Gay, Lesbian and Bisexual Issues - Same-sex Marriage :: Argumentative Persuasive Essay Examples

Same- arouse Marriage The argument of same-sex nuptials is important, not only for the spiritual and legal precedent, but because the welfare of families, especially the following of children at present and in the future, may be profoundly affected by the proposals before Hawaiis courts and the invoke legislature relating to same-sex wedlock. Marriage is a unique practice, in that it is both a spectral sacrament and legal registration controlled by the state. For the time being, marriage is defined by 84% of the population as the union of two people of the opposite sex (Johnson p.49). Therefore, by definition, marriage has to be various sex. Whereas, the definition of homosexuality is exhibiting sexual desire toward another of the same sex (Websters New World Dictionary p.673). Throughout human history, according to religious tradition and as a matter of natural law, marriage has been buttoned to potential procreative sexuality, which is a monopoly held by different-sex cou ples. Under this definitional objection, the state cannot live something that is an impossibility (Eskridge p.87). In 1993, three same-sex couples (Ninia Baehr, Genora Dancel, Tammy Rodrigues, Antoinette Pregil, Pat Lagon and Joseph Melilio) applied for marriage licenses from the State of Hawaii. They were refused. They then challenged the states decision in court. This set in deed a chain of events the case was appealed to the Hawaii Supreme Court (Baehr v. Miike accomplishment 15689) which ruled on May 27, 1993 that the states refusal to grant marriage licenses was unconstitutional. It violated the Hawaiian Constitutions equal protection guarantees (Article I, Section 5) against gender discrimination. The court remanded the case to the roach Court, stating that licenses should be issued to same-sex couples, unless the state can show a compelling avocation in banning such marriages (Hawaiis Future Today). The Hawaiian Legislature passed a bill in 1994 stating that the states policy is that marriage must only be permitted between a man and a woman (Hawaiis Future Today). On December 3, 1996, Judge Kevin Chang issued a 46 page ruling. He has dictated that the State of Hawaii failed to show a compelling state interest to justify the continuation of the ban against same-sex marriages (Chang). Same sex marriages are now theoretically legal in Hawaii. However, the state refused to recognize the courts decision until it was officially filed. The attorney general obtained a stay of Judge Changs court order, unfinished a decision by the state Supreme Court.