 48-54 Silverman, Jacob. "How Marriage Works." HowStuffWorks. N.p., n.d. Web. 22 Apr. 2013.