Human Rights and Same-Sex Marriage Essay Example | Topics and Well Written Essays - 1250 words

Human Rights and Same-Sex Marriage - Essay Example Those who argue that same-sex marriages should be considered a civil right and should be treated just like any heterosexual monogamous marriage are doing so based on the principle of the Equal Protection Clause. This is, however, a flawed argument. It is absolutely wrong to consider that one’s constitutional rights ensure equal treatment in the area of marriage. One must understand with regard to equal treatment, the Constitution does not make reference to social relationships such as families, marriages, friendships, and the like (McVeigh and Maria-Elena 899). Two friends, who decide to consider their relationship a marriage, cannot go to the courts and demand equal protection rights just because they decided to consider their friendship a marriage. To do so is tantamount to saying that just because some people at a certain sports event pray together before the start of the event; courts are required under the equal protection law to allow these sports event goers to redefine the event as a religious ceremony. The government, as an example, recognizes a relationship between two contracting parties, one of whom agrees to mow the other’s lawn. However, the law governing the contracts does not define beforehand what kinds of contracts can be drawn. The law, instead, merely makes clear how binding a consensual contract is, and what legal obligations both agreeing parties have in fulfilling the contract