Rainbows On The Horizon

Issue: The Supreme Court effectively allowed gay marriage in California with the decision (or lack thereof) of two laws/cases.

Argument: The laws banning gay marriage and the denial of health benefits from gay couples only seek to “disparage and injure” fellow gay citizens of the U.S.

Evidence:

• The laws banning gay marriage and health benefits for gay couples go against the promises of life and liberty in the Fifth Amendment.
• The case Windsor v. New York struck down the federal law denying a gay widow of her partner’s estate in 2009, effectively declaring it unconstitutional to give that right to straight couples but not to gay couples.

Claims: 

• These laws are motivated by a desire to harm gay couples by denying health benefits.
• The Supreme Court is not entitled to decide a state’s stance on marriage, effectively striking down Proposition 8.

There was something special in the air on June 26 as Justice Kennedy announced the majority strike down of the law preventing gay couples from sharing health benefits. In essence, the Court (5 out of 9 judges) declared that gay couples should be treated no differently than straight couples, pronouncing a message of equality that sent shockwaves throughout the U.S. The Court also refused to rule on a court case involving Proposition 8 in California, a refusal that implies and effectively declares the legality of gay marriage in California. These rulings imply that opponents to gay rights are opponents who have no moral standards or considerations for equality, an implication that received backlash from anti-gay marriage proponents. With California as the 13^th state to allow gay marriage, over 30% of the U.S. population now lives in a same-sex marriage zone, as opposed to 0% 2 years ago. The times are changing.

The Constitution has key pieces in it that directly relate to this issue: Amendments V and XIV. Amendment V, a key factor in the Supreme Court’s decision to strike down the law regarding health benefits, states that no person shall be “deprived of life, liberty or property without due process of the law.” Clearly, this law forbidding same-sex couples from enjoying the same health benefits as straight couples was interfering with the life and liberty of gay citizens. It is embarrassing and degrading to same-sex couples to be considered “less than” straight couples. The law interferes with life by adding stress and financial tension in times of sickness. How dare our nation deny rights to peaceful, law-abiding citizen. Gays make the world a better place. They deserve everything that any other person in America deserves.

Amendment XIV, originally intended for the civil rights of slaves, also declares that any citizen of the U.S. has the right to life, liberty, and property. This amendment is as relevant to blacks in the 1800s as it is to gays in the 2000s; if you are an American citizen, you have unalienable rights! The disallowment of gay marriage is infringing upon the rights to life and liberty! Marriage is the ultimate commitment and signifier of true love (hopefully), so the laws in place in 37 of the U.S. states banning this commitment from same-sex couples are stealing happiness from those gay and lesbian couples! The Supreme Court is starting a domino effect that will hopefully create one of the largest social revolutions the world has ever seen.