18 Aug 2022

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Same-Sex Marriage: the most controversial question nowadays

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One of the most controversial issues that have become an indispensable source of debate in the United States over the past few years has been on the subject of same-sex marriages. Precisely, this has become a contentious issue reflecting on the fact that gay rights activists have been on the forefront in championing for the recognition of such marriages. In an article, Supreme Court Ruling Makes Same-Sex Marriage a Right Nationwide, Liptak (2015) expounds on a ruling by the Supreme Court on this particular issue. In the decision, the Supreme Court supported the position that same-sex marriages ought to be recognized in the United States by the government considering that this is a right for the citizens.

The ruling provided couples in same-sex marriages with the liberty that most of them have been denied for an extended period due to lack of recognition of such unions. Although the ruling has been widely criticized from a religious perspective, legal experts argue that indeed the verdict can be anchored within the law. That is by taking into account that the Supreme Court judges focused their attention on ensuring that their ruling is well positioned in the law as inscribed within the United States constitutional framework.

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In the article, Liptak (2015) builds on the position that marriage plays a critical role in defining the ‘social order,’ as the family is considered as the basic unit of any given society. When making the ruling on this particular controversial issue, Justice Anthony M. Kennedy noted that indeed every individual ought to be accorded that platform from which to enjoy the life from the context of marriage. From a legal perspective, this meant that the law provided every individual with the right to marriage regardless of the outlook of the wedding (de Vogue & Diamond, 2015). Consequently, this meant that indeed all unions, which include natural and same-sex marriages, ought to be recognized within the law.

Liptak (2015) also build on the understanding of the ruling from the perspective of the dissenting opinion presented during this particular ruling reflecting on an alternate position to the majority position. In the analysis of the dissenting view, it is clear that Chief Justice John G. Roberts Jr. believes that although the society may support the idea of marriage, the constitution does not create any provision for same-sex marriages. Beckwith (2015) argues this position indicating that the United States Constitution fails to recognize the concept of same-sex marriages, which is an aspect that contributed to numerous litigations by gay rights movements. The long-term outcome is that the ruling ensured that the governments in the United States are accorded that space for recognition of such marriages.

Reaction 

Based on the ruling by the Supreme Court on same-sex marriages, it is essential to take note of the fact that indeed this ruling may elicit a response touching on the sensitivity of this social issue. The reaction will focus more on the fact that the verdict projected the United States as a secular society taking into account the opposition from religious institutions on the issue of same-sex marriages. When making the ruling, it was clear that the judges focused more on providing every individual with the choice of having to decide whether to engage in a gay relationship.

The ruling that actively fronted for recognition of same-sex marriages can be seen from the perspective that millions of Americans in the United States believed in such marriages within the social institution. Only 13 states in the entire country had banned same-sex marriages meaning that the remaining 37 states believed in the idea of same-sex marriages. Thus, this ruling sort to affirm the understanding of the social issue from the perspective of the people in the country. That means that majority of the people in the United States were living in states that permitted same-sex marriages, thus, suggesting that the ruling did not have any impact on their opinion.

Another critical way to look at the ruling is from the perspective that those involved in same-sex marriages are human beings with rights and freedoms that the government must uphold and protect. From that view, it is clear that indeed recognition of such marriages may act as a step from which to ensure that the federal, state and local governments recognize the rights that must be accorded to such couples regardless of their marriages. The outcome of this is that it will seek to ensure that the liberty associated with the people of the United States is protected as has been enshrined within the constitution.

Both the Bill of Rights and the Fourteenth Amendment, as presented within the United States Constitution, recognize every individual as being equal regardless of the notable shifts regarding social status. From that view, it is clear that indeed the ruling may be anchored within the law, as the judges focused more on the idea of building that progressive approach from which to view such marriages. Ultimately, this means that the people in such unions would be accorded the same level of freedoms and opportunities when compared to the people in the contemporary marriages.

References

Beckwith, R. (2015). Supreme Court orders state to recognize same-sex marriage . Retrieved from http://time.com/3937244/supreme-court-gay-marriage-decision/ 

De Vogue, A., & Diamond, J. (2015). Supreme Court rules in favor of same-sex marriage nationwide . Retrieved from https://edition.cnn.com/2015/06/26/politics/supreme-court-same-sex-marriage-ruling/index.html 

Liptak, A. (2015). Supreme Court ruling makes same-sex marriage a right nationwide . Retrieved from https://www.nytimes.com/2015/06/27/us/supreme-court-same-sex-marriage.html 

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StudyBounty. (2023, September 15). Same-Sex Marriage: the most controversial question nowadays.
https://studybounty.com/same-sex-marriage-the-most-controversial-question-nowadays-assignment

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