The Fundamental Right to Same-Sex Marriage Essay - 718 Words

The legalization of same-sex marriage has been a controversial issue for years. Arguments have risen between political and religious point of views over the controversial topic. While many believe it is morally and ethically wrong, there are others who believe it is emotionally and socially acceptable. More than half the country legally denies the right to marry between lesbian or gay couples. When denying same-sex couples to marry, the government is degrading the rights of citizens and is encouraging the discrimination against LGBT individuals. The freedom to choose who to marry is a fundamental right all people should have. Same-sex marriage should be legalized because it is constitutional, therefore provides equality regardless of†¦show more content†¦Many benefits are only available to married couples, such as hospital visitation during an illness, taxation and inheritance rights, and access to family health coverage, and protection in the event of the relationship end ing. It is discouraging to deny same-sex citizens from marrying because it prohibits them from inheriting legal provisions over their beloved partner. Gay couples are denied access to over one thousand federal rights and benefits, including the rights to share property or be accessed to make life-or-death decisions for a partner in a medical emergency. Hospital facilities cannot legally allow gay or lesbian partners to visit their lovers or receive medical information about their condition without a blood relative representative. This is unfortunate because when a person is in a long-standing gay relationship they have no inheritance rights and no say in how their partner will be treated or even be notified when they become ill or die. It is not right for a gay or lesbian couple to not be able to receive the same authority a married straight couple has in medical benefits. Other rights and benefits gay couples are denied include no social security survivor, healthcare, disability, military and other benefits afforded to heterosexual couples. Without a will, they often pay estate taxes when a partner dies, and are also denied family leave under the Family and Medical Leave Act.Show MoreRelatedSame Sex Marriage Is A Fundamental Right870 Words   |  4 PagesUnited States Supreme Court, in a 5-4 decision, held that same-sex marriage is a fundamental right guaranteed by the due process and equal protection clauses of the Fourteenth Amendment to the United States Constitution. In consequence, many new legal implications have arose from this decision. For example, now there’ll be same-sex divorces, same-sex spousal rights for life insurance, wills, and the like. What does this all mean legally for same-sex couples? 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In order to determine if the state is required under the Fourteenth Amendment to license a marriage of same sex, we must establish a foundation in regards to marriage and its entitlements. The court argues that marriage â€Å"is not a fundamental right,† and with this conclusion, the state is not be required to legally recognize any marriage it does not see fit. Fundamental rights are due strict scrutiny, but issues of liberty interest only require rational basis. There is a significantRead MoreThe Evolution of Same-Sex Marriage976 Words   |  4 Pagescall it marriage equality, and opponents refer to it as â€Å"redefining† marriage. The issue of legalizing same-sex marriage has evolved over the years. Same-sex marriage and the fight to legalize it publically started in 1972 in the ‘Baker v. Nelson’ Supreme Court case, which involved a Minnesota couple that was denied a marriage license. The couple ended up taking their issue to court but their trial was dismissed because the Supreme Court stated that the clerk was allowed to refuse same-sex couplesRead MoreThe Issue Of Same Sex Marriage Essay1645 Words   |  7 PagesOverview On June 26, 2015, the U.S. Supreme Court, with a 5—4 majority decision, held that marriage is a fundamental right that should apply to same-sex couples based on the Due Process Clause and the Equal Protection Clause. Based on The Fourteenth Amendment of the Constitution, all fifty states must license and recognize a marriage between two people of the same gender. This is a significant change in the history of the United States, and supporters of the case honor the five judges in their reasonable