Marriage Rights Should be Determined by the States

The pleasure is mine, MrBrooks. Let’s get to it. I do believe that the Federal Government should legalize gay marriage in all 50 states. I don’t think this is an issue that the public should vote on. In the case of gay marriage, “majority rule” becomes the “tyranny of the majority.” I don’t believe opponents of gay marriage have valid or rational reasons for wanting to stop gay people from being married. Gay marriage has been legalized in a few states already, and it has not had a negative effect on society. I honestly don’t think if we legalize gay marriage everywhere, it would have any more of an impact on society where it would effect the personal lives of people who are not gay or in families with gay parents. People worried about the children of gay parents should not fret either. Indeed, children raised in gay families usually develop the same as children raised in straight families. [1] [2] While it doesn’t really effect people outside of gay families or who are not gay themselves, allowing gay marriage does offer gay couples and their children security. The benefits and protections that marriage provides would create a secure situation for couples and their families to live in. [3] It offers them a better quality of life. And that’s what we want for all of our American citizens, the best quality of life possible or "Life, Liberty, and the pursuit of Happiness". And as long as it doesn’t negatively effect anyone else’s life, they should be offered it. If gay marriage were to be legalized, what would those opposed to gay marriage lose? Nothing. If gay marriage is not legalized, what would gay people lose? Not only would they lose the ability to be married but they would also lose the many rights, benefits, and protections that come with marriage. It’s simply not a fair game. Let’s look at the Supreme Court’s holding in Loving v. Virginia: The freedom to marry has long been recognized as one of the vital personal rights essential to the orderly pursuit of happiness by free men. Marriage is one of the “basic civil rights of man,” fundamental to our very existence and survival. Skinner v. Oklahoma, 316 U.S. 535, 541 (1942). See also Maynard v. Hill, 125 U.S. 190 (1888) Now, if the Supreme Court came to this conclusion on interracial marriage, why would it not also apply to gay marriage? Let’s take a look at the 14th Amendment: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” So, while the states obviously have the power to make their own laws, there are still restrictions. Not everything should be left up to the states to decide. We do need to protect our citizens from mob rule. The majority should not always have the say. [1] http://pediatrics.aappublications.org...[2] http://www.jstor.org...[3] http://www.nolo.com...