Legalize Gay Marriage

February 5, 2010
I believe gay and lesbian individuals within the United States should be able to marry, and therefore have all the same rights as heterosexual couples, because the 11th amendment to the constitution of the United States forbids the twisting of constitutional rights in order to deny others their right. Also, the fact that federalism is being used as an excuse for the federal government to bow out of making a decision on this topic – marital rights are not delegated to the federal government within the constitution – is deplorable. To be sure this right is protected I will petition gay rights activism groups, and lobby the executive branch to institute a pro-gay marriage act nationwide.

On the surface, the issue of gay marriage is a simple one: should homosexual couples be allowed to marry (and, thus, be extended the same rights) as heterosexual couples? Once you dive deeper, however, it gets more complicated. Not only do you have pro-gay marriage activists versus anti-gay marriage activists, you have the church backing the anti-gay activists. Plus, with the federalist wrench thrown in – should the gay rights issue be delegated to the state governments or to the federal government – gay marriage is an incredibly complicated issue. There is also the argument made that by denying gays and lesbians their right to marriage they are also being denied their constitutional rights to the pursuit of happiness.

As stated, the 11th amendment states that “the enumeration in the constitution, of certain rights shall not be construed to deny or disparage others retained by the people” (United States Constitution.) Given this argument, a state proclaimed gay marriage policy is a construction of federalism to deprive some United States citizens of their rights to the perusal of happiness.

In addition, former Vice President Dick Cheney is pro-gay marriage, saying he thinks “freedom means freedom for everyone” (Smith, Ben) and I agree with his statement insofar that as long as every United States resident has the right to life, liberty (freedom), and the pursuit of happiness within the constitution, these rights need to be extended outside of the constitution as well.

Furthermore, the gay rights battle has been called the civil rights battle of our generation, and, according to Jay Leno ‘there has never been a civil rights movement in [this] country that has failed,’ (Schwzarzenegger…) making the national legalization of gay marriage not only morally and constitutionally correct, but also historically and inevitably so.

The United States federal government needs to legalize gay marriage throughout the United States. While this is a huge step forward for the protection of individual rights, it is less so for the common good. However, a homosexual marriage cannot be detrimental in any way to the common good, making the point mute. The only viable argument against gay marriage is that it is against ones religion. But that is a violation of the 11th amendment, since ‘your’ right to freedom of religion cannot infringe on ‘my’ right to the pursuit of happiness.

The United States Constitution.

Smith, Ben and Martin, Jonathan. Gay Groups Grow Impatient with Barack
Obama. 4-6-09. 4-11-09.

Schwarzenegger vetoes same-sex marriage bill again. 6-11-09.

Join the Discussion

This article has 18 comments. Post your own now!

coco28 said...
Oct. 11, 2012 at 2:21 pm
Totally disagree with your opinion because, gay/lesbian are not right. I believe God made man and woman to get married and populate.
Bobbi said...
Dec. 9, 2011 at 1:27 pm
 The fact that you are replying to a comment from 2010 is pretty pathetic but if you had read all of what Threefiddy said, he/she said it had always been seen between a man and a woman, a concept that came from the bible. Treefiddy stated it was a male/female issue, I was stating that where the concept came from was wrong. I was also stating that there is no legal reason why homosexuals cannot marry. To elaborate on my reason of why the christian concept of male female marriages I went on t... (more »)
SemiVeggie replied...
Dec. 9, 2011 at 11:45 pm
I'm a little confused, so I'm breaking my rule of thumb that I don't respond to comments on my articles to request clarification... When you're talking about someone being pathetic, are you referring to me or to RealisticWoman?
peace_love_beauty said...
Nov. 16, 2011 at 9:20 pm
Although I disagree with your opinion, you make a good arguement and write well.
callie15 said...
Jul. 29, 2011 at 6:41 pm
Not everyone in the United States is religious, and religion should have no effect over law. Sorry, that's simply the truth. You have the right to your opinion, but that should not prevent couples who love each other deeply to not have the right to marry.
kagebrubak said...
Jun. 15, 2011 at 9:54 pm
I agree that marriage is a natural right, but only natural marriges, and frankly gay/lesbian marriages aren't natural being that God intended and intends for procreation which is impossible for same sex couples. Plus it's just nasty to see two of the same gender kissing, much less getting married.
Homosexual_Supporter replied...
Dec. 6, 2012 at 4:26 pm
kagebrubak, I must say all relationships are natural. Saying that God intended for a relationship to be between and man and woman is strictly based on your religious views. There are many people in the world with different religious views, just like there are people in the world with different sexual prefrences. Yes, you have the freedom of speech and can have your own opinion, but I ask that you please not say that love is nasty. It would be like a homosexual couple walking by a heterosexual ... (more »)
Kyle T. This work has been published in the Teen Ink monthly print magazine. said...
Nov. 29, 2010 at 6:38 pm
marriage was originally intended by God to be between a man and a woman. It is intended for the sole purpose of bearing children and creating life. I don't care what the constitution says, marriage should be between a man and a woman. If you don't like it then tough
Kyle T. This work has been published in the Teen Ink monthly print magazine. replied...
Nov. 29, 2010 at 6:39 pm
also the saliency of this issue to me is not very high
eileentotheleft replied...
Feb. 7, 2011 at 6:45 pm
In that case, you are suggesting those that are infertile should not be allowed to marry.
C.N.Red replied...
Jul. 7, 2011 at 3:51 pm
I agree. And anyways, not all people are religious. If people can have religious freedom, than people can have gay marriages.
Threefiddy said...
Jun. 28, 2010 at 9:43 am

I disagree. The entire prospect that marriage should be redefined to something that has never been considered in the long history of this institution is foreign to me because I cannot understand the reason to undo such a vital union, which serves as the basis for raising the next generation.

The issue of gay marriage is not a homosexual/heterosexual issue, it is a male/female issue. The entire issue of marriage is not who you are, it is who you marry. Anyone logical realizes that there... (more »)

Bobbi replied...
Oct. 16, 2010 at 2:23 pm
Marriage is a reason of love and it seems to me when you ask someone why homosexuals cannot marry and you press them further with questions it always goes back to the bible. Well in America there is this wonderful right we have called freedom of religion and for you because i am sure you will say that America was formed on Christian values, it was not. Here is why it wasn't, in America they burnt people, killed people, hung people, oppressed women, were racist to other minorities and races, and ... (more »)
RealisticWoman replied...
Dec. 8, 2011 at 3:37 pm
Why do people keep targeting the bible? Threefiddy provided a perfectly logical explaination that included no mentions of the bible and yet you bring it in the arguement. He merely stated that there are some things a father cannot offer that a mother can and some things a mother cannot offer that a father can.
Dani_Girl said...
Jun. 10, 2010 at 8:24 pm
I agree 100% I am entering highschool next year and I plan on participating in the day of silence. I am a straight girl but, I still know what it's like to be treated differently for something you can't control and I will not stand by and watch hatred become legal. Congrats to you for explaining and validifying your true, TRUE point!
DayofRain50 said...
Apr. 1, 2010 at 5:24 pm
to anybody who disagrees with this, I want to know what is the big deal if gays get married. I want one actually good reason why its anybody's business if they get married or not. How much is it really going to affect you and your life. Its their life too, and its not like they chose to against the bible or God or whatever.
callie15 replied...
Jul. 29, 2011 at 6:43 pm
Thank you! Someone who agrees with me:)
Candyman said...
Apr. 1, 2010 at 2:42 pm
SemiVeggie's essay is great -- well reasoned, passionate and logical. Semi-Veggie's view is the one that will prevail. Semi-Veggie is smart. As for Chloe-e-e-e, stop letting others do your thinking for you: the drafters of the Constitution couldn't have anticipated what our modern society would look like (they also didn't specifically mention rights of women, people of color, people with disabilities) but they were all about equality. As for "God" and the tired "Adam and Steve" crack, ... (more »)
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