Emphasizing the Role of the State: the Legality of Same-Sex Marriage

Emphasizing the Role of the State: the Legality of Same-Sex Marriage

Emphasizing the Role of the State: The Legality of Same-Sex Marriage
The social contract theory holds that humans living in the state of nature surrendered their personal freedom to their government in order to promote the safety and wellbeing of all. The social contract gives rights to both citizens and their government. Just as the rights of citizens are limited by legal constraints, the doctrine of the separation of church and state is one limit to the authority of the U.S. government. The separation of church and state protects the rights of citizens to make personal and private choices about their faith. The principle also provides that legal rights, decisions, and punishments remain free from religious influence. Yet, many citizens of the United States derive their moral stances on legal disputes from their religious doctrines of choice. The private and personal freedom to believe in the religious definition of marriage has influenced policy-makers to legally prohibit same-sex marriage. Because U.S. citizens do not engage in a social contract with religious institutions, it is immoral for religious sentiment to govern the legal right for same-sex couples to marry.
The rise of political authority can be explained through the social contract theory. According to the theory, a government is entitled to rule because the people agreed to be ruled by their body of government. In its application, the social contract theory forces citizens of the U.S. to yield the punishment of criminal offenses to the judicial branch of government. In turn, the government is responsible for the maintenance of public safety through police, court systems, and correctional facilities. Every citizen pays their government in the form of taxes for the services necessary to protect and serve the lifestyles of its citizens. The government also determines the rights of citizens and the policy changes that support these rights. All citizens of the U.S. exchange the act of forcing others...

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