Debate Surrounding Same-Sex Marriage

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Topic: Law
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Amending the Constitution

The Constitution is the legal document that contains the rules and regulations that govern the conducts of individuals within a given society (Harrison et al, 2010). However, due to the dynamism of the society and culture, it is essential for the law to be flexible in order to reflect these changes. It is thus as a result of this that the Constitution has to be amended to meet the changing needs and desires of the people whom it governs.

In USA, Article V of the Constitution governs the process of amending the Constitution (National Archives, 2012). The Congress can propose amendments to the Constitution by a two-thirds majority vote from the House of Representatives and the Senate. On the other hand, amendments can also be proposed by constitutional convection. For this motion to be passed, it requires a two-thirds majority vote of the state legislatures (National Archives, 2012).

The proposed amendment has to be ratified by 75% of the states before being considered as the law. At this point, it is essential to note that presidential approval is not required to approve a constitutional amendment since the President of the United States does not play any role in the amendment process.

Advantages and Disadvantages of Amending the Constitution

Amendments to the Constitution ensure that better rules and regulations are developed to protect the rights and freedoms of the citizens of the United States. Amendments also ensure that the rules that govern the people conform to their needs and desires as individuals and as a society at large.

However, the amendment process might be criticized especially when a proposed amendment gathers different views and opinions from individuals, organizations, and institutions. The process is also rigorous and requires a lot of financial among other resources to be completed in an effective and efficient manner.

Debate on Same-Sex Marriages

Since its independence, the United States of America has strived to ensure that its citizens enjoy their natural rights to liberty and property. The Bill of Rights and the Fourteenth Amendments are examples of documents that have been developed to protect the rights and freedoms of all citizens in the United States with regards to this.

The Equal Right Clause of the Fourteenth Amendment, for instance, condemned any form of discrimination in the United States (Hess, n.d.). This included discrimination on the grounds of color, ethnicity, and sexuality. On these grounds therefore, I believe that same-sex marriages should be allowed in the United States.

Denying gays and lesbians their right to marriage is an act that goes against the efforts that have been put to fight for equality and justice in the United States. This discriminatory act aims at depriving fellow citizens their right to happiness with the people they love and care about.

Currently, eight states have legalized same-sex marriages in USA (ProCon, 2012).These states argue that gays and lesbians, as the citizens of the United States, should enjoy the civil benefits of marriage (Hess, n.d.). Additionally, it has been argued that by advocating for same-sex marriages, the revenue that the state and federal government earns increases.

Furthermore, adoption rates shall increases. Therefore, in the long run, same-sex marriages are avenues of making a better society for the people of the United States. For instance, since the legalization of gay marriages in Massachusetts in 2004, the rate of divorce has reduced by 21% (ProCon, 2012). Therefore, gay marriages play a significant role in meeting the emotional and psychological needs of the gays and lesbians as well as the entire society.

References

Harrison, B., Harry, J., and Halter, G. (2010). American Democracy Now Texas Edition. Texas: Texas A&M

Hess, D. (n.d.). The 14th Amendment and Same-Sex Marriages: Do laws and Constitutions that prohibit same-sex marriage violate the 14th Amendment?

National Archives (2012). The Constitutional Amendment Process.

ProCon. (2012). Gay Marriage: Should Gay Marriage be Legal?