Gay rights coincide with freedom of religion, coming from the First Amendment, which also gives citizens the right of freedom of expression as well. People around the world are facing inequality and persecution because of their sexual orientation and gender identity. This all leads to discrimination amongst citizens of the U.S. In the United States, the rights of gays only exist in a few states, which permit them with the same equal opportunities as a heterosexual couple. The real area of potential conflict between religious freedom and gay rights arises in the circumstances of sexual orientation nondiscrimination laws. In this paper, it will illustrate how the First Amendment plays a role in gay rights in the United States, how same-sex
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With the government involved, it makes it hard for them to identify what is under threat, in a personal way, for homosexual’s equality of marriage, so the decision is usually made in a society as a whole (Smith, 2014). The main arguments that are being made between these two things are that it threatens the religious freedom of the ministry; The Lord disagrees with that life, and it diminishes traditional marriages. Many states allow religious organizations and groups to refuse any sort of acclimations, facilities, or privileges to a same-sex marriage, and provide exemptions from any civil action relating to such a refusal (Smith, 2014). Most supporters of same-sex marriage would agree that this would be a significant infraction of First Amendment religious freedom as well as bad public policy, all in which is to be a threat in theory and not in practice (Smith, 2014).
In 1996, The Defense of Marriage Act, DOMA, was passed by Congress, and defined marriage for the first time under federal law as a unification between a man and a woman. DOMA prevents same-sex couples from being presented with federal benefits. This does not give them the right to tell which state benefits are given to a married couple or what laws are made (Diana Hess, 2014). When courts decide whether or not any state has infringed the Equal Protection Clause, coming from the Fourteenth Amendment, they usually do a particular