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Legalization of Same-sex Marriage

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The diversity of race, cultures, religions, politic beliefs and gender-identity will always be a controversy in the United States. A huge social issue that has divided the country is the legalization of same-sex marriage. On January 26, 2015, it was legalized around all the united states by the federal government, but the question is should it be the federal government or the state government decision to permit it? Same-sex marriage should be determined by the state government because is an issue that pertains to the states, it involves the separation of church and state and it imposes its acceptance on all society.

The U.S. constitution states on the 10th amendment from the bill of rights that any power not granted by the federal government belong to the states including marriage laws. The federal government took power away from the states in 2015 when same-sex marriage became legal in our nation. The reason why the federal government passed this law was that the states were “violating” the equal protection clause. The equal protection clause declares that people should not be denied any protection from the states. Even though the LGBT community wasn’t being denied any protection as U.S. citizens, the law affirmed that the states were acting unconstitutionally. While the supreme court affirmed the states were violating a serious law, the federal government trespass a right established on the U.S. constitution that belongs to the states.

Therefore, in the United States exist the separation of power such as federalism which divides the powers between the federal government and state government. Every city, state, and nation have their own power to avoid the excess of it. Its main objective is to prevent any branch of government from exceeding the power and creating a tyranny. The states existed first individually, and they have their own power to make decisions on topics such as marriage. Every state has their own laws about marriage so why not allowing each state to decide if they approve same-sex marriage or not?

The separation of church and state causes disagreement between religions and politics. According to an article published on All about history.org, separation of church and state is “the metaphorical meaning of the church staying out of the state’s business and the state staying out of the church’s business.” The precise meaning of this phrase was protecting the church from being affected by the government as Thomas Jefferson declare on his letter to the Danbury Baptists.

The church can be affected by the laws the government establishes because the government doesn’t involve the religious criteria. For example, in the case of same-sex marriage the government approved a law that allows two people from the same sex to obtain a marriage license. Even though the LGBT community has been more liberal, and some people fight for their rights, there are other people who believe in the authority of God who would discard political support for them. Many people don’t support this law because it goes beyond their religious beliefs. Their perspectives are based on the Word of God and the creation of men. According to the bible, it is a fact that God created MEN and WOMEN (Adan and Eva). The LGBT community sees this fact as an offense to them since they describe that love is not based on gender. Reality is that our strongest proof is the gospel which it is proved by Faith, while people base their lives on what society is used to do.

Also, putting religion away from the states affects future generations such as children being unnaturally procreated. The main purpose of marriage is family, which it has been scientifically altered. For example, when two people from the same sex decide to create a family, there is no way they can have children from both of their genes without the help of science. This violates the natural law of procreation and it may harm children at some point because they are not being naturally procreated.

The lack of religious participation in the government modifies their decisions because they just act based on what society thinks is the right thing. The primary intention of “separation of church and state” was to prevent the church from being modified. Being a federal law makes it mandatory to all states and for many believers of God, it is against his law to support the scientific procreation and a homosexual relationship.

The fact that same-sex marriage is a federal law established by the Supreme Court imposes its acceptance on all society. Constantly, we see situations where people are in a difficult position for not having a standing on the subject or for demonstrating lack of support.

On 2015, Kim Davis, a judge from Kentucky was detained for 5 days for defending her Christianity. The judge chose not to sign a same-sex marriage license because she exclaimed, she was acting according to God’s authority. Three years later the clerk lost the reelection for her prior position. “Under Gods authority” was the name of the book she wrote after her experience in prison, where she reveals how she was criticized, confronted by furious crowds, and attacked by email. Society expects us to agree with laws that we are not forced to follow. It is up to each human being deciding if we want to support a law, a group, or any other thing politically related. Discrimination towards gender identity does exist and it is logic that affects the emotions of the members of the LGBT community. But what I consider an injustice it is how society automatically defines you as homophobic if you don’t support the LGBT community or simply you don’t care at all.

Another relevant situation was the case of Joanna and Breanna. The city of Phoenix established a law in 2013 that prevents people from being discriminated based on race, color, religion, sex, marital status, national origin, sexual orientation, gender identity or expression or disability in any public business. The two Christian artists from Arizona affirmed that it is out of their plans to promote the LGBT community through their artwork. Even though they haven’t received any proposals to represent same-sex marriage through their artwork, the city of Phoenix could arrest them for “violating the law and denying” a service to certain people. The federal government in charge of the same-sex marriage law affects people’s lives if they have opposite views on the subject. It is a federal law so if someone doesn’t support is considered homophobic or affects their workplace. If it would have been each state decision, the law would have fewer consequences.

The religious or civil ceremony between two individuals from the same sex should be decided by each state according to the 10 amendment. The impact that this social issue provokes includes the violation of God’s law, the separation of power, and forcing society to support it. The legalization of same-sex marriage throughout the united states by the federal government creates incertitude by the habitants of this mentioned country. The violation of nature and the superiority of the federal government are causing divisions.

Cite this paper

Legalization of Same-sex Marriage. (2020, Sep 22). Retrieved from https://samploon.com/legalization-of-same-sex-marriage/

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