Legalizing Gay Marriage
The battle over Gay marriage in the United States reached a fever
pitch during the presidential election of 2004. The issue vaulted into
prominence when the Democratic mayor of San Francisco flouted state
law and performed marriage ceremonies for Gay couples. Conservatives
claim that the issue catapulted them into power by motivating
fundamentalist Christian voters to turnout in order to defeat
anti-gay-marriage amendments in eleven states, including the crucial
swing state Ohio. Liberals retort that fundamentalist Christian
turnout in 2004 was statistically even to 2000. Regardless of the
truth of that statement, what cannot be denied is the attention the
issue of Gay marriage has received over the past year. While I believe
that a national law allowing Gays to marry remains extremely distant
on the political horizon, I believe that what is likely is that states
will choose to give Gay couples the right to form civil unions. As Gay
couples begin to form these unions and enjoy the legal status that
they will provide them, the populace at large will become increasingly
accustomed to the idea. I believe that Civil Unions will eventually
lead to full-fledged Gay marriage, but that this process will take
some time.
Marriage became a preponderant issue in the presidential election this
year because it is at heart an extremely personal and emotional issue
for many Americans. For homosexuals, the institution of marriage is
viewed as a societal vindication of a couple’s status that is denied
to gays. The issue, gay marriage activists argue, is one of equality.
Homosexuals are denied the legal rights and privileg...
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...vists
should take heed from this historical fact, and settle in for the long
haul. In this haul, civil unions will take some of the pressure off
and soften the public to the notion of gay couples, and eventually, to
the notion of gay marriage. Rome wasn’t built in a day.
Works Cited
Forelle, Charles and Bank, David; “Gay Agenda is Seen as Rallying
Point: Some Democrats Suggest Same-Sex Marriage Issue Cost Kerry the
Presidency,” The Wall Street Journal, November 5, 2004.
Haslett, Adam; “Love Supreme: Gay Nuptials and the Making of Modern
Marriage,” The New Yorker, May 24, 2004.
Hirsch, Alan; “If Gay Marriage is the Question, Civil Unions Aren’t
the Answer: Separate but Equal,” The Village Voice, February 11-17,
2004.
Jacoby, Jeff; “Down the Slippery Slope,” The Boston Globe, November
20, 2003.
Abstract On June 26, 2015 a divided Supreme Court ruled in the landmark case Obergefell v. Hodges that same-sex couples could now marry nationwide. At the time of the split ruling there were 9 supreme court justices, 5 of the justices were Republicans, and the remaining 4 were Democrats. In high profile cases it is except that the justices will vote along party lines. When the 5-4 ruling was reveled by the following statement. “It would misunderstand these men and women to say they disrespect the idea of marriage. Their plea is that they do respect it, respect it so deeply that they seek to find its fulfillment for themselves. Their hope is not to be condemned to live in loneliness, excluded from one of civilization’s oldest institutions. They ask for equal dignity in the eyes of the law. The Constitution grants them that right (Corn,2015).” written by
The constitutional right of gay marriage is a hot topic for debate in the United States. Currently, 37 states have legal gay marriage, while 13 states have banned gay marriage. The two essays, "What’s Wrong with Gay Marriage?" by Katha Pollitt and "Gay "Marriage": Societal Suicide" by Charles Colson provide a compare and contrast view of why gay marriage should be legal or not. Pollitt argues that gay marriage is a constitutional human right and that it should be legal, while Colson believes that gay marriage is sacrilegious act that should not be legal in the United States and that “it provides a backdrop for broken families and increases crime rates” (Colson, pg535). Both authors provide examples to support their thesis. Katha Pollitt provides more relevant data to support that gay marriage is a constitutional right and should be enacted as law in our entire country, she has a true libertarian mindset.
In a country with it’s fundamentals based on liberty and equality, America has always struggled with those very concepts. Throughout history, Americans have been challenged to make decisions that have oppressed and freed certain groups of people. The political fight for same-sex marriages is a perfect example of this notion. This relation between spouses has created a major controversy that is creating history in our nation. A series of protests, acts and political scandal has finally opened America to discuss a topic that had been in “the closet” for a long time. This discussion asks questions that have caused a visceral reaction in society. Questions such as whether gays and lesbians should marry, and if so, should they be granted the same matrimony rights as heterosexual couples? Should marriage be protected to fit traditional American values? How would these unions affect or contribute to our definition of such a celebrated institution? .
AFTER GAY MARRIAGE, what will become of marriage itself? Will same-sex matrimony extend marriage's stabilizing effects to homosexuals? Will gay marriage undermine family life? A lot is riding on the answers to these questions. But the media's reflexive labeling of doubts about gay marriage as homophobia has made it almost impossible to debate the social effects of this reform. Now with the Supreme Court's ringing affirmation of sexual liberty in Lawrence v. Texas, that debate is unavoidable.
A debate is raging in America about who people have a right to marry. In response to lesbians and gays asking for the right to marry, many legislators are writing laws to ban same-sex marriage in their respective states. Even President Bush supports a Constitutional amendment that would ban same-sex marriage (prez.bush.marriage/). Opponents of such legislation do not want discrimination passed into law and are protesting at every opportunity. One must understand the reasons that people want to ban same-sex marriage before he or she can effectively argue about the subject. Many advocates of same-sex marriage bans say that allowing gays and lesbians to marry would degrade the institution of marriage because marriage is only supposed to exist between a man and woman. In addition, allowing same-sex marriage would cause problems for society (Issues and Controversies on File). One theory why opponents may fight against same-sex marriages is that heterosexual marriages have long reinforced traditional gender roles within marriage and that allowing same-sex marriages would cause males to lose their authority to subordinate females as heterosexual couples begin to model same-sex marriage gender equality (Calhoun 157).
Being so advanced technologically, it is surprising how America is still so behind on the issue of same-sex marriage. The United States should push aside the religious argument in this debate, and truly separate its church and state as it claims to do so. From its slow beginning to the rapid increase of support in the 70’s, homosexual marriage has been a controversial debate that hopefully will end in the near future.
The world today is surrounded with many controversial issues. One such issue would be the topic of gay marriage. This country has grown around one major tradition, being the definition of marriage. It’s more-less looked at as a religious or legal commitment between a women and man, to express their love and compassion towards one another, being the last and final step there is to take with that significant other. Homosexual relationships are rapidly gaining acceptance in this country. However, the Defensive of Marriage Act, that former president Clinton signed in 1996, is holding many back from being able to marry what could be the significant other of their dreams. Homosexuality effects from 8% to 15% of all males, as well as females being slightly less than the male population. To put this in a more familiar context, there are as many gays and lesbians in America today as there are unemployed citizens. There are a few states which formed a type of commitment called a "civil union", which basically is marriage without using the word "marriage." Gay couples are denied significant rights when they are not allowed to marry, and these result in injustices within society. Most carry the burden of hiding their sexual identity for fear of being disrespected or mistreated by the general population who remain ignorant to the causes and circumstances of homosexuality. This puzzles many due to the excess amount of investigative work that has been done on the phenomenon, as well as puzzling the church as to who would want to look into the concept in such a sinful matter.
Throughout the recent history of America, gay marriage has always been an issue. With the different views and morals everyone has on the subject, it makes it hard for individual states to determine what side they should be on. In 1983 a Harvard Law School student, Evan Wolfson, wrote a thesis stating the rule of marriage equality. Justices concluded that gay couples were entitled to the legal benefits of civil marriage; and most crucially in the Supreme Judicial Court in Massachusetts, whose favorable ruling, in a suit by lawyer Mary Bonauto and the Boston-based Gay and Lesbian Advocated and Defenders, led to the nation’s first bona fide same-sex marriages…” (“Gay Marriage turns 10 and Credit Should Be Spread around- The Boston Globe). On May 17, 2004 Massachusetts became the first state to legalize gay marriages. In June of 2013, California legalized gay marriages, which helped their large LGBT (Lesbian, gay, bisexual, and transgendered) community. (“History and Timeline of the Freedom…”). When this finally happened, it was seen as a great achievement by Karmala Harris, a California Attorney. “This is a profound day in our country, and its just the right thing: ‘Justice is finally being served’” (“Court Gives OK for California Gay Marriages”).
Ask any American what values founded this country and you will get very similar responses: Liberty, Freedom, or justice. These values are instilled in each American and come as naturally to us as the air we breath, or do they? Just as women fought for suffrage, and African Americans in the civil rights movement, homosexuals battle for the right to marry. This issue is affecting Americans on several levels.
Most people believe that they deserve the rights they are granted by the government. An upstanding citizen who pays their taxes, serves their community and abides by the law should be afforded the rights of an American. However, not all citizens are afforded equal rights. Gay and lesbians are constantly denied rights that are typically taken for granted by the average American. Specifically, gay and lesbians couples are denied the right to marry even if they are upstanding citizens. They are held at an unfair disadvantage simply because of their sexual orientation. This discrimination must end because gay and lesbian couples are law-abiding citizens too, who should be offered the same rights as heterosexual couples. Same sex marriage should be legalized because it is their civil rights, it encourages strong family value and leads to the increasing number of child adoption, and the same sex marriage also brings a lot of financial benefits.
A large majority of people in the United States will say that they are in favor of equal rights for homosexuals. They will all agree that homosexuals should have the same rights in housing, jobs, public accommodations, and should have equal access to government benefits, equal protection of the law, and other rights granted to US citizens. However, when the topic of marriage arises, all the talk of equality ceases. Over fifty percent of all people in the United States oppose homosexual marriage, despite the fact that most are otherwise supportive of homosexual rights. This means that many of the same people who are even passionately in favor of homosexual rights oppose homosexuals on this one issue. This is because there is a lot of misunderstanding about what homosexuality really is, as well as the erroneous assumption that homosexual people enjoy the same civil rights protections as everyone else. For the reasons of ending social injustice, the economic and social benefits of allowing homosexuals to marry, and the constitution, homosexual marriages should be a legalized institution.
As a predominately conservative nation, it is ideal that we as a group do not redefine the term marriage under the Constitution of the United States. It is not a question of equality, simply because men and woman will never be equivalent—both parties have different complex qualities from their hormones, genitals, brain functioning, and to their overall genetic make-up. Homosexuality holds about 5% of the population, meaning that the majority would be forced to conform to the minority. It is imperative that we recognize the consequences of gay marriage which include: health risks, redefining sexual morality, reduction of the population, many being affected spiritually, and forcing the government to change laws to accommodate the minority.
As of 2015, the lesbian, gay, bisexual and transgender (LGBT) community continues to struggle for equal rights held by their straight counterparts. Socially, LGBT persons are subject to discrimination, hate crimes, and stigma, while legally, LGBT persons encounter obstacles that preclude them from basic rights afforded to every other subculture in America. One of the most divisive issues related to LGBT rights has been same-sex marriage, which has been creating conflict both politically and socially dating back to the 1970’s (Finnis, 1997). Those in favor of same-sex marriage argue that regardless of gender or sexual preference, marriage is a basic right that the government has no legitimate interest in blocking. Opponents argue that same-sex marriage is ethically and morally wrong, and they cite reasons spanning from religious beliefs to the creation of a slippery slope that would lead to the demise of the institution of marriage (Volokh, n.d.). Faced with the difficult task of balancing both sides of the equation, President Bill Clinton signed into law the Defense of Marriage Act (DOMA), the policy that will be analyzed in this paper.
Legalization of gay marriage has been a major controversial topic for a long time. Although, many people do not know what it means to be homosexual, most people do not know the actual definition of homosexuality and they do not know how difficult it is to be gay in this society. There are many reasons why people are against gay marriage and homosexuals all together. Most of the reasons are based on religious bias another big reason is being afraid of the unknown. Some smaller reasons are that being heterosexual is such a social norm now a day’s people are not used to the change. Also parents often time tell kids that homosexuality is not a good thing because of there own views. Gay marriage should be legalized because most of the people who have a problem with it do not form complete thoughts and do not have a real reason that makes it not okay. Finally, what it takes to get gay marriage legal in Illinois is more complicated then one might think.
Fewer social issues cause more heated debate both politically and personally than the issue of same-sex marriage. When presented with the term “marriage equality”, most Americans would probably associate it with same-sex marriage. But homosexual couples have not been the only demographic to experience inequality in America when it comes to marriage. In early agrarian societies, women were the face of marriage inequality. They were considered a possession like land or cattle or anything else. Fast forward to 1960’s America when the American Civil rights movement was at its height. With the exception of those who lived it, few would remember that it was only in recent decades that interracial marriage was legalized in the United States. Will history repeat itself? Will future generations of Americans ever remember a time when same sex couples were not allowed to marry? This paper will attempt to explore the history of marriage inequality in America as well as highlight the issues that are being debated and voted on in present day elections.