Same sex marriages

        Our contentions are that the denial of same sex marriage is unconstitutional, same-sex marriages will be beneficial for both the federal and state economies, and same-sex marriages will advance the well-being and welfare of homosexuals in the United States.

1. The denial of same-sex marriage is unconstitutional

• the Constitution promises liberty and justice to all Americans, not just the majority.  Opponents of marriage equality are pushing a divisive measure that would amend the US constitution to state that marriage “shall consist only of the union of a man and a woman.”  The constitution has been used throughout American history to ensure, protect, and expand the individual liberties of Americans.  It has never been amended to single out a class of people for unequal treatment.  It should SECURE equality not RESTRICT it.  
• The denial of same-sex marriages on religious grounds violates the 1st amendment, which states that congress shall make no law respecting an establishment of religion.  Also, homosexuals are asking for the government, not religious institutions to grant and recognize their marriages.
• By denying homosexuals the right to marry, and minimizing their privileges, states are opposing the 14th amendment, which includes “no state shall make or enforce any law which shall abridge the privileges or immunities of citizens.”
• When the heterosexual majority imposes laws upon the homosexual minority, it is acting against constitutional due process, which includes limits on what kind of laws may be imposed by majorities upon minorities and individuals.
• The Defense of Marriage act, also known as DOMA, which denies federal recognition of same-sex marriages and gives states the right to not recognize same-sex marriages performed in other states discriminates on the basis of sex, and violates the Full Faith and Credit Clause of the Constitution, which has been interpreted as requiring the reciprocal acknowledgement of each state’s actions by the other states.

2. Same sex-marriages will be beneficial for both the federal and state economies

• the legalization of same-sex marriages should save money for federal and state governments.  A congressional Budget Office (CBO) study found that legalizing gay marriage would “improve the federal budget’s bottom line to a small extent, by less than $1 billion in each of the next 10 years”.  The CBO calculates that same-sex couples would boost Social Security spending, and the federal government would also save money on Supplemental Security Income, Medicaid, and Medicare.  
• At the state level, the Economic Research Institute of Boston, Massachustetes predicts a positive impact on budgets from same-sex marriage.  The changed law would reduce the number of people utilizing means-tested programs, such as Medicaid and food stamps, says Bradley Sears, director of the Williams Project on Sexual Orientation Law at UCLA.  Partners would look after each other without state help.  In California same-sex marriage would save the state budget about $25 million, according to a study by Mr. Sears.  Similar results have come from studies for Vermont, New Jersey, Ohio, and Oregon.
• And for corporate America, the costs of extending benefits to the partners and families of gay employees are minimal.  According to the Human Rights Campaign, more than 96% of firms would face no additional costs for healthcare benefits.

3. Same-sex marriages will advance the well-being of homosexuals in the United States

• a census in 2000 reported 594,391 same-sex couples living together in the U.S., and currently none of them are eligible for civil marriage on the state or federal level.  37 states have passed legislation that prohibits the recognition of same-sex marriage, 11 states have passed state constitutional amendments to ban same-sex marriage, and the 1996 DOMA prevents same-sex couples from receiving the same federal rights and protections that are bestowed upon heterosexual married couples.  
• “Civil unions” grant couples the same state-level benefits and privileges as heterosexual married couples, but due to the DOMA restrictions, they cannot receive federal benefits, nor will most other states recognize their union.
• Same-sex couples across the country are denied 1049 federal rights, benefits, and privelges that are routinely given to married couples and about 400 state protections and rights.  These rights include the ability to file joint tax returns, benefits such as pension plans, joint insurance policies on homes and health, and even the crucial responsibility of making decisions on a partner’s behalf in a medical emergency.
• Gay couples are not allowed to share Social Security, Medicare, Family and Medical Leave, health care, disability, military, and other benefits.  They cannot inherit property from their life partner without a will.  According to Lambda Legal, same-sex couples can lose more that $10,00 per year upon retirement due to a lack of social security benefits that would be bestowed upon heterosexual married couples in identical situations.
• Also, gay parents are unable to assume parenting rights and responsibilities when children are brought into a family through birth, adoption, or surrogacy.  In most states there is no law guaranteeing a non-custodial, biological, or adoptive parent’s visitation rights or requiring child support from such a parent.

For these reasons, the affirmative team strongly believes that same-sex marriages should be legalized in the US on a federal level, and the federal government should require all states to grant and recognize marriages, and the benefits that heterosexual married couples enjoy, to those same-sex couples that wish to be married.