Essay about Challenges and Limitations of the Law with Regard to Same Sex Marriages

Essay about Challenges and Limitations of the Law with Regard to Same Sex Marriages

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Same sex marriage is a marriage between two persons of the same biological or social gender. It is since 2001, that some countries have started legalizing the formalization of the same sex marriages. Despite some of the countries and societies regarding the action as normal, it is still regarded as an issue with the civil rights, political, social, moral and religious groups in many nations. The disagreement between many groups, posses as a challenge to the law as it attempts to legalize such unions (Wolfson, 2004, p. 230).
Most of the organizations have come up with different arguments; some of the organizations hold opinion that denying such unions is discriminating against peoples’ choice for sexual orientation. In another perspective, those who support same sex marriage assert that financial, psychological and physical well-being is enhanced by marriage regardless of the orientation. Most gay groups are of the opinion that discriminating people from same sex marriage is similar to violation of human rights as stipulated in the law. Those that are of a different opinion site arguments that the word marriage should not be applied in the confines of same sex since the act is not socially accepted (Morse, 2004). Othere concerns are raised towards parenting, religion and tradition.
The historical definitions of marriage does not capture same sex marriages, according to Edward Westermarck definition of marriage (1922 p. 22), he terms it as a relation of one or more men to one or more women, which is recognized as custom or law by the society and it carries with it rights and duties. However, in the resent years the English speaking nation have dropped gender specifications in the definition of marriage. The proponents of same sex...


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...egal issues surrounding same sex marriage are being complicated by the federal system. The same sex campaigners however are gaining grounds on the issue since most of the states and countries are now legalizing same sex marriages and reviewing their marriage laws to remove the gender specific clauses.














References
Morse, J. R. (2004, May 20). Not a Social Contract. National Review. Retrieved from http://www.nationalreview.com/comment/morse200405200926.asp
Terje, P. (2007, October 16). Limited govt equals freedom for same-sex couples. Abc.net.au. Retrieved from http://www.abc.net.au/news/stories/2007/10/16/2060485.htm
Westermarck, E. (1922). This History of Human Marriage. Oxford, OX: Oxford University Press.
Wolfson, E. (2004). Why Marriage Matters: America, Equality, and Gay People's Right to Marry. New York, NY: Simon & Schuster.


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