Why Banning Same-sex Marriage is Unconstitutional By Michi Metas

Essay by gothicpieHigh School, 11th gradeA+, February 2005

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The United States was created based on such principles as freedom of speech, non-oppressive government, and the statement "all men are created equal". It has taken years and years to build a country that guarantees each person equality, but it seems that now the government has taken a step back to break that promise. A person's sexuality should not decide who they are to marry, and the same goes for their race, income, religion, or heritage. Only until after the Civil War, could African Americans marry in all parts of the United States. In 1967, the Supreme Court decided that mixed race couples could marry anywhere in the United States. Banning same sex marriage is unconstitutional because of what is stated in the 14th amendment, the first amendment, and the three unalienable rights of American citizens.

The first amendment of the constitution states this (as many know through common knowledge):

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Not every person in the United States thinks homosexuality is wrong. The definition of marriage, for many, is based on their religion and religious texts. What people don't realize is that homosexuality is a sin only to their religion (and even then it is questionable), yet not ethnically speaking. There are Presbyterians, Jews, Buddhist, and others that gladly married homosexual couples. How obvious is it that banning homosexual marriage is pressing one's religion onto the whole country, which, as stated before, is unconstitutional?

The fourteenth amendment was added to the constitution shortly after the Civil War, in 1868. It was passed in order to...