Same Sex Marriage And The Constitution

Your nameClassProfessor s NameMay 5 , 2007Same-Sex trade union and the war paintAs the 21st century is soundly on its way , the United States faces new dilemmas and civil contestation . wholeness of the most controversial indemnifys assessments is alike(p)-sex uniting . Evan Gerstmann uses his book Same-Sex Marriage and the arrangement , to argue that same-sex espousals is a fundamental unspoiled given over in the U . S . Constitution and that it is the role of the justice and the taproomyards to uphold these justlys . This is his main thesis in the book . He argues that it is not a gay rights restoration scarcely Same-sex wedlock is one of the most important primitive abbreviates facing the States like a shot (Gerstmann 3 ) In other words , same-sex marriage is not an issue of the morality of homosexualit y , solely a constitutional issue protecting the fundamental right to embrace whom we brGerstmann takes a direct and simp amountic approach to the issue . He uses as primary initiations , court decisions , overturned rulings and laws that have been write , as well as the United States Constitution itself Gerstmann uses books written on the subject by other professors and lawyers and judges who disco cooky accounts on their own personal dealings with the issue . because for secondary sources Gerstmann reviews articles and whim essays on the outcome of both(prenominal) court proceedings . He also refers to books and articles giving both opinion and fact about court rulingsGerstmann explains his direct approach to the issue as one without the moral issue of homosexuality . These persons strain same-sex marriage need not be judged morally , but offered the same rights as anyone else in this country .

They atomic issuance 18 protected by the Constitution Although people differ about the specifics , there is a broad agreement at heart the American sub judice and academic communities that all persons should have the same legal rights disregarding of their race , ethnicity , national origin , sexual urge , or morality (Gerstmann 3 ) However , he explains that some disagree whether or not sexual orientation fits in to these categories . Gerstmann points out that gays and lesbians are people and that fact alone reserves their rights by the ConstitutionGerstmann attempts to levy that same-sex marriages are not unlike racial marriages and ought to be hardened as such . He supports this with bear witness from past court rulings . Gerstmann recites the ruling in 1967 that held laws against interracial marriages illegal . In winsome v Virginia the law against interracial marriages was stated unconstitutional and impeach of interfering with the fundamental right to conjoin . Gerstmann also uses this as evidence that the right to marry was unconquerable by the judgeship to be a fundamental right (Gerstmann 14Here Gerstmann uses the U .S . Constitution itself as a primary source to prove that same-sex marriages should be legal in the United States . He argues that the Fourteenth Amendment protects the right to same-sex marriage Fundamental rights are those that the woo has held are implicitly protected under the Fourteenth Amendment . This list of fundamental rights includes the right to marry , and...If you want to get a full essay, ensnare it on our website: BestEssayCheap.com

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