The Issue of Same Sex Marriage (Essay Sample)

Same Sex Marriage
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Same Sex Marriage
The issue of same sex marriage has remained a polarizing subject throughout the world including the more developed nations. Indeed, in the United States the subject of same sex marriage has elicited seemingly endless debate even as pro-same sex marriage side in the debate attempt to point to constitutional clauses with regard to equal rights. More often than not, same sex marriage is viewed as agreeing with or contravening constitution or laws governing a jurisdiction. Yet, same sex marriage is entrenched in the constitution and couples in such marriages should have equal rights to mirror principles of dignity, which modern societies are founded.
Firstly, same sex marriage is a constitutional issue and recent developments have demonstrated the increased need to extend constitutional marriage rights to gay, lesbian, bisexual, as well as transgendered citizens (LGBT). Indeed, where a majority once believed in and accepted the idea that marriage was only for heterosexual couples, the tide has increasingly shifted from the traditional view to include LGBT members. The constitutionality of same sex marriage is mirrored in United States’ recent declaration of the Equal Protection Clause –Fourth Amendment- as the guiding principle under which the extension of marriage rights to LGBT members fall. According to Farmer (2015), the Fourth Amendment speculates that states do not deny a citizen the equal protection of laws. It follows that all individuals similarly situated should be treated the same and an extension of marriage rights to same sex couples is well within constitution.
Secondly, same sex marriage emerges as a matter of civil right simply because it is founded on political as well as social issues of freedom and equality. A civil right is viewed as one that appertains to an individual through virtue of her or his citizenship in a country and it includes persons rights guaranteed as well as safeguarded through the constitution (Alarid, Cromwell, & del Carmen, 2008, p. 338). The implication is that same sex marriage is an issue facing modern societies of the world and the judicial system should seek to protect same sex couples, as they have chosen to exercise freedom and equality enshrined in the constitution. According to Liptak (2015), a judge in recent same sex marriage case in the United States said, “no longer may this liberty be denied” with reference to historic decision legalizing same sex marriages across the country. In line with other civil rights making up the constitution, same sex marriage must not be denied.
Thirdly, same sex marriage is founded on the vital need to uphold all humans with unrivaled dignity. All too often sentiments against same sex unions have pointed out that it was intended –at least from a religious viewpoint- to be heterosexual. The outcome has been unfavorable and sometimes inhumane sentiments against those in same sex marriages (Knox & Schacht, 2015, p 200). Nevertheless, modern societies are deeply rooted in the need for equality as well as dignity and it is the duty of all humans to ensure they treat fellow humans with dignity irrespective of socio-political affiliations. According to Tribe (2015, p. 20), all per