English research paper Essay Example | Topics and Well Written Essays - 2000 words

English research paper - Essay Example The California Supreme Court is scheduled to decide early next year whether or not to invalidate the state’s ban of gay marriage which voters approved via Proposition 22 in 2000. This paper will more closely examine the benefits denied gay couples in most states as well as the political, legal, moral and societal implications involved with the issue. As people are becoming better informed about the issue, more are accepting, if not the lifestyle, the right for gays to be married. The argument proposed by the opponents of gay marriage is that the U.S. Constitution guarantees a republican form of government in which elected officials are intended to set social policy for the nation. Legislators do this by representing their constituent’s moral views when drafting laws. Because the Constitution bars the intertwining of state and religion, the only method of ensuring that moral and ethical codes are enforced throughout society is through acts of legislation. When courts determine morality issues, they counteract legislation meant to protect the moral fabric of society and break down the constitutionally guaranteed separation of powers within the government. â€Å"When judges erode the power of the people’s representatives to set society’s moral compass, they likewise undercut the authority of parents, schools, and other community groups to set the standards they would like to see their children and fellow citizens live by. Indeed, it is a f rontal assault on community values writ large† (Raul, 2003). The government was originally formed as an entity meant to champion the rights of the individual whether they are on the majority or minority side of public opinion. Laws that were enacted in the South disallowed the marriage between black and white people but were struck down by the Supreme Court. In 1964, the Civil Rights Act followed the tenets of the Constitution by prohibiting this type of discrimination.