This paper provides a proposal for gay marriage bill in Texas based on significant measures adopted by the United States to recognize and legalize same-sex marriages in the recent past. The first two sections provide a copy of the introduced bill and details on the bill and supporting arguments. The final section provides an analysis of the fate of the bill in real Texas Legislature.
¶ … Gay Marriage Bill in Texas:
Same sex marriages and other kinds of same-sex unions have become controversial issues in the modern United States. This issue has been characterized by attempts by the American federal government and several state legislatures to enact regulations that either allow or prohibit these kinds of unions or marriages. In the past few years, the public opinion regarding the issue has changed to become more tolerant and accepting because of the changes in the United States' society. As a result of these changes, enacting a gay marriage bill in Texas would be a significant step in ensuring that people are treated in similar ways by the government. The development of such bill is fueled by the need to treat people equally, the need to be more accepting and tolerant, and the changes in today's society. In light of these factors, the proposal of a gay marriage bill in Texas is likely to succeed and become part of Texas' laws.
Copy of the Bill:
Unlike many other states, the rights of gays in Texas have been characterized by numerous challenges and discrimination. According to current legislation and Texas' constitution, gays and lesbians do not have the right to marry others from the same sex. While some local governments within this state provide various protections and benefits to these people, the state has hate crimes legislation that enforces certain penalties for offenses motivated by a victim's sexual choice. Even though these laws are rarely invoked, there is need to enact legislations that allow same-sex unions or marriages, especially gay marriages.
The new bill would seek to legalize gay marriage in Texas despite of the constitutional amendment that was enacted a decade ago prohibiting same-sex marriages (Fikac par,1). If the gay marriage bill is enacted into law, it would legalize gay marriage by removing the constitutional prohibition against same-sex marriages or unions. The proposal for such a law is informed by the events in the context of a wider range activity throughout the country and recent consideration of the Defense of Marriage Act by the U.S. Congress. The Gay Marriage Act of 2014 will allow gays to live together in unions that are recognized as marriages. Under this law, these intimate partnerships will be legally recognized as marriages rather than a civil partnership. However, the legislation will uphold the conventional law in which marriage is recognized as a union between two people of the opposite sex. The other provision of the bill is that it safeguards the decision by individuals and religious organizations that choose not to honor gay marriages. In this case, the individuals and religious organizations are protected from any liability with regards to their decisions to opt out of such practice.
Research on the Bill and Supporting Arguments:
As previously mentioned, the proposal for gay marriage bill in Texas is formulated on the basis of increased activity in the wider context of the American society and the recent considerations by the Congress regarding same-sex marriages. The enactment of such a law would help ensure that lesbians, gays, bisexuals, and transgender are protected. Generally, the American society is currently undergoing several changes that have contributed to public opinion becoming more tolerant and accepting regarding same sex marriages (Fikac par, 5). Therefore, enacting such as bill in Texas would not only ensure the protection of gay people but would also capitalize on the changing public opinion and perception.
There are three main aspects that would make the bill relevant and acceptable in the modern society. First, the bill legalizes gay marriages, which is in line with measures that have been adopted in other parts of the country on same-sex marriages. Secondly, the bill preserves the existing provisions in Texas' constitution that recognizing marriage as a union between opposite-sex couples. In this case, it does change or extend the conventional view on the definition of marriage but adds new definitions to existing definitions. Third, individuals and religious organizations are not compelled to recognize such marriages and are also protected from any liability in case they choose not to solemnize such marriages.
Analysis of Bill's Fate in Real Texas Legislature:
While the bill would provide considerable protections to the gay community and capitalize on the changes in today's American society, its passage into law will be quite a difficult process in real Texas legislature. The difficulties originate from the fact that Texas is relatively more conservative than the rest of the United States and would not easily change the conventional view of marriage as a union between people of opposite sexes. In addition to the conservative nature of Texas, the enactment of the bill would also be affected by recent attempts by a Texan congressman to safeguard the rights of states to regulate marriage (Johnson par, 1). Similar to many Texas legislators, Ted Cruz argues that the federal government has attempted to undermine the right of every state to define marriage based on the values of its citizens through redefining marriage and imposing same-sex marriage laws. The other potential difficulty in enactment of the law is the widespread conventional definition of marriage as a union between a man and a woman. Proponents of gay marriages state that they would prefer its recognition as a civil union or partnership instead of marriage. Therefore, these difficulties and arguments would contribute to the failure of the bill in the real Texas Legislature.
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