“The freedom to marry has long been recognized as one of the vital personal rights essential to the orderly pursuit of happiness by free men.” – United States Supreme Court majority decision in Loving v. Virginia.
America is a nation built on fundamental rights. In our Declaration of Independence, our new nation guaranteed its citizens “Life, Liberty, and the Pursuit of Happiness”. Today, the political debate over the decisive issue of gay marriage forces us to rethink our commitment to those deliberate words.
Throughout our history, America’s homosexual population has struggled against society to prove that they have the right to marry anyone they love, regardless of sex. Until only recently, in fact, the vast majority of
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Most of the opposition would argue that forbidding gays to marry is not discrimination simply because, to them, marriage is defined as a union between one man and one woman.
Therefore, many of those against gay marriage are still in support of gay rights and would argue that the state should instead recognize same-sex “civil unions” and give the civil unions the same benefits of marriage. However, they argue that a gay partnership should not have the designation as marriage. Those in favor of civil unions instead of marriage will tell you the two institutions are equal.
But they are not.
On the surface, civil unions may sound like a good idea - even I supported them at first.
However, I would argue that civil unions are formed out of exactly the same policy as “separate but equal” from the civil rights movement, which the Supreme Court consequently declared is
“inherently unequal." Although the circumstances of the Brown v. Board of Education
“separate but equal” ruling were different than today’s gay marriage situation, both issues have the same underlying principle. How so? By creating a separate category for same-sex marriage, civil unions are essentially a separate class below the rest of us; a class unfit for marriage - a class for those who are “unequal” to the rest of us. Marriage and civil unions are fundamentally unequal, and this is clearly unconstitutional, as is shown in the Equal Protection Clause of
True, a small number of relatively conservative gay spokesmen do consider the social effects of gay matrimony, insisting that they will be beneficent, that homosexual unions will become more stable. Yet another faction of gay rights advocates actually favors gay marriage as a step toward the abolition of marriage itself. This group agrees that there is a slippery slope, and wants to hasten the slide down.
Within our society and the western hemisphere, it is believed that only a man and a woman should be allowed to participate in the sacred ritual of marriage. These beliefs are instilled through the socialization of society and family. Our society illustrates marriage through the media. Our family illustrates marriage by first hand experience. In a traditional family, we perceive a man and a woman as our parents. Traditionally, people marry with the expectation that reproduction will occur, and one will grow old along side of children, and grandchildren. There is an image to marriage, and the thought of altering that to include same sex unions is disturbing to many.
”since the beginning of civilization, in every known society, governments have recognized a marriage between a man and a woman because it provides the next generation outstanding citizens and is the only means of melding two sexes into a stronger and more complete whole” (Kaufman 164).
History has an ironic way of repeating itself at times, the phrase “separate but equal” has rang through the ears of black culture millions of times, only for it to resonate itself within same-sex couples again. The debate of Civil Unions vs. Marriage was on the minds of many before 2015, when the Supreme Court ruled same-sex marriage legal nationwide. These Civil Unions that had existed only until recently was just the rationale used over a century ago for the same purposes. Both had the intention of having equality, but through corruption and misunderstanding, it was never fully achieved. Thankfully, just as the African Americans protested for their rights, the LGBT community also followed suit and won their rights, but not after a long
In the past few decades, the question of allowing for same-sex marriage is a recurring topic of controversy. In the houses of same-sex couples, the need for equal rights is of great importance. Currently, many states ban the marriage of same-sex couples and do not view a marriage between same-sex couples as an official marriage. These states quote the Constitutional definition of marriage as a union between a man and a woman. Therefore, with this definition, the marriage of a man and a man or a woman and a woman is unconstitutional. As of the issue date of this article, the Supreme Court had not made a national decision on same-sex marriage and the benefits entitled to that marriage. This CQ Researcher journal focuses on the topic of
Culturally, most twentieth century Americans consider marriage to be a foundation that naturally includes different rather than same-sex accomplices. However, some Americans are willing to endure same-sex marriage, and even to give them some indirect approval, few consider them to be real marriages. The law reflect these cultural mind. For instance, the latest version of Black's Law Dictionary characterizes marriage as the legitimate status, condition, or connection of one man and one lady united in law forever, or until separated, for the release to one another and the group of the obligations lawfully occupant on those whose affiliation is established on the refinement of sex (Eskridge, 1993).
Traditional wedding vows state, “I, (name), take you (name), to be my (wife/husband), to have and to hold from this day forward, for better or for worse, for richer, for poorer, in sickness and in health, to love and to cherish; from this day forward until death do us part”(Callaway). Marriage is defined as two people bond together legally under the protection of laws. Couples are able to express and establish their life long relationships officially, publicly, and permanently. Due to the fact that homosexual relationships are increasingly more accepted by the public, gay marriage has become one of the most controversial topics throughout the US. The fundamental human right of marriage should not be limited to a man and a woman;
When Americans face the question about the definition of marriage, many of them seem to be sure of how to define it, always emphasizing in the importance of the civil union. There are many interpretations depending upon point of perspective and social identity. The commonly accepted meaning of marriage is a legally accepted relationship between a man and a woman in which they live as husband and wife. “Marriage” looks like a simple word, but it is much more complicated. This word has caused many feelings of guilt, humiliation and strife in relationships where trust has been compromised. It has contributed to so much suffering and sadness for many of them; and for others much happiness, contentment, and gratification.
The United States’ Declaration of Independence reads, “[We] hold these truths to be self evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness” and Abraham Lincoln in his Gettysburg Address furthers, “[the] [United States’] fathers brought forth on this continent a new nation, conceived in liberty and dedicated to the proposition that all men are created equal.” But in the United States today, not all are equal. Within the majority of the United States, same-sex couples cannot be married or reap the benefits of said marriage. Marriage is basic to the recognition as equals in society and any status short of this becomes
Another largely agreed upon opinion is that the Federal and State governments have no right to define or intervene in marriage and who can and cannot get married because marriage is a religious practice. Following the belief of separation of church and state, those that take this stance have a variety of opinions on how this hot button issue should be handled. Most will say that every definition needs to be thrown out and that for legal or insurance purposes anyone who is married, regardless of orientation, should have their relationship defined as a Civil Union by the government. Additionally, some will even go as far as to say those who are
Once the law is set there’s nothing more we can do about it. Although I strongly feel that this particular act is wrong and shouldn’t be practiced in any way, it is not up to me to stop love. The lord will make his judgment on judgment day. By taking the state out of the equation it would only fix the legal aspect of it. The amendment of equal rights state that “Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex.” The only way to even try to change that is to write a petition against the amendment, but of course that would take years and a lot of reasoning behind it.
take a stance on homosexuality, these individuals do have certain liberties, just as all persons have liberties unless a legitimate state interest can be found to say otherwise. The Court’s broad sense of “liberty” has opened the door for the inclusion of same-sex marriage to be included in one’s personal liberties. The denials of the benefits that come with marriage have other impacts in the life of the person as they may face tougher medical, economical and familial situations. Having the right to visit an ailing partner in the hospital, buying property and filing taxes together, and decisions to raise children and have legal equal access over those children are just some of the burdens that unmarried same-sex couples face. The only time a liberty is allowed to be taken away from an individual is if there exists a legitimate state interest. There is no rational state interest in same-sex marriage. The protection of family values would
The definition of marriage has altered over the years due to changes within the government. Traditionally it was defined as the ”legally accepted relationship between a man and a woman in which they live as husband and wife” in the Cambridge dictionary. However, those interpretations of marriage changed as people’s attitude matured and people became opinionated about their human rights. People believed that it should be up to the individual to make their decision about how to live their lives. One of our civil rights as stated in the Declaration of Independence, is the right to pursue happiness. That this right was given to everyone by the Creator and it’s up to the government to protect these rights. Despite that, many people of the
Marriage has been an important institution throughout the centuries. In the United States, most adults are married and live with their spouses. (Marriage. (2010) Credoreference.com) It is common knowledge, however, that the number of “traditional” marriages have declined in the last century and same sex marriages have increased over the last few decades.
Out of all the thousands of rights, marriage equality; equal acceptance of same-sex marriages; is the biggest controversy. Opposite sex couples believe that gay marriage will harm or destroy marriage all together if it is allowed, because it is not a ‘traditional’ marriage between one male and one female. Only banning same-marriage will destroy marriage and society. Marriage is a keystone of our social order. Studies show that the United States has one of the highest divorce rates when compared to other countries (infogr.am). Allowing gays the privilege to get married will increase marriage rates and less couples will get divorced due to not being attracted to the opposite sex. The Williams Institute on Sexual Orientation and Gender Identity Law and Public Policy, which has conducted previous studies on same-sex relationships and parenting, collected administrative data on divorce rates between lesbian, gay, bisexual, and transgender couples from New Hampshire and Vermont. The data found that same-sex couples divorced at an average rate of 1.1 percent annually between the two states, compared with 2 percent annually between heterosexual pairs