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  • Essay / Same-Sex Marriage Rights in the Constitution and Declaration of Independence

    Do you remember in school, preferably in your history class, how you learned about the Constitution and the Declaration of Independence? Yeah, you know, that document with all the amendments in it, and that other document that had a song written about it? No? Don't you remember? Well, I'll just have to remind you then. With all the uproar over same-sex marriage, I think it's safe to say that now you'll probably need to refer to your history textbook. Say no to plagiarism. Get a tailor-made essay on “Why Violent Video Games Should Not Be Banned”? Get the original essay Same-sex marriage is not only known to be a fundamental civil right for (men), it is also protected by our Constitution and Preamble. The right to same-sex marriage is also supported by the 14th Amendment (Section 1). Gay marriage is protected by the U.S. Constitution's commitments to liberty and equality. In 1974, the United States Supreme Court ruled 7-2 in Cleveland Board of Education v. LaFleur that “freedom of personal choice in matters of marriage and family life is one of the freedoms protected by the Due Process Clause.” U.S. District Judge Vaughn Walker wrote on August 4, 2010, that California's Proposition 8 banning same-sex marriage was "unconstitutional under the due process and equal protection clauses." (ProCon, 2016) There was also a due process clause in the Fifth and 14th Amendments to the U.S. Constitution, which states that no person shall be "deprived of life, liberty, or property, without due process of law." regular”. The Equal Protection Clause of the 14th Amendment states that no state shall “deny to any person within its jurisdiction the equal protection of the laws.” (ProCon, 2016) There is also the preamble to the Constitution that supports same-sex marriage. “To obtain the blessings of Liberty” means “to secure liberty.” (United States Constitution, 1789) Blessings can also be interpreted as happiness, liberty, or anything that is considered to benefit an individual's liberty, provided it does not harm others. This means that in the constitution, as a whole, this phrase was included as a way to help protect its citizens' rights to liberty/the pursuit of happiness against a tyrannical government. Denying a person's path to freedom, or in this case, liberty, would go against the preamble to the Declaration of Independence. If someone wants to marry another person of the same sex, the law guarantees their freedom to do so. According to Amendment 14, Section 1, "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; and no State shall deprive any person of life, liberty, or property, without due process of law, or deny to any person within its jurisdiction the equal protection of the laws; (United States Constitution, 1789) This means that under the law everyone must be treated equally, regardless of sexuality, race, religion, or sexual orientation. Same-sex marriage is protected both by the Constitution and the Preamble, "securing the blessings of liberty, to ourselves and our posterity", and by Amendment 14. Keep in mind: this n This is just a sample. Get a personalized paper.