Homework Question on Should Same Sex Couples Receive State Constitution Protection
- Read the contents of the issue you have selected.
- Summarize the argument in support of the proposed question – the “yes” argument
- Summarize the argument in opposition to the proposed question – the “no” argument
- Provide your own argument supported by your own logic/reasoning as well as those presented in the issue argument. (I agree that same sex marriage should have the same protections as Man/Women marriage.
- Should Same Sex Couples Receive State Constitution Protection?
Homework Answer on Should Same Sex Couples Receive State Constitution Protection
A summary of the yes argument
The proponents for the state constitutional protection for the gay marriages who are the majority base their case on what the constitution says regarding fundamental rights. They claim that the constitution affirms the dignity as well as equality of all individuals. As a result, denying same sex couples constitutional protection would be a violation of the constitution. The argument is that barring members of the gay marriages benefits, obligation and protection of civil marriages simply because they are same sex partners would be incompatible with some constitutional principles (Marshall and Cordy 291).
For this reason, same sex couples should receive state constitutional protection as traditionally recognized marriages do. Otherwise, the constitution would be violated, and it would not be advisable to do so.
A summary of the no argument
The argument in opposition of affording same sex couples constitutional protection bases its case on the fact that denying these people constitutional protection does not impair their fundamental right.The minorities who are the opponents in this case feel that marriage statute that has its roots in the pre-colonial period has always regarded marriage as a union between a man and a woman. Accordingly, inasmuch as same sex couples claim that they have fundamental rights of choosing their marriage partners, their fundamental rights are not violated as they claim when they are denied state constitutional protection.