Recognition and Legalization of Same-sex Marriage

Introduction Equality is a prominent topic of debate. Although the gay and lesbian community has progressed, the fight for equality remains. Recognition and legalization of same-sex marriage still falls within the minority rule amongst the states, but will soon be the majority. California , Delaware , Connecticut , Hawaii , Illinois , Maine , Maryland , Massachusetts , Minnesota , New Hampshire , New Jersey , New Mexico , New York , Rhode Island , Vermont , Washington , Iowa , and Washington D.C. are marriage equality states. Colorado , Oregon , Nevada , and Wisconsin laws allow gay and lesbian couples to enter into a domestic partnership or civil union. I hope that other states, particularly states in the South, will follow suit in†¦show more content†¦In the second section, I will discuss the current state of the law in Louisiana regarding public policy, adoption, and custody. In the third section, I will address California’s enactment of laws and relevant case law protec ting gay and lesbian parental rights. In conclusion, I will suggest that Louisiana adopt laws similar to California’s that include protections for the growing number of gay and lesbian parents in the state. Constitutional Rights to Parent The United States Supreme Court has repeatedly established, â€Å"[p]arents have a constitutionally protected liberty interest in making decisions about the care, custody, and control of their children.† Troxel is a third party visitation case, stemming from a Washington statute, where the paternal grandparents filed for visitation of their granddaughters, after the suicide of their son. At the state level, the grandparents won visitation. The children’s mother appealed their decision on the ground that the state unconstitutionally infringed on her fundamental parental liberty interest. The United States Supreme Court found the application of the third party visitation statute in question to unconstitutionally infringe on the Due Process Clause of the Fourteenth Amendment. Reasoning that the Washington statute permitting any person to petition for visitation was overbroad, and the trial court failed to recognize the presumption that a fit parent acts in their child’sShow MoreRelatedLegalization Of Same Sex Marriage Essay963 Words   |  4 PagesKaye Shannelle Romuar Alfritz Arevalo Angelika Figueroa Legalization of Same-Sex Marriage I. Introduction Same-sex marriage can also be called gay marriage. This is a marriage between two males or two females, in either a religious setting or in a civil ceremony. Same-sex unions are recorded in the history of a number of cultures but this type of marriage is rare, or doesn’t exist in other cultures .The first law that provided same-sex marriage for the people was in 2001 in the Netherlands. As of JulyRead MoreThe Legal Issues Of Gay Marriage1626 Words   |  7 PagesGay marriage is marriage involving two persons of the same sex is a man and a man or a woman and a woman. It can be seen as a phrase that is used by the Government, social and religious groups to have the recognition of marriage between two persons of the same sex. There is a social movement, so that people can get their rights and responsibilities in countries like the United States of America. Legal issues involved in this type of marriage have been made to the procedures of the federal GovernmentRead MoreShould Sa me-Sex Marriage Be Legalized in Hong Kong?1095 Words   |  5 PagesShould same-sex marriage be legalized in Hong Kong? In recent years, more homosexual people have come out to disclose their sexual orientation. Gays and lesbians may even feel pride and have higher self-esteem instead of having shame. People in Hong Kong generally are more open-minded now. There is no legal recognition of same-sex marriage in Hong Kong. In many countries or regions, the legalization of same-sex marriage is already implemented. Therefore, some may say that same-sex marriage shouldRead MoreSame Sex Marriage Should Be Legal Essay1348 Words   |  6 PagesMarriage is a commitment between two people who love each other and have chosen to spend the rest of their lives together, this is a pretty standard view of marriage. How that commitment looks from culture to culture can be very different. In the United States, today, marriage is viewed as a commitment of love and loyalty. Legally it is a binding contract between two people giving them the benefits of marriage i.e. tax benefits and legal decision making benefits. T he big controversy facing theRead MoreSame Sex Marriage Should Be Legal1144 Words   |  5 PagesGay Marriage There are many issues the revolve around same-sex marriage. Many issues like: Whether same-sex should be legalized and should there be an amendment on same-sex marriage? There are multiple side to view this, but gay marriage but in my opinion gay marriage is socially accepted. it should be legal and it does affect American teens in a broad spectrum of ways. There have been a lot of issues on whether or not same-sex marriage should be legal or not. According to Burns, â€Å" The unionRead MoreLegalization Of Same Sex Marriage1912 Words   |  8 PagesAbstract The onslaught of homosexuality legalization movements and initiatives has presented the society with a barrage of questions – dilemmas, even – regarding its moral and political sides. Legalization of same-sex marriage is a highly divisive issue and often pits former friends, neighbors and even relatives against each other. Whereas some people believe that same-sex marriage is an unnatural and unhealthy phenomenon, activists exhorting its legalization hold fast to the opposite opinion. TheRead MoreThe Legalization Of Same Sex Marriage1411 Words   |  6 PagesNikta Kalatari Writing Assignment #1 The proposead legalization of same-sex marriage is one of the most significant issues in contemporary American family law. Presently, it is one of the most vigorously advocated reforms discussed in law reviews, one of the most explosive political questions facing lawmakers, and one of the most provocative issues emerging before American courts. If same-sex marriage is legalized, it could be one of the most revolutionary policy decisions in the history of AmericanRead MoreThe Changed Definition Of Marriage1592 Words   |  7 PagesThe Recently Changed Definition of Marriage On June 26th, 2015, the United States Supreme Court voted to legalize same-sex marriage nationwide and in doing so, rattled the belief system of many Christians around the country. Many took to social media and with the terror and panic of Chicken Little cried, â€Å"The sky is falling†, while others lashed out in hateful speech towards the lawmakers and the homosexual community that celebrated their newly given liberty. As Christians begin to look towardRead MoreShould Same Sex Marriage Be Legalized?1677 Words   |  7 PagesViews on Gay Marriage Same sex marriage is currently only being allowed in some states but is still looked down upon and banned in other states. Legalization in all states still causes quite a bit of controversy and debate. Would be easier to just legalize it in all states and make everything equal? Or would people’s opinions and religious views continue to stand in the way? Currently same sex marriage is only legal in thirty two states. â€Å"Those states are Alaska, Arizona, California, Colorado,Read MoreGay And Gay Rights Movement853 Words   |  4 Pagesof 1968, gay and lesbian rights movements started booming in the 1970’s (Smith 328). At first, the purpose of the movements was to gain support from the public on their cause of equal rights for LGBT people. However, the main goal was for the â€Å"legalization of homosexual behavior; an end to state regulation and repression of lesbian and gay life; and the passage and enforcement of antidiscrimination measures, most importantly in the area of employment† (Smith 334). To do this, the gay rights movements