Supporters of same-sex marriage think that prohibiting the marriage of homosexual couples is inherently discriminatory and therefore contravene the 14th amendment of the US Constitution. However, there are actually two ways to see how a gay marriage prohibition violates the 14 th revision.
The first and most popular discussion quotes the Equal Protection Clause of the 14th revision states that the state must ensure equal protection for all people of all laws. Homosexual couples believe this means that states can not exclude homosexual couples from marriage law
The second argument quotes the deutemeal provision of the 14th revision stipulating that no group should be deprived of its basic rights illegally. Advocates of marriage equality believe that this should prevent the state from denying the right for gay and lesbian couples to marry. This has been accepted by the Supreme Court in the past.
In 1967, the Supreme Court applied these two criteria when affection vs. Virginia State when the 14 th revision decided that the state prohibits interracial couple's banning marriage.
"This case raises constitutional issues that the court has not raised so far.The statutory plan adopted by Virginia to prevent race-based marriage based solely on racial classification, Earl Warl Warren of the time wrote in a major opinion: "Since we seem to reflect the central significance of these constitutional orders, we can conform these regulations to the 14 th revision We have reached the conclusion that there is no. "
Most Judges in the Supreme Court have concluded that very similar discussions apply to ban on gay marriage. In other words, marriage is a fundamental right, the ban is discriminatory and unconstitutional, the state must fulfill the same sex marriage and recognize.
Gay marriage (also called homosexual marriage) is marriage of homosexual couples performed in folklore or religious ceremonies. The term equality of marriage means a political position where gay married couples 'marriages and heterosexual couples' marriages are considered legally equal. As of 2018, same-sex marriage has taken place (domestically or in part) in the following countries and is permitted by law. Argentina, Australia, Belgium, Brazil, Canada, Colombia, Denmark, Finland, France, Germany, Iceland, Ireland, Luxembourg, Malta, Mexico, Netherlands, New Zealand, Norway, Portugal, South Africa, Spain, Sweden, United Kingdom, United States, Uruguay . In addition, Armenia, Estonia and Israel have allowed marriage of same-sex partners that are effectively signed in other countries. Gay marriage will soon be recognized and will be recognized in Austria, Costa Rica, Taiwan.
Introduction of homosexual marriage in India Gay marriage is one of the most controversial social topics in the world today, especially in view of equality and rights of these couples. Some countries offer the right to give full citizenship to Belgium and Canada equivalent partners (Graff, 2004). Other countries such as South Africa, Australia, France have given couple civil union rights or legal partnership rights (Graff, 2004). Discussion on whether or not
The marriage equality advocacy group says state banning gay marriage equally accesses the same benefits that the state government provides to couples. For example, in countries where marriage is not equal, homosexual couples can not apply for tax together, inherit partner inheritance without paying inheritance tax or donation tax, or making important medical decisions for partners can not. Prior to the Supreme Court 's decision in the Supreme Court' s 2013 v. Windsor case, the federal ban on gay marriage had prevented gay couples from gaining similar benefits at the federal level.