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Same-sex Marriage

The argument of same-sex marriage is important, not only for the religious and legal precedent, but because the welfare of families, especially the interest of children now and in the future, may be profoundly affected by the proposals before Hawaii's courts and the state legislature relating to same-sex marriage.

Marriage is a unique practice, in that it is both a religious sacrament and legal registration controlled by the state. For the time being, marriage is defined by "84% of the population as the union of two people of the opposite sex" (Johnson p.49). Therefore, by definition, marriage has to be different sex. Whereas, the definition of homosexuality is "exhibiting sexual desire toward another of the same sex" (Webster's New World Dictionary p.673). Throughout human history, according to religious tradition and as a matter of natural law, marriage has been tied to potential procreative sexuality, which is a monopoly held by different-sex couples. Under this definitional objection, "the state cannot recognize something that is an impossibility" (Eskridge p.87).

"In 1993, three same-sex couples (Ninia Baehr, Genora Dancel, Tammy Rodrigues, Antoinette Pregil, Pat Lagon and Joseph Melilio) applied for marriage


Society must have distinct definitions to which it turns when faced with conflicts between the desires of its citizens and the interests of its larger community. Heterosexual marriages have been given preferred legal status, moreover, because of the long-recognized, irreplaceable contributions that such marriage make to the benefit of society. Same-sex unions simply do not make comparable contributions to social order, to community and personal health and welfare, to private and public economy, to social morality, and especially to children. In short, equal status for same-sex couples is not supported by evidence of equal contributions to society.

licenses from the State of Hawaii. They were refused. They then challenged the state's decision in court. This set in motion a chain of events: the case was appealed to the Hawaii Supreme Court (Baehr v. Miike; action #15689) which ruled on May 27, 1993 that the state's refusal to grant marriage licenses was unconstitutional. It violated the Hawaiian Constitution's equal protection guarantees (Article I, Section 5) against gender discrimination. The court remanded the case to the Circuit Court, stating that licenses should be issued to same-sex couples, unless the state can show a compelling interest in banning such marriages" (Hawai'is Future Today).

Some topics in this essay:
Fourteenth Amendment, Fein Children, IV Section, World Almanac, Supreme Court, Colin Powell, Social Security, , Britt Horowitz, Kevin Chang, same-sex marriage, civil rights, same-sex marriages, same-sex couples, supreme court, hawaii supreme court, married heterosexual, heterosexual couples, hawaii supreme, change marriage, same-sex parent, prohibition same-sex marriage, married heterosexual couples,

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Approximate Word count = 2159
Approximate Pages = 9 (250 words per page double spaced)


  

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