Graded Assignment #7

From the founding of the United States and the creation of the Constitution, the Supreme Court has taken the role as protector of American rights and liberties, mostly through the use of judicial review. In the Federalist Papers, judicial review was defended, stating that by its use the will of the entire American people would be respected. In fact, Federalists were afraid of the strong and often divided will of the states. This group believed that if each state had their own way, America would be composed of thirteen different nations, with their own currencies, denominations, and laws. They believed that in order to create a strong union, the land must have one law. For this reason, I believe that the federal Defense of Marriage Act is unconstitutional.
In my opinion, homosexuality is morally wrong, and marriage should be between a man and woman. However, I do not think that it is the responsibility of the Supreme Court to dictate morality in the United States. They deal strictly with the constitutionality of the law. To say that a couple can be legally married in one state but not legally married in another will cause chaos. It follows along the same lines as saying that currency accepted in one state is useless across the border. It divides the nation unnecessarily. The Constitution tries to prevent these divisions in Article Four, Section One by saying that each state must respect the laws of other states. The Defense of Marriage Act goes against this idea. States do not have to recognize other states’ legal unions at all, and can actively discriminate against citizens of other states who participate in these marriages. It would be better for laws dealing with same sex marriages to be applicable to the United States as a whole. In this way, in theory, the will of the entire American people could be respected.
Same sex marriage, without a doubt, is a complicated issue. Many across the United States, despite the fact that surveys show a growing level of comfort with homosexuality, believe that it is a sin. They believe that by accepting these marriages, the culture is allowing morality to degrade. However, what these individuals fail to understand is that when the Supreme Court upholds a person’s right to marry whomever they please, they are at the same time upholding an individual’s right to believe what they want. Christians cannot expect the Supreme Court to outlaw same sex marriage, while their rights to pray and worship remain untouched. Who will set the limits?
Homosexuality is a moral issue, and laws will not stop same sex marriages; changes in the hearts of the American people are the only way to stop it from happening. The Supreme Court has said that it does not give “advisory opinions,” and I believe that this statement can be expanded to also say that the Court does not make value judgments, refusing to choose values for the American people. The Supreme Court cannot look at a case through the lens of personal ethics, but must protect the Constitution and the rights of the American people. It is their job to ensure that all actions of the government do not infringe upon freedom. Allowing a state to discriminate against a same sex couple is infringing on that couple’s right to live how they choose and believe what they will.
In order to protect the sovereignty of the United States, I believe that the Defense of Marriage Act should be struck down. Having fifty different states with fifty different standpoints on homosexual marriage encourages dissension and conflict. It emphasizes the differences among citizens of different regions, instead of focusing on the things that unify us and make us all American. This is one of the things that the founding generation feared the most. They wanted unified states, governed by a strong federal government. Furthermore, if a state can outlaw same sex marriage, what is to stop a state from outlawing certain religions or denominations? By protecting an individual’s right to do something that I do not agree with, the Supreme Court is also protecting my right to believe in what I believe in.