Welcome to our class blog for Practical Law. Please read the article "CA Proposition 8 same-sex marriage ban ruled unconstitutional" from the Washington Post and then answer the following questions:
1. What is your opinion - should same-sex marriage or gay marriage be legal and why?
2. This case is going to the U.S. Supreme Court where they will have to examine the Equal Protection Clause of the U.S. Constitution which outlaws discrimination. Do you think that not allowing gays to marry is discrimination which is outlawed by the Equal Protection Clause?
3. Opponents of gay marriage say that legalizing it would violate (hurt) their right to freedom of their religion because in their religious beliefs they don't see homosexuality as moral. Do you think that legalizing gay marriage hurts freedom of religion which is protected by the First Amendment?
4. What do you think the U.S. Supreme Court should do on gay marriage?
Thanks for answering!
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This is a blog for students in Meredith Aby's Practical Law class at Jefferson High School in Bloomington, MN. There is an expectation by the instructor & the JHS administration that the same standards for behavior & respect at JHS apply to the blog.
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- Find Law: http://lp.findlaw.com/
18 comments:
1. I dont think gay should have the same sex so no, its not discrimination.The bible said not to be gay!
2. I dont think making gays able to get married will hurt peopl religious belifes, people should worry about them selves and let there God they belive in take care of it!
1. What is your opinion - should same-sex marriage or gay marriage be legal and why? Yes, because all people should be happy in life not depend on the gender of the partner.
2. This case is going to the U.S. Supreme Court where they will have to examine the Equal Protection Clause of the U.S. Constitution which outlaws discrimination. Do you think that not allowing gays to marry is discrimination which is outlawed by the Equal Protection Clause? Yes, it discriminated gays to marry. It should let them to marry.
3. Opponents of gay marriage say that legalizing it would violate (hurt) their right to freedom of their religion because in their religious beliefs they don't see homosexuality as moral. Do you think that legalizing gay marriage hurts freedom of religion which is protected by the First Amendment? So what if it "hurt" there religion. I does't effect them an any harmful way what so ever.
4. What do you think the U.S. Supreme Court should do on gay marriage? They should make it legal across the nation. People need to open there eyes and stop being a homophobic.
1. What is your opinion - should same-sex marriage or gay marriage be legal and why?
I don't see a difference in a man and a women getting married verses same sex couples. The relationship between couples isn't going to be any different if same sex couples can get married. Like stated in the article the younger and up coming generations are more open and for the idea of same sex marriage so whether it's now or later, I believe it will get passed.
2. This case is going to the U.S. Supreme Court where they will have to examine the Equal Protection Clause of the U.S. Constitution which outlaws discrimination. Do you think that not allowing gays to marry is discrimination which is outlawed by the Equal Protection Clause?
I believe it is discrimination because I don't see my difference in race discrimination. You can't help what color your skin is, but you also can't help who you want to love.
3. Opponents of gay marriage say that legalizing it would violate (hurt) their right to freedom of their religion because in their religious beliefs they don't see homosexuality as moral. Do you think that legalizing gay marriage hurts freedom of religion which is protected by the First Amendment?
Those that have morals due to religion against same sex marriage are most likely not gay so why would it impact them in any way? In some religions you aren't suppost to have sex before marriage and those that choose not to follow that rule aren't hurting those that choose too. Nothing is being compromised with your freedom of religion. You can still believe what you want but that doesn't mean a marriage is going to harm that belief.
4. What do you think the U.S. Supreme Court should do on gay marriage?
I feel that gay marriage is something that will end up being passed whether the Supreme Court wants it or not. I say pass it now and stop putting off the inevitable.
Future Generations will look to the same sex marriage fight the same way our current generation looks upon the equal rights fight of the 50's-60's. Legally barricading same sex marriages is illogical and discriminatory. I completely believe that gay marriage should be legal. Not allowing homosexuals to marry because of sexual orientation is positively outlawed by the EPC. Freedom of religion in the first amendment guarantees the choosing and voluntary practice of a religion of any choice (one that does not endanger overall welfare of United states and/or its citizens), what the First Amendment does not allow is for the practitioners of a religion to force upon their beliefs/customs onto others who do not practice their faith. Those who are opposing gay marriage and using the first amendment as justification for their actions are the ones who are violating the amendment, because marriage can be considered a religious ritual and gays are allowed to choose what ever religion they want and practice what ever they want along with those who are not gay. The supreme court should grant universal access to marriage for homosexuals of any gender because its only a matter of time and honestly, who is gay marriage hurting? There is no rational or reasonable argument against gay marriage expect for cultural and social preferences which have been proven to be bigoted and biased in the past and should be viewed as such when it comes to equal rights.
1. What is your opinion - should same-sex marriage or gay marriage be legal and why?
I believe that gay marriage should be legalized because it's not hurting any one and isn't wrong in any way just in the eyes of very religious people who just ban on it of because of their religious views. Gays have the right of any other human being and should not be treated as a second class citizen because of their life style.
2. This case is going to the U.S. Supreme Court where they will have to examine the Equal Protection Clause of the U.S. Constitution which outlaws discrimination. Do you think that not allowing gays to marry is discrimination which is outlawed by the Equal Protection Clause?
Yes because this is the same as when african americans wanted to get married and much of the people banning gay marriage is just doing it because of their religion. Which isn't right because gays are citizens to and have the right to get married like any other American citizen.
3. Opponents of gay marriage say that legalizing it would violate (hurt) their right to freedom of their religion because in their religious beliefs they don't see homosexuality as moral. Do you think that legalizing gay marriage hurts freedom of religion which is protected by the First Amendment?
No because much of what happens in this country hurts a religious or racial group so we can't just pick and chose which is right or wrong in some way somebody is going to get hurt, but gays have the right to get married and should not be denied just because a few group of people are going to annoyed or hurt by it.
4. What do you think the U.S. Supreme Court should do on gay marriage?
They should legalize it and allow gays to marry one another.
1. What is your opinion - should same-sex marriage or gay marriage be legal and why?
I think that same-sex marriage should be legeal. I don't think it is fair to tell US citizens who to love or how to love. I feel that no one should be able to dictate how other people should live their lives. I feel that the topic has become far too religion based. People have stoped forming their own opinions and begun to form opinions solely based on their religion or their peers. The Bible tells us that there are many things that we shouldn't do, such as covet our neighbors belongings, but we all do that anyway. Even if you do believe that being gay is a sin, why are people so worried about telling people how they should live their lives?
2. This case is going to the U.S. Supreme Court where they will have to examine the Equal Protection Clause of the U.S. Constitution which outlaws discrimination. Do you think that not allowing gays to marry is discrimination which is outlawed by the Equal Protection Clause?
I do think it is descrimination, it is telling two people that they can't have the same rights as others because of their gender… I don't understand how that would be viewed as anything other than discrimination.
3. Opponents of gay marriage say that legalizing it would violate (hurt) their right to freedom of their religion because in their religious beliefs they don't see homosexuality as moral. Do you think that legalizing gay marriage hurts freedom of religion which is protected by the First Amendment?
I do not think homosexuality hurts freedom of religion, if people thought that every immoral act hurt their freedom of religion they would also ban discrimination - which is what they are doing to begin with. It is weird to me that people think their personal freedom is being hurt by the things other people are doing.
4. What do you think the U.S. Supreme Court should do on gay marriage?
They should legalize it, people would be happier, and much more fair. There is no reason not to legalize it in my opinion.
1. What is your opinion - should same-sex marriage or gay marriage be legal and why?
- Yes i do believe that it should be legal not because of religious beliefs but for the human rights laws proposed by eleanor roosevelt and because banning gay marriage violates the constitution that governs the United States.
2. This case is going to the U.S. Supreme Court where they will have to examine the Equal Protection Clause of the U.S. Constitution which outlaws discrimination. Do you think that not allowing gays to marry is discrimination which is outlawed by the Equal Protection Clause?
- Yes i do believe that it is discriminatory because it is the same thing as not allowing a particular group of people, weather it be for race or gender, to the rights granted to everyone else in the United States, which the U.S government defines as discrimination.
3. Opponents of gay marriage say that legalizing it would violate (hurt) their right to freedom of their religion because in their religious beliefs they don't see homosexuality as moral. Do you think that legalizing gay marriage hurts freedom of religion which is protected by the First Amendment?
- No i do not believe it violates the right to freedom of religion because as the constitution says the rights of one cannot overrule the right of another, all rights are as equal for one as they are for another. The equal rights clause has to remain equal no matter what, it is the responsibility of the government to keep the clause equal no matter the circumstance. If someone has a religion that doesn't allow gay marriage and another person has a religion that promotes gay marriage; the right of the first citizen cannot overrule the right of the second, its simply unconstitutional.
4. What do you think the U.S. Supreme Court should do on gay marriage?
- They shouldn't have to change anything in the constitution but instead just add another amendment that should have been in the bill of rights, "the right to marriage"
1. What is your opinion - should same-sex marriage or gay marriage be legal and why?
My opinion on gay marriage: I believe that it should be legalized. The reason why I think it should be legalized is that personally, who people marry has nothing to do with me. It effects me in no way what people do in their free time. People should love how they want to and who they want to. That is up to no one but themselves. I see it as whoever you decide to spend the rest of your life with should be able to see you in the hospital and you should be able to share benefits with you. It effects only the gay people who wished to be married.
2. This case is going to the U.S. Supreme Court where they will have to examine the Equal Protection Clause of the U.S. Constitution which outlaws discrimination. Do you think that not allowing gays to marry is discrimination which is outlawed by the Equal Protection Clause?
Yes, I do believe that it is discrimination. Everyone is equal right? Than why are we treating people differently just by who they love and want to spend their time with? To take something meaningful away, like marriage, because someone doesn't like the way they live is not up to anyone. No matter what people should be treated the same way, that's the way this country works. You can't take away things from black people because that's discriminating to race, but then why can we take away things from gays? I see them both as discriminating.
3. Opponents of gay marriage say that legalizing it would violate (hurt) their right to freedom of their religion because in their religious beliefs they don't see homosexuality as moral. Do you think that legalizing gay marriage hurts freedom of religion which is protected by the First Amendment?
NO. They can choose not to accept gay marriage. That's fine, totally up to them. But there are different religions around the world that may look at their religion as not moral as well. They can still practice their religion and they're totally free to do what they want. But just gay marriage is like other religions, you can choose not to practice it but you must respect it because what other people believe is not up to you. It's up to the person practicing such ways.
4. What do you think the U.S. Supreme Court should do on gay marriage?
Legalize it everywhere. If it is legalized, who is it really going to hurt? It's just going to help people accept different into our society. I'm pretty sure we've all been taught in school that everyone should be treated equally. Why is it different now?
3. i think that gay marriage is people rights no matter what anyone say but legalizing it would probably make people riot!
1. What is your opinion - should same-sex marriage or gay marriage be legal and why?
Yes it should be legal, I don't see how many current laws are not against discriminatory laws.
2. This case is going to the U.S. Supreme Court where they will have to examine the Equal Protection Clause of the U.S. Constitution which outlaws discrimination. Do you think that not allowing gays to marry is discrimination which is outlawed by the Equal Protection Clause?
While the Equal Protection Clause doesn't talk about gay people specifically i believe it does outlaw discrimination against gays. Whether or not a specific group was outlined in the clause shouldn't matter as it is the overall point of the clause to end discrimination for all people in the union.
3. Opponents of gay marriage say that legalizing it would violate (hurt) their right to freedom of their religion because in their religious beliefs they don't see homosexuality as moral. Do you think that legalizing gay marriage hurts freedom of religion which is protected by the First Amendment?
No. Those people are free to join a church that doesn't support gay marriage. Its safe to say that gay people find it against their religious beliefs that they are not allowed to get married. However if a gay couple is married it does not effect anyone outside of the marriage (minus any family they would then have) so no ones freedom of religion is being hurt accept gay and lesbians.
4. What do you think the U.S. Supreme Court should do on gay marriage?
I think they should say that it is against the Constitution to discriminate against a group of people and that everyone is granted religious freedom by the Constitution.
3. i think that gay marriage is people rights no matter what anyone say but legalizing it would probably make people riot!
1. What is your opinion - should same-sex marriage or gay marriage be legal and why?
I think that it should be legal because people should be able to do what they want and if they want to get married to someone of the same sex, they shouldn't be stopped from getting married.
2. This case is going to the U.S. Supreme Court where they will have to examine the Equal Protection Clause of the U.S. Constitution which outlaws discrimination. Do you think that not allowing gays to marry is discrimination which is outlawed by the Equal Protection Clause?
I think that it is considered discrimination because they are a group that is getting left out and being discriminated against for marriage.
3. Opponents of gay marriage say that legalizing it would violate (hurt) their right to freedom of their religion because in their religious beliefs they don't see homosexuality as moral. Do you think that legalizing gay marriage hurts freedom of religion which is protected by the First Amendment?
I don't see how that letting gay people get married would hurt someone else's freedom. If they don't like it then they should just ignore it because they will still be together anyways. I personally think that homosexuality is immoral but that doesn't mean that I think that they shouldn't be able to do what they want. The only peoples freedom that is being hurt with gay marriage being illegal is homosexuals.
4. What do you think the U.S. Supreme Court should do on gay marriage?
I think that they should bring the topic up in the court. They should have everyone vote to make it legal or at least start by having discussions about it.
4. I think they should not legalize gay marriage!
1. What is your opinion - should same-sex marriage or gay marriage be legal and why?
I think that gay marriage should be legal. I think that anyone should be able to marry anyone they want. As long as the person really loves them and treats them right then everything works out.
2. This case is going to the U.S. Supreme Court where they will have to examine the Equal Protection Clause of the U.S. Constitution which outlaws discrimination. Do you think that not allowing gays to marry is discrimination which is outlawed by the Equal Protection Clause?
I think it is discrimination because it's who they are. They can't really help it. If that's who they love, that's who they love. Nobody thinks twice about different race couples getting married so why should it matter if the same sex gets married?
3. Opponents of gay marriage say that legalizing it would violate (hurt) their right to freedom of their religion because in their religious beliefs they don't see homosexuality as moral. Do you think that legalizing gay marriage hurts freedom of religion which is protected by the First Amendment?
Most gay people are religious. The thing is what other people do shouldn't affect the way you are. There's always going to be people who disagree on things but making a big deal about something that doesn't even involve you is making more stress in your life for no reason. If it doesn't have anything to do with you, you should just stay out of it and let the other people be happy.
4. What do you think the U.S. Supreme Court should do on gay marriage?
I think that the Supreme Court should just pass that gay people can get married. Yeah, some people will be mad but that's how every single law they pass is. Someones always not going to be happy. There would be so many people that were happy and free to be themselves. Now they won't have to hide who they really are inside.
1. I don't think that same sex marriage should be legal because of the amount of bad aspects and influences that comes out of the homosexual love and marriage.
2. The equal protection clause does not coincide with the ability and right of marriage and what type of marriage there is between two people. The equal protection clause of the 14th amendment states that "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 this statement of fact within the amendment pertains to mainly the rights of the people within a certain action that they feel is law breaking. When it comes to marriage, however, no where in the constitution does it even address it so it cannot be said that the act of banning gay marriage or allowing gay marriage is unconstitutional. Also if you look at the history behind the amendment this amendment was put into place following the civil war and that this amendment was made so that slaves could have the freedoms they desire.
3. I do not think that legalizing it hurts the freedom of religion because the freedom of religion clause of the ammendment was there so that no people will be forced to follow a religion they don't believe in. So, because people have the freedom to follow what they want it cannot posibly be against the religion clause.
4. What I think the US Supreme Court should rule is that they have no ruling because the constitution has no say on the matter of marriage and so by that the US Supreme Court cannot rule on the matter either. SO the states should be able to do what they want.
1. I think that there should be a other form of union other than marriage for same-sex couples. I'm not against gay marriage but traditions and religions are, so i think it would be best for same-sex couples to create their own form of union.
2. I think it isn't discrimination because people believe that marriage is meant for a man and woman through their religion. Its not that religious people hate same-sex couples, they just don't want them to use the same union or marriage. Its non-traditional and goes against their religion.
3. If same-sex couple religions offend society then it not necessarily taking away their freedom. If society doesn't see it as a problem then yeah it would take away their freedom away.
4. I think they should make a different kind of union, not marriage, but something similar for same-sex couples.
1. What is your opinion - should same-sex marriage or gay marriage be legal and why?
I think that same-sex marriage should be legal because it is within their rights to live how they want and to be protected by the Constitution the same as everyone else.
2. This case is going to the U.S. Supreme Court where they will have to examine the Equal Protection Clause of the U.S. Constitution which outlaws discrimination. Do you think that not allowing gays to marry is discrimination which is outlawed by the Equal Protection Clause?
The Equal Protection Clause outlaws discrimination against groups of individuals. I believe that it is discrimination to make same-sex marriages illegal. I believe that if the outlawing of same-sex marriages is found legal, then the Equal Protection Clause will begin to lose its influence and rights will begin to become differently administered due to groupings of people.
3. Opponents of gay marriage say that legalizing it would violate (hurt) their right to freedom of their religion because in their religious beliefs they don't see homosexuality as moral. Do you think that legalizing gay marriage hurts freedom of religion which is protected by the First Amendment?
People have to right to freedom of their religion, but that does not mean that others rights should be taken away. I think that some people may think that legalizing same-sex marriages would hurt their religion, but in fact it would only be hurting their religion if they think that it is not moral and they enter into a same-sex marriage themselves. Otherwise they still have the right to practice their religion as they want, as long as it doesn't affect others' rights.
4. What do you think the U.S. Supreme Court should do on gay marriage?
I think that the U.S. Supreme Court should rule that laws outlawing same-sex marriages should be found unconstitutional because it is discrimination, and violates the Equal Protection Clause.
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