The fundamental argument for same sex marriage

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Okay: What is the Supreme Court thinking about marriage? They just heard oral argument from gay couples, from the states that want to preserve their bans, and from the U. And we can make a couple guesses about what's going through their heads.

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Use the link below to share a full-text version of this article with your friends and colleagues. Learn more. Volume 7Issue 3.

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In the debate over gay marriage, opponents have many arguments that profess their belief that it should not be legal. These include many moral and religious reasons that point to a threat to the sacred institution of marriage. This debate brings up many questions.

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Perhaps no issue is more nerve-wracking today than same-sex marriage. But beneath all the fiery passion and rhetoric, there are real arguments to evaluate. First, this article concerns civil marriage — marriage as defined and promoted by the state.

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Lyle Denniston Independent Contractor Reporter. The Court is scheduled to consider ten petitions on that issue at its private Conference on Friday. This article discusses the legal arguments in favor of same-sex marriage.

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Same-sex marriage in the United States expanded from one state in to all fifty states in through various state court rulings, state legislation, direct popular votes, and federal court rulings. Same-sex marriage is also referred to as gay marriagewhile the political status in which the marriages of same-sex couples and the marriages of opposite-sex couples are recognized as equal by the law is referred to as marriage equality. The fifty states each have separate marriage lawswhich must adhere to rulings by the Supreme Court of the United States that recognize marriage as a fundamental right that is guaranteed by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitutionas first established in the landmark civil rights case of Loving v.

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The main argument put forward in favour of altering the definition of marriage as being between a man and woman is that this discriminates against relationships between individuals of the same sex and hence constitutes a violation of their right to have their relationship recognised as having equal value. The question now becomes one of determining whether the argument is sound, since it appears to be a valid argument - that is, assuming the premises from which it begins are true, the conclusion is true. On the other hand, if any of the premises are false, then the conclusion is false, though the argument is still valid since the form of the argument is valid.

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What role did the Commission play throughout the debate on same sex marriage? How did same sex marriage come to be protected by the Canadian Human Rights Act? This submission analyzes same-sex civil marriage through the prism of human rights.

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The rights of lesbian, gay, bisexual and transgender LGBT people have recently come under great scrutiny, to the extent that English law has granted marriage rights to same-sex couples from March Marriage Same Sex Couples Act Yet as same-sex marriage has gained traction throughout Western liberal democracies — most recently in the May referendum result in the Irish Republic BBC News — it has simultaneously encountered significant institutional opposition. It is currently legal in fewer than half of all American states and not at all on the African continent except South Africa Itaborahy and Zhu ; a Croatian poll rejected an amendment in marriage statutes to include same-sex couples BBC News ; bills to legalize same-sex marriage were defeated in both the Faroe Islands Roberts and Northern Ireland McDonald These amount to deep-seated disagreements about the appropriateness of gay marriage laws [2] ; how political institutions should be structured given these disagreements remains problematic.

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