Same Sex Marriage Is An Inflammatory Issue In Today’S...

Same sex marriage is an inflammatory issue in today’s political landscape. Seemingly every election cycle brings us incendiary statements about how â€Å"the gays† are destroying America’s moral fabric from segments of the right. Meanwhile the idea of same sex marriage is becoming more and more accepted among young generations. The courts lie in the middle of this chaos. When laws are passed which discriminate against members of the LGBTQ community and are met with legal challenges, it is up to the courts to make a difficult decision. They must decide if the rights of the minority are important enough to disregard the will of the majority of voters. To do this, they must make some difficult decisions about how rights are defined, and what†¦show more content†¦Next, he takes on a more abstract question, asking if it is the role of the courts to identify the rights that will be protected as fundamental. And finally, he finishes the book by tackling the que stion of judicial authority, asking if the courts have the right (and responsibility) to take these decisions away from the democratic process. To make his argument, Gerstmann backs up his own claims with a combination of primary sources in the form of supreme court decisions and dissenting opinions, as well as secondary sources in the form of writings about these various court cases. One example of his technique can be seen when he is asking the question: is marriage a fundamental right? When he is listing off some of the unenumerated rights granted to Americans on pages 75 and 76, he relies on the decisions from those cases. He also cites the decisions when discussing what parts of the constitution grant those rights. In the next paragraph, he cites a book called Democracy and Distrust to help make a broader argument about how the constitution is seen to be granting these unenumerated rights. Gerstmann is explicitly in favor of same sex marriage in this book, but he does seem to r espect opposing arguments enough to give them a fair voice. This is seen in chapter 5, where he examines several opposing arguments before ultimately finding reasons to reject them. However, he does a very goodShow MoreRelatedWomens Rights - A Chronicle of Reform1701 Words   |  7 Pagestheir personal appearance has also grown. Wolf’s position on the issue is that this type of social control is potentially just as restrictive as the traditional roles of women. The Beauty Myth discusses how society’s viewpoint of beauty is detrimental to women because it causes many emotional and psychological problems to women who strive to become â€Å"perfect†. This book is important due to the fact it raises awareness to the issues that many young women are currently facing. The Female EunuchRead MoreThe Movie The Loving Story 1885 Words   |  8 Pagesstory of the Lovings is one fraught with social change. 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