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The Fundamental Right Of Marriage

 

org). To the naked eye, one would assume that the US government supports the marital union of any and every couple in our country. Unfortunately, one would be quite wrong in this assumption.
             In 1996, Congress passed a law entitled the "Defense of Marriage Act (DOMA)." It defines marriage as "a legal union between one man and one woman as husband and wife." (thomas.loc.gov). It goes on to say that "it provides that no State shall be required to give effect to a law of any other State with respect to a same-sex marriage" (lectlaw.com). This statement seems to contradict the Constitution's Full Faith and Credit Clause, which states that "Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State" (findlaw.com). Does this mean that if a same sex couple were married in one state, they are suddenly not married if they were to move to a neighboring state?.
             I believe this is considered discrimination, based on the notion that the US government is making same sex couples second-class citizens; denying them their fundamental right to marriage, federal protection, and the benefits a heterosexual couple would receive if legally married. Just a few of these benefits are social security, federal pensions, bereavement leave, medical decisions on behalf of the partner, and tax breaks (about.com).
             DOMA clearly states that marriage is a fundamental right, but it contradicts itself by adding categories of people to which this "fundamental right" does not refer to (e.g. same sex couples). What ever happened to "inalienable rights" or "Life, Liberty, and the Pursuit of Happiness?" I am sure that the men who wrote the US Constitution established these rights for all American citizens, and not limited to certain people based on sexual preference.
             Another question to be raised about the topic of same sex marriage: Why are people so threatened by the idea of two people of the same sex wanting to spend the rest of their lives together? The divorce rate in our country is getting higher and higher each year.


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