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Political Discussions on Same-Sex Marriages - Essay Example

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The paper "Political Discussions on Same-Sex Marriages" highlights that in Massachusetts, gays and lesbians also have the right to adoption and parenting, and all individuals who complete sex reassignment are provided with the opportunity to amend their birth certificates. …
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Political Discussions on Same-Sex Marriages
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The Hawaii Supreme Court ruled that same-sex partners should have access to marriage licenses but for a compelling state interest. This decision influenced political discussions on same-sex marriages in the United States. Since then, discussions on same-sex marriages have yielded positive outcomes in the United States with several states legalizing same-sex marriage. The state of Massachusetts is among the states that allow same-sex marriage.      Same-Sex Marriage in Massachusetts   This led to the recognition of same-sex relationships and the provision of benefits (including health and insurance benefits) to individuals in same-sex marriages. Nonetheless, this move led to a huge uproar, especially among the Christians and clergymen who felt that a special interest group could not get equal treatment and the recognition accorded to a family unit. They termed same-sex partners as friends who decide to share the same house and other different responsibilities.  Since then, there have been unsuccessful attempts to pass legislation that would provide guidelines on same-sex relationships. All along, the supporters of same-sex relationships have been fighting not for the recognition of same-sex relationships but for the accordance of equal benefits and fairness to the individuals belonging to same-sex relationships. The quest to recognize and legalize same-sex relationships received a further blow in the 1990s when Mitt Romney (who was vying to represent Massachusetts in the Senate) termed same-sex relationships as inappropriate and untimely.      At last, same-sex relationships and marriage became legal in Massachusetts in the year 2004 following the ruling of the Massachusetts Supreme Judicial Court in the case “Goodridge v. Department of Public Health”. This court claimed that under the constitution of Massachusetts, it was illegal and highly unconstitutional to deny individuals in a same-sex relationship the benefits of marriage. This opened the gates for Massachusetts to join other jurisdictions that have legalized same-sex marriages including Belgium and Quebec, Canada. In the United States of America, the state of Massachusetts was the first state to recognize and legalize same-sex marriages.   The case “Goodridge v. Department of Public Health” provided Massachusetts with the basis for legalizing same-sex marriages. The court claimed that it could not deny two individuals who are together because of a mutual agreement the benefits, obligations, and protections of a civil marriage. The court further noted that the constitution of Massachusetts does not tolerate the establishment of second-class Massachusetts citizens at any cost. Instead, it argued that the constitution represents the rights as well as the dignity of all people in Massachusetts. Following this decision, the court gave the state legislature 180 days to take any appropriate action in line with its ruling. In the ruling, the majority opinion claimed that the court’s obligation was to provide an appropriate definition of liberty as opposed to imposing its moral code. This opinion rubbished the perspective of the opponents of same-sex marriage who claimed that the legalization of same-sex marriage could not be a determination of four individuals.    The majority opinion also had it that as opposed to the federal constitution, the constitution of Massachusetts protects personal liberty against any interference from the state or the national government. This is in line with the argument of LaFleur and Cristin (9) that if same-sex marriage is legal under the state law it should be legalized by the federal law. Today, gays and lesbians are recognized and treated with equality in the state of Massachusetts. As a fact, Massachusetts permits private sexual behaviors between individuals of the same sex as long as they are consenting adults.    In 2011, Massachusetts governor, Deval Patrick, banned the discrimination of transgendered employees in Massachusetts by the state or its contractors. This ban is a reinforcement of the existing legislation that prohibits public and private discrimination of gays and lesbians in Massachusetts when issuing tenders, recruitment processes, entertainment, hospitality, and so forth. This legislation has promoted the prosecution of gay and lesbian opponents in Massachusetts. For instance, in 2012, Robert McManus (a Roman Catholic Bishop) and other diocesan negotiators were sued by a gay couple for refusing to sell them a property owned by the diocese. The church is against gay and lesbian unions in line with the teachings of the bible; this made the bishop and the negotiators deny the gay couple the right to purchase the said property. Read More
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