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Abstract

Same-sex marriage is a hotly contentious legal issue, and, unlike any other time before, the stakes concerning homosexual marriage are high. On a prima facie level, it’s clear that homosexuals have had their rights and liberties pre-empted. In other words, to deny citizens of the United States, i.e. gay Americans, the right to marry goes against the very principles of liberty and equality upon which the United States was founded. Marriage, we will admit, is a fundamental human right. Even more, we will concur that marriage is an expression of liberty. Yet, we straightforwardly deny these rights to gay people simply because of their sexual orientation. How is it that we, a presumably educated, rational, and concerned citizenry, still act in such a discriminatory way? This paper examines the facts and legal history of gay rights. Here, I offer legal and moral arguments that show there is de jure and de facto discrimination with respect to gay people. These arguments will show that the only way to correct these problems is to give gay people full fledge rights, once and for all.

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