Gay Rights In America Essay

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To What extent have the Courts played a greater role in the advancement of gay rights than activists in the United States of America? The Courts have played a highly influential role in minority movements throughout the history of the United States of America by both repressing them and by liberating them. For example the Jim Crow laws in numerous states across America enforced separation between whites and blacks. These Jim Crow laws were upheld by the courts until 1965 where the Supreme Court made a U-turn by declaring the laws unconstitutional, thereby bringing the African – American community one step closer to equality. The courts in America have played an equally significant role in the advancement of Gay rights in America…show more content…
Therefore there is not justifiable reason to extend that right to gay couples and in so doing change the very definition of marriage. On the other hand, more liberal citizens, backed by the President as well as many democrats, believe that marriage is right that should be extended to all, no matter of their sexual orientation, and that procreation is not the only reason for marriage, but instead it is the joining of two people that love each other. This controversial issue is being fought in numerous states; however California is undoubtedly the epicentre. Proposition 8 was a referendum passed by the people that banned same-sex marriage. As soon as it was passed into law a multitude of appeals were lodged against it claiming it was unconstitutional, although to begin with proposition 8 was upheld by the courts as constitutional, for example Strauss v. Horton, eventually the Californian 9th circuit Court of appeals ruled it unconstitutional. Judge Stephen Reinhardt, the lead judge in the case, released a statement saying "Proposition 8 serves no purpose, and has no effect, other than to lessen the status and human dignity of gays and lesbians in California, and to officially reclassify their relationships and families as inferior to those of opposite-sex
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