For your US constitution assignment:
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Select ONE of the following topics to answer for the Lesson Writing Assignment. The writing assignment should be a minimum of 500 words. You should find most of the information you need to complete the assignment in the chapter, but you are allowed to use outside sources as well (such as news articles or government websites). DO NOT simply copy the information word for word from your sources. If you use information directly from the textbook or another source, it should be cited and the properly formatted citation should be provided at the end of the assignment. All assignments will be analyzed with SafeAssign to identify possible plagiarism.
Read Chapter 2 in the textbook, including “You Decide: Voice of Texas: Proposition 2 and Same-Sex Marriage,” and write an essay that addresses all of the following questions:
As compared to the US Constitution, why is the Texas Constitution so frequently amended?
How does the turnout for elections dealing with constitutional amendments compare to turnout for presidential elections?
Do you think the level of turnout influences the legitimacy of the amendments that are passed or rejected?
Is Proposition 2 a violation of the equal protection clause of the U.S. Constitution?
Should Proposition 2 be deleted from the Texas Constitution? Why or why not?
Must the state recognize same-sex marriages that have been licensed and performed lawfully in another state? If so, why? If not, why not?
Do you believe that religious freedom gives people the right to deny their services for same-sex marriages? If so, why? If not, why not?
Same Sex Marriage and Texas Constitution Amendments
The Constitution of the United States is a document written in brief and vague terms. It is, therefore, tedious to amend it as even the structure of the document makes habitual amendments unnecessary. The Texas Constitution, however, is long and detailed and thus easy to amend as there are overly-detailed public policies that require changing frequently. Only a majority of both houses of the legislature is required and not even a governor can veto the amendment process (Coleman par. 6). The detailed nature of the Texas Constitution thus necessitates constant amendments.
Election turnout in Texas, in both constitutional amendments and the presidential elections, are characteristically low. Over the years, election turnout in both instances has reduced signifying the state’s abysmal voting history. Amendments done to the Texas Constitution usually draw the lowest voter turnout despite an increase in a 2009 election which surprisingly is still significantly lower than in the presidential elections. Furthermore, Texas still represents one of the lowest voter turnouts across the country in the presidential elections with just under half the number of registered voters going to the polls in the last election (Reigstad par.1).
The low voter turnout in the elections for constitutional amendments does not affect the legitimacy of the amendments as much as it does the unanimous or majority decision of the people of Texas. This simply means that the low voter turnout might at most times not indicate the true disposition of the majority of Texans as a very low percentage of eligible voters vote. This goes against the general belief of a country whose ethos is reflected in the colossal democracy it believes it is. The lack of public participation in such crucial matters is, however, unsettling.
The essence of any democracy or sovereign state is fundamentally based on the equality of all people or citizens under the law as no man is above the law. Similarly, the Fourteenth Amendment of the US constitution guarantees all individuals regardless of their color, gender, religion, and sexual orientation equality under the law under the Equal Protection Clause. The right to marry a person of one’s choosing also falls within the parameters of this constitutional provision. Thus, Proposition 2 of the Texas Constitution is in violation of this right, therefore, contravening the United States Constitution (Government of Texas par.2).
Proposition 2 should be erased from the Texas Constitution as it violates the right to equality and fairness under the law. Furthermore, it acts in contravention to the provisions of the United States Constitution that provides for equal treatment of all individuals. Moreover, the United States Supreme Court ruled in the landmark case of Obergefell v Hodges that the fundamental right to marry is also guaranteed to same-sex couples by the Due Process Clause and the aforementioned Equal Protection Clause demonstrating the unlawfulness of Proposition 2 (United States Supreme Court 1-18).
The state of Texas must recognize same-sex marriages that have been licensed and performed legally in other states. This is because even though different states have their own different laws and sets of rules, they still rely on the law of the land, which is the United States constitution. Decisions of the United States Supreme Court are law. Therefore, the whole nation has to abide by these decisions and must be respected and upheld by all the states regardless of their own laws.
Religious freedom as an individual’s right does not give one the power to live by their own set of rules. If a person feels uncomfortable with offering services to gay couples, then they should make it clear to their employer that serving these couples in whatever capacity goes against their religious beliefs contrary to the case of the Kentucky clerk Kim Davis (Higdon par.2).
Works Cited
Coleman, Michael. “Two Constitutions: A Comparison.” Dlc.dcccd.edu. N.p., 2017. Web.
Government of Texas. “Proposed Constitutional Amendments November 8, 2005.” Sos.state.tx.us. N.p., 2005. Web.
Higdon, James. “Kentucky Clerk Ordered to Jail for Refusing to Issue Gay Marriage License.” Washington Post. N.p., 2015. Web.
Reigstad, Leif. “The State of Texas: Voter Turnout Rate Falls Short of Expectations.” Texas Monthly. 2016: par 1. Web.
United States Supreme Court. On Writs of Certiorari to The United States Court of Appeals for The Sixth Circuit. Washington, DC: N.p., 2015. Print.
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