Same-Sex Marriage in the Courtroom; Amanda Harkin

Posted on December 18, 2014 by


Same-Sex Marriage in the Courtroom

Amanda Harkin

Same sex marriage court rulings have been all over the news recently. supreme courts in over 30 states have either overturned bans on gay marriage or are currently reviewing cases regarding bans. Religious beliefs on homosexuality have influenced a debate on whether gay marriage should be legalized in the United States.
since the 1970’s, same sex marriage has been battled in the courtroom. Recently, Cases have been taken to state Supreme Courts and won by the LGBT community. Sources such as Fox News have posted list-like articles of states that have had gay marriage bans overturned. Attorney Generals are appealing rulings in favor of gay marriage because conservative areas view the rulings as an undemocratic solution. Many of the writers of the articles listed unanimously agree that the U.S. Supreme Court, which already upheld the right of the states to ban same sex marriage, will re-deliberate on the issue of same sex marriage sometime in the near future.
The debate on Same sex marriage is much louder on the pro-gay marriage side. There are plenty of anecdotal stories like Dr. Anna Sher Simon’s who jokingly says she has married her partner, Fran, 9 times. She includes everything from a legally meaningless religious ceremony performed by a Rabbi to the paperwork for their house to getting married in their hometown of Denver, Colorado and being remarried after a freeze on marriage licenses after the ban was lifted nullified their previous marriage. Comparatively, the same-sex marriage opposition is redundant and void of human emotion. Politicians and anti-gay leaders have said that the people have spoken and they voted to ban same-sex marriage. A few leaders of religious anti-gay organizations have said that gay marriage is harmful to children but that belief isn’t backed in the articles by any evidence. Evangelical leaders are backing off in the same sex marriage debate according to pro-gay marriage writer Jeremy Diamond. He says that many pro-same sex marriage religious community members are anticipating a split in evangelicals in the near future.
So why not just continue issuing civil unions to same sex couples? CNN’s fast facts article says what many in the LGBT community already know: a civil union is a second class marriage. Civil unions do not grant partners the right to be on one another’s insurance, file federal taxes together, be involved in one another’s medical decision making if the other is sick. If they have children, then the one registered as the legal parent is the only one able to make decisions, and many more benefits that straight couples take for granted.
Whatever one’s beliefs, the reality of the significant legal, social, and religious impact of Gay marriage judicial law are undeniable and unavoidable. While it’s probable that the United States Supreme court will rule in favor of same sex marriage when it chooses to hear a case, the impending decision still has both sides holding their breath and reporters scrambling to keep up with the latest rulings.

Digital Bibliography

CNN, “Same-Sex Marriage in the United States,”CNN, 11/17/2014 (

Jeremy Diamond, “Evangelicals Step Back From Gay Marriage Fight,” CNN, 11/16/2014 (

Associated Press, “Same-Sex Couples File Supreme Court Appeal,” Fox News, 11/14/2014 (

Richard Socarides, “Will the Supreme Court Mandate Gay Marriage?” New Yorker, 11/13/2014, (

William La Jeunesse, “Supreme Court Paves Way for Gay Marriage in Several States, Leaves Issue unresolved Nationally,” Fox News, 10/06/2014, (

Dr. Anna Sher Simon, “The Gift of Marriage,” Huffington Post, 12/05/2014, (

Associated Press, “Supreme Court Lifts Hold On Gay Marriage in Kansas,” Fox News, 11/12/2014, (

Petri Paavola “Harmful Effects of Gay Marriage in Society,”, 05/12/2014, (

CNN Library, “Same-Sex Marriage Fast Facts,” CNN, 11/24/2014, (

Daniel Grossman, “Opposers Rally Before Gay Marriage Case,” KTHV 11 News Station, 11/20/2014, (

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