Gay Marriage and Federalism

In contemporary world, the person has to comprehend the notion of federalism as an instrument, created in order to maintain safety for the U. S. government, so that its people are best represented and their best interests are preserved. Moreover, since the Constitution is aimed at granting of powers for the state governments as well as the national government, in order to make everybody experience certain benefits for attempts to stabilize nation and avoid putting people under the scrutiny of one particular authority. As a matter of fact, the burning issue still remains unsolved, which deals with considerations whether or not gays should be allowed to get married and be treated like a married couple when arisen.

Considering the fact that the Constitution was formulated to maintain the rights of all the citizens of the USA, the Founders comprehended that the nation was in the process of establishment and would tend to change further. Along with the transformations over the past 300 years, a range of things that were considered as correct and moral ones now were changed and considered to be illegal, like slavery. Due to the fact that the slavery existed up to the 1800s, currently, the gay marriage problem is still put on debate. Moreover, it is required to understand that the differences between such notions as slavery and gay marriage are very important and significant though. In case if the person wanted to have slaves, but it was illegal at those areas due to the civil rights and the 13th Amendment, the person could move to a different state, where it was not prohibited by law. On the contrary, along with the gay marriage the one could move to a state that recognizes same-sex marriage, but no matter where you live, the federal government of the USA does not support and recognize it as acceptable.

According to Stein (2004), the Article Five of the Constitution gives two way-outs, by which the specific amendment could be added. The first one requires the Senate and the House of Representatives to vote by two-thirds on an amendment to be added. The next case admits the requirement to have an amendment approved by three-fourth of the state legislatures. However, the second method has never been implemented, as long as it requires that two-thirds of the states call for a special convention in order to make this change.

Due to the work of Nelson (1988), the USA is aimed at protection and support of the civil rights of all citizens of the country. As a matter of fact, marriage could be considered as the same rang right, like freedom of religion, speech, and assembly. All people agree that marriage should be available for all citizens, and gay marriage supporters perceive that it is wrong to exclude them from such having such a civil right. Along with a lot of benefits of such an amendment, everyone should consider the most important one, in particular, a human right to marry someone you love to form a …
Posted by: Mackenzie Dahms

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