Research

                Every man is created equal. This is a statement taken directly from the constitution of the United States of America. In the constitution I do not see an asterisk stating that gay men are not equal to straight men. Yet many states have made laws and state constitutional amendments banning gay marriage. These laws are unconstitutional due to various court cases, it violates equal rights, and a more unorthodox approach that Debra Deleat and Rachel Paine introduce that it violates religious freedom.

                Beginning with the various court cases that have ruled the banning of gay marriage is unconstitutional. In the Lawrence v. Texas court case where two men were allegedly caught by police sodomizing, which in that time was illegal in Texas. This case was taken all the way to the Supreme Court and was ruled in favor of Lawrence and forced Texas to repeal the sodomizing laws. This shows how the illegalization of gay marriage is unconstitutional because courts reference old rulings in current cases and how to adjust laws. Also the fact that the supreme court could rule that controlling who people sodomize with unconstitutional than how can they rule the controlling of who people love and marry constitutional.

                Secondly, It is unconstitutional because of the unalienable rights that the constitution gives all of its citizens. The unalienable rights that the constitution gives its citizens are the right to pursue happiness, life, and liberty. Yet one unalienable right is stripped from gays seeking to be married, and this right is the right to pursue happiness. They are being stripped of this right by the states who ban gay marriage. Because to them, like most people who are in love, to pursue happiness is to become married which these states do not allow. This is allowed because some churches argue that allowing gay marriage to be legal will ruin the sanctity of marriage and that it violates the separation of church and state. However, illegalizing gay marriage violates separation of church and state because it does not allow gays to practice what they please, like the first amendment guarantees.

                Finally the unorthodox approach that Religious freedom is one reason the banning of gay marriage is unconstitutional. This approach was brought forth by Debra Deleat and Rachel Paine stating that since some branches of Christianity due support gay marriage and allow members to be gay that it is protected under freedom of religion. The approach is different since this is one of the main arguments used against gay marriage but was turned around to support gay marriage.

                The stripping of rights from people is very unconstitutional but is done by state governments when they ban gay marriage. Churches try to get people to overlook this by saying it will ruin the sanctity of marriage and that it is a sin against god. However, many other sins are committed yet are not met with such disgust such as premarital sex, lust, and keep the Sabbath holy. These sins are committed almost daily by most people yet the church and the public does not bat an eye yet when two men or women want to get married it is all of a sudden a terrible thing.

 

 

Works Cited

Delaet, Debra L., and Rachel Paine Caufield. "Gay Marriage as a Religious Right: Reframing the Legal Debate Over Gay Marriage in the United States*." Polity 40.3 (2008): 297. ProQuest. Web. 4 Dec. 2013

Sawyers, June. "Flagrant Conduct: The Story of Lawrence v. Texas." The Booklist 108.11 (2012): 10. ProQuest. Web. 4 Dec. 2013.

Schacter, Jane S. "Romer v. Evans Democracy's Domain." Vanderbilt Law Review 50.2 (1997): 361-410. ProQuest. Web. 4 Dec. 2013.