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Gay Marriage Essay Our country was founded on the idea of federalism, which is a term used to describe a system of government divided between a central authority and regional governments (state governments). These two levels of government were originally intended to establish a strong national government, but yet also to allow the people under that government to participate in it.
While on this topic, the question arises of which level it should’ve been legalized on, if it was. From my standpoint I would say the states legislatures should’ve had to legalize it. Instead of giving my reasoning for that I’ll first give examples for what would happen if you did it through the other forms of government. If gay marriage was legalized by Congress, it would’ve had to been amended to the bill of rights, which needs a 2/3 vote in house and senate. Even that most people would be okay with because at least the people they voted in will get to represent them. Next, if the state legislatures would’ve lad to legalized individually by state, that would be more fair for both gays and heterosexuals, because the majority of people in that state would determine if it was legalized or not. Lastly, if the courts were to legalize it, which the Supreme Court did through their ruling in the Obergefell vs. Hodges case, it would’ve caused a lot of debate. The reason this is a last resort option I feel of legalizing gay marriage is because first of all it has no involvement of the people into the nationwide decision to make it legal, which I think and most would agree seems to be overstepping the boundaries and power limit of the Judicial branch. Not only that ,but the Supreme Court doesn’t have the power to legalize it nationwide, that’s for Congress or States legislatures not the national government court systems. More on the Obergefell vs. Hodges case, I definitely saw the two

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