Constitutionality Of Same Sex Marriage

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Constitutionality Of Same Sex Marriage

    The proposed legalization of same-sex marriage is one of the most
significant issues in contemporary American family law. Presently, it is
one of the most vigorously advocated reforms discussed in law reviews,
one of the most explosive political questions facing lawmakers, and one
of the most provocative issues emerging before American courts. If
same-sex marriage is legalized, it could be one of the most
revolutionary policy decisions in the history of American family law.
The potential consequences, positive or negative, for children, parents,
same-sex couples, families, social structure public health, and the
status of women are enormous. Given the importance of the issue, the
value of comprehensive debate of the reasons for and against legalizing
same-sex marriage should be obvious. Marriage is much more than merely
a commitment to love one another. Aside from societal and religious
conventions, marriage entails legally imposed financial responsibility
and legally authorized financial benefits. Marriage provides automatic
legal protections for the spouse, including medical visitation,
succession of a deceased spouse's property, as well as pension and other
rights. When two adults desire to "contract" in the eyes of the law, as
well a perhaps promise in the eyes of the Lord and their friends and
family, to be responsible for the obligations of marriage as well as to
enjoy its benefits, should the law prohibit their request merely because
they are of the same gender? I intend to prove that because of Article
IV of the United States Constitution, there is no reason why the federal
government nor any state government should restrict marriage to a
predefined heterosexual relationship.
    Marriage has changed throughout the years. In Western law, wives are
now equal rather than subordinate partners; interracial marriage is now
widely accepted, both in statute and in society; and marital failure
itself, rather than the fault of one partner, may be grounds for a
divorce. Societal change have been felt in marriages over the past 25
years as divorce rates have increased and have been integrated into even
upper class families.
    Proposals to legalize same-sex marriage or to enact broad domestic
partnership laws are currently being promoted by gay and lesbian
activists, especially in Europe and North America. The trend in western
European nations during the past decade has been to increase legal aid
to hom

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