Tuesday, January 12, 2010

Gay Marriage

Does a state have a right to exclude a group of individuals from state functions based on race, gender, religion, nationality, or seuxal orentation?

Article here

14th Amendment - All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

22 comments:

Andre P said...

I think that the state has the right to enforce laws based on public opposition toward it. if majority of the people want it then it goes. just like the vote for president majority wins. According to the amendment it is illegal to abridge the privileges of people just because they are different. if this case goes to the supreme court i think that gay marriage will be allowed.

Philip M. said...

I don’t think that a state has the right to exclude a group of individuals based on race, gender, religion, nationality, or sexual orientation. Each group of individuals has rights, and under the 14th Amendment, the state does not have any right to abridge the privileges or immunities of citizens. The article described how gay marriage is being limited in states, and technically that is limiting gay people’s privilege to marriage. Similar to race and the conflict during the 60s of African American Civil Rights, limiting the rights of gay marriages but giving full rights to straight marriages will create tensions and eventually a “revolution”. By limiting the privilege to gay marriage, the state governments are going directly against the Constitution.

Kendra D said...

According to the 14th amendment the state does not have the right to exclude a group of individuals from state functions based on race, gender, religion, nationality or sexual orentation. But this right is being violated when it comes to the topic of Gay marriage. I think that Gays and lesbians are secretly labeled diseased to many. There are many parents who don't approve of their children learning about same sex relations. I personally think that they are closed minded, that this is the land of "freedom, expression and speech." Children should be taught about all different ways of living then make their own judgement on it. Not only does this contradict the amendment it also stop innocent people from "true happiness".

adetayo o. said...

Gay marriage is a tough topic to touch on for some people because there's two ideas about it.The one that society has publicized and the one that their religious background has set, if they have one. According to the 14th Amendment no person should be limit any life, liberty, or property, without due process of law. The without due process of the law is certainly an important part in relation to the situation in California. The vote for Proposition 8 could be considered due process of the law in a way I believe. However as a Christian of course I think gay marriage is not the right match of people, but God knew we were not going to be perfect after Adam and Eve. And he continues to accept us as we are and I feel that any Christian, Jew, Muslim, Catholic, or whatsoever your religious background maybe. That it is wrong for them to hate gay marriage because God said we must love one another. Therefore hating gay marriage makes you just as wrong as the people you think are wrong for being gay and getting married, and getting back to a state rights. California absolutely doesn't have the right to exclude homosexual individuals from normal state functions such as getting married. As a result of Proposition 8 they could try and use a vote of the people against anything; a persons race, religion, gender, hair color, eye color anything that could possibly classify a person. In conclusion I just think that religious people are afraid that being gay may began to be considered normal and there fellow believers maybe gay. But if there fellow believers or family were to be gay and want to get marriage or want to come out the closet if you may say then that should be celebrated instead of mourned upon because that's what God would wanted.

victoria.o said...

No state shouldn't have right to exclude a group of individual from state functions based on race, gender, religion, nationality or sexual orientation I say this because when the earth was made by who ever you believe in didn't say I want one way and one way only put on this earth the person wants individuality your own way of life who ever you feel being with and makes you happy and don't make a big deal of what ever you decided to make someone go crazy than your good live your life happy ever after. life should not be base on what you are or who you look like or who's your lover because similarly its thats person business and that person he wants to share with business . I don't know if i'm making sense but my answer is no.

Elizabeth P said...

In the past we had discrimination against race, gender, religion, etc. We created laws stating discrimination in those catagories are not allowed. Now the law made us all equal without being discriminated against with certain privilages. I thought the law protects use from discrimination??!! Gays can do what they want but can't get married? Thats discrimination. Gays are just like everyone else expect that their personal relationship is with the same sex. I feel that soon in time gays will get the chance to marry as if it was a law all this time. I don't understand why people feel that their opinion matters more than a gay person about their sexuality. Can't we just leave them alone and have them do their own thing. We got more important things to worry about. I think the states should allow gay marriage becuase to me people just want something to discriminate against/ hate against to fight for something. The same thing happened to women, blacks etc. Eventually we will give in and they will have their way. We have no right to exculude them from certain privilages.

Alvarez S. said...

If it was for news,articles and the media to advertise "GAYS" then us straight people that are feelig some type of way towards gay marriages wont have anything to say about it because we wouldn't know. Just do to the fact that it is advertised it considered as something wrong. Who are we to tell 2 people that love one another to share their effection to another level that a man and woman can do.

Shantel.Watson :) said...

I don't think the state has the right to exclude a group from state functions because of the 14th amendment. You would never know a person's sexual preferace by looking at them. Just because they're not following the norm of marrage. People came to America because they were able to speak freely and worship who ever their heart desired, so if the state revokes their right to partake in state functions it defeats the purpose of them coming here in the first place. I think if the state excluded certain races , religions, etc. from functions it would start a whole new problem because in a way that discrimination. The 14th amendment clearly states you can not pass a law that will abridge the priviliges of citizens of the united states.

JaSmInE P said...

I dont think that the state has the right to exclude a group of individuals from anything. Gay marriage personally for me is a sticky situation to talk about because growing up that isnt how I was raised but someone gay may have been raised in saying that it is ok. So no it isnt fair for them not to get married. That would be the same thing for me if the state said that blacks cant get married.

Samaroo,A said...

No government has the right to exclude a specific group of people. That includes people of different religions, ethnicities or sexual orientation. It is only right that everyone has the same rights as any other person, esspecially considering we live in the United states

Hogan,I said...

A state has no right to exclude a group of individuals from state funtions based on a race, gender, religion, nationality or seuxal orentation according to the 14th amendment but like Adetoya stated Gay Marriage is a tough topic to talk about especially with all the different reasons to agree or disagree with the idea,dealing with personal backgrounds. America is the place for a person's freedom of speech so that is probably why people plan to live this great life here but not knowing government has this way around laws and amendments.

Neal,B said...

No I believe states should no have to right to stop gay marriage. Because if they can say no to a certain type of people then they can so no to everyone the person in power feels in a threat. I also say gays should get marriage them marrying is not stopping our way of life it’s not digging us deeper in a recession, and it won’t cause the world to explode. Even if the population says they don’t wont gay marriage it shouldn’t matter but it will still interfere with the 14th amendment and plus if the state was filled of KKK members and they say African Americans cant vote then we would have to enforce that to and if that would happen the united states would lose what made it great in the first place freedom.

Ashley A said...

I don’t think that a state has the right to exclude a group of individuals based on race, gender, religion, nationality, or sexual orientation. If we don’t follow the 14th amendment in this case what’s to stop us from tying to ban someone else from doing something. Like Shantel said America is place for freedom and restricting someone’s rights based on sexual orientation limits those freedoms. Marriage is something that many heterosexuals couples take for granted. You can be married to someone you met two hours ago by a man dressed like Elvis in Las Vegas and then later annul the marriage like it never happened. Gay marriage will not affect the lives of straight couples or destroy the “traditional family.” It is time we moved passed our prejudices and began applying what the constitution says to this day and age.

Shah M. said...

Like Kendra said, "According to the 14th amendment the state does NOT have the right to exclude a group of individuals from state functions based on race, gender, religion, nationality or sexual orientation."

But there are still many conflicts according to this issue because it contradicts with many peoples religion views, and many people feel uncomfortable around "gays", i personally think this is ridiculous and that it shouldn't matter, how can you stop someone from being HAPPY, how do you "stop" an attraction toward somebody. I think that they should allow gay marriage.

nbeckford! said...

Does a state have a right to exclude a group of individuals from state functions based on race, gender, religion, nationality, or seuxal orentation

The state does not have a right to exclude groups of individuals based on race, gender, sexual orientation, etc. The Fourteenth Amendment clearly states that ALL persons born in the United States are citizens. No one can deny their rights or deprive their life, liberty, or property. So anyone who opposes or creating laws that specifically target minorities, gays, etc are defying that Amendment.
We can't keep making leeways that take away from rules the Constitution institutes. Whether or not the people vote for it, propositions and all the other nonsense "laws" shouldn't be allowed if it's violating the Constitution!

geneva b said...

I don't think the state has the right to exclude a group of people based on our race, gender, religion or nationality. they wasn't born to be gay but as they grow up and think that girl can be with girl and get marry and a boy wantz to be with a boy and wants to get marry. then why jugde them by there race,gender,religion, and there nationality. being gay is a sin. but the state does not have the right to enfore the law of a gay marriage.

A.Tejada said...

Personally, I don't agree with the state excluding "gays" to get married. If it were to be that way then heck blacks and white shouldn't get married. It's so much discrimination toward a group of people who just wanted to be happy and aren't leading any harm to one another. According to the amendment people don't get their privileges taken away just because they are different. The state is going against the constitution and this might lead to a big deal sooner or later.

Tiffany Hairston said...

NO!

It's stated plain & simple in the 14th ammendment. There is NO explaining, NO way to justify excluding any group of people because the way it is written includes ALL PEOPLE, & ANY PERSON, there aren't any sexual orientations, races, or walks of life, being specified or pointed out so NO they can NOT ban such a thing as gay marriage or relationships, & if they do, & I were gay I would sue the court, the judge, the lawyers, the jury, and anyone else who ruled this banning as fair, and law obinding.

C. Reyes said...

I believe that State’s have no right to exclude any group of people. Honestly I think it is ridiculous that this is even a conversation in this day and age. After slavery and everything that America has been through regarding race it shouldn’t even be an issue, at least not with the majority of people. I understand that everyone has their own opinions and obviously not everyone is going to agree, however people especially in America should realize that there is no way to fight diversity. This world is diverse that’s the way it is; there’s no way to change it. Gender, nationality, and religion issues have been fought for and I believe has mostly been won. The issue with sexual orientation is one that people are fighting for today. The 14th amendment is being violated here. People are not allowed to get married to the one they love because they are of the same sex. America is the “land of the free”. So I think that people should be free to love and marry who they choose.

Ana J. said...

The state does not have the right to prohibit a group of people based on thier religion; sexual orientation; race; nationality or gender. Every person has rights and to limit them is not fair. Letting gay people not get married just because other people think it's sinful and such, is just stupid. Allowing gay people to marry won't affect us at all. And what the heck was with the statement, "Protect Your Children"?! Gays or lesbians are not on the prowl to change or brainwash other people. As I said in class before, my mom does not enjoy the fact that she has a lesbian daughter and a gay nephew. She thinks my cousin got pulled into that atmosphere and that it's a phase. That is not the reason why. He chose to be gay. No one obligated him to become gay. There are many people that think the same way as my mom and it's sad. Plus, I know that my mom doesn't want me in GSA at all. It's very sad knowing that you don't that full support from your close ones, especially a mom. But what I don't understand is why does half of the nation have that mindset on the gay community? Gay, lesbian, queer, transgender and so on are all humans just like us. It's not a disease that you can cure so easily, you just can't.

M.Karim said...

i believe that the state cannot enforce a law against a group of people. but this being said, i believe the group will be more hated in the communtiy. the people who see that it is wrong because of there backround view on things, will be against it and will be mad that that certain group gets that right, so either way i think something will go wrong.

Anonymous said...

The State have no right to ostracize any group of people because being gay, straight , bisexual is not effecting no one . When it comes down about being gay it brings the bible and religion . how's being gay is a bad thing?. Why be someone your not. They should allow marriage. Why do the state care about your personal life. How can we make the world a better place when we judge on another , there is no unit.