Friday, October 5, 2012

PS101 Lesson 7


April Rogers

September 30, 2012

PS101OL Graded Assignment

According to poll findings of “The Pew Research Center for The People & The Press: Trends in Political Values and Core Attitudes:  1987-2007”, there is a slow but steady decline of support for traditional conservative social values in areas such as homosexuality.  Republicans remain significantly more conservative than Democrats but are becoming less conservative.  The main reason for the poll results stems from generational change as those coming into adulthood have less conservative view than their predecessors or the large segment of society known as The Boomers.  This Pew survey indicates an increasing acceptance of homosexuality and the percentage of those endorsing “old fashioned values of family and marriage” have declined.  The majority of Americans continue to oppose gay marriage. 

In my opinion, the Defense of Marriage Act is unconstitutional and the courts should act in judicial restraint on the subject.  Specific to the case of Lawrence –v- Texas, creating a crime of two consenting adults engaging in intimate sexual acts violates due process and is unwarranted governmental intrusion.  The 1996 Defense of Marriage act was signed by then President Bill Clinton which defines marriage as between a man and a woman.  In recent years, the question of discrimination and constitutionality has come into play as it is considered that the federal law intrudes on states’ regulation of domestic relations (abcnews.com, 2012). 

            If I was a Supreme Court justice and this case was brought before me, I’d rule that the federal government has no constitutional right to dictate the legal recognition of marriage.  Under the Equal Protection Clause of the Fourteenth Amendment, each state is required to provide equal protection under the law to all people within its’ jurisdiction, upheld by the Supreme Court in Brown –v- Board of Education (1954).  The Supreme Court held in that case   that laws arbitrarily requiring sex discrimination violated the Equal Protection Clause. 

            We all know that there is a separation of church and state.  We all realize that marriage is a covenant or agreement entered into before God, usually within a place of worship officiated by a man or woman of the ministry.  Any person who is or has been married is also aware that individuals wishing to be married must obtain a marriage license within the state that one wishes to be married in.  That should be the extent of governmental interference in personal relationships.  It is unconstitutional to disallow individuals to enter into a marriage willingly based upon sexual orientation because marriage has its roots in religion.  It should be up to members of the clergy as to the basis of their faith whether or not to officiate a wedding of two people of the same sex and not determined by the federal government.

            According to the website, freedomtomarry.org, six states now have the right to perform same-sex marriages including Connecticut, Iowa, Massachusetts, New Hampshire, New York and the District of Columbia/Washington DC.  Maryland, New Jersey and Washington State have passed freedom to marry bills which have not taken effect.  Maryland, New Mexico and Rhode Island respect out-of-state marriages of same-sex couples.  Delaware, Hawaii, Illinois, New Jersey and Rhode Island allow civil unions.  California, Nevada, Oregon and Washington State offer broad terms of domestic partnership.  Because of the great strides states have made to protect their citizens under the Equal Protection Clause of the Fourteenth Amendment, it is doubtful that legislation will backtrack and it is entirely plausible that the Supreme Court will uphold states’ rights of citizen protection.

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