Essay on Thomas B. Stoddard "Gay Marriages: Make Them Legal"

Marriage has been defined as “the legal status, condition, or relationship that results from a contract by which one man and one woman, who have the capacity to enter into such an agreement, mutually promise to live together in the relationship of husband and wife in law for life, or until the legal termination of the relationship.” (Marriage, n.d.) In 1973, Maryland became “the first state to pass a statute banning marriage between same-sex couples.” (Freedom to Marry, 2015) After much debate, on June 26, 2015, the Supreme Court ruled for a ‘Freedom to Marry’ in all states, even against the states who still had a ban on same-sex marriage. (Freedom to Marry, 2015) Obviously, even with a federal ruling and over thirty years, there is still a

Thomas B. Stoddard’s “Gay Marriages: Make Them Legal” is a successfully written argument with some minor flaws in technique. Stoddard uses this article to present his major claim, or central thesis, on the reasons gay marriage should be legalized. He presents his argument using minor claims. In a lecture on February 2, 2005, James McFadden stated a minor claim is the secondary claim in an argument. Stoddard uses minor claims in his discussion of homosexual people being denied their rights by the government and by others who discriminate against them. He also discusses how love and the desire for commitment play a big part in the argument for and against gay marriage.

At the time the article was first published, the push for legalizing gay unions was a controversial topic in the USA. The writer, ‘Rev. Louis P. Sheldon was at the time, the chairman of the Traditional Values Coalition, a California-based organization of some 32,000 churches’ (p. 1). He was obviously against the idea of accepting gay marriage and sustained that gay relationships are simply ‘unnatural’. Moreover, he stated that nearly 80% of Americans were opposing the legalization of marriage among gay people. Along with the author many people opposed to the idea at that time of his article – But in despite of that, gay marriage was finally legalized in the United States in June 26, 2015 (Wikipedia 2001).

The definition of marriage has changed over time. At the beginning of the nineteenth century, the United States defined marriage as a union between a consenting man and woman, of non-African decent (Stahlberg, 2008, p. 443). This, however, changed after the civil war. In 1868 two consenting adults of opposite gender could marry someone of the same race, but this was also restructured in 1967 to allow marriage of all consenting adults of opposite genders regardless of race (Stahlberg, 2008, p. 443). Today, the law looks very different. Recently, on June 26, 2015, the Supreme Court ruled that same-sex couples have the right to marriage (gay marriage, 2015).

Marriage has always been a sacred agreement between a man and woman. However, as times have changed, our ideas involving marriage are forced to change with the times. Our country has developed throughout the years to enforce the belief that all Americans should be granted equal rights no matter what their skin color or cultural background. Granting gays the right to marry would simply be giving all people equal rights in the issue of marriage.

The Supreme Court ruled that it was not unconstitutional to not give the couple a license (Minnesota Reports 310-311). Not until 2004 did the United States have a state, Massachusetts, which permitted same-sex marriage (Hackl, Boyer, and Galupo 1). There are many reasons why gay, lesbian, transgender, and bisexual would like to become married. There are financial benefits, legal benefits, physiological benefits, as well as stability (Karasu 13). Some of the legal benefits are martial tax deduction, social security, I.R.A. benefits, Inheritance, health insurance, hospital visits, and even receiving tuition

Homosexual marriage is one of the old but controversial issues around the world. Compared to the past, it seems to become a more open debate among people. At the same time, people seem to be more swayable than before, but towards the gay marriage, different voices have still been hovering in the air. Gay people and their supporters have been striving for their rights to get married legally, while others who against gay marriage have never stopped deterring it.

According to DOMA, “In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the word 'marriage' means only a legal union between one man and one woman as husband and wife, and the word 'spouse' refers only to a person of the opposite sex who is a husband or a wife” (sec 3). Until recently 2013, the US Supreme Court finally delivered the verdict that declared section 3 of the DOMA, which is the rejection of right to gay marriage is unconstitutional (Shapiro 208). In “Gay Marriage Is A Fundamental Right” by Nathan Goetting, “The right to many, and to marry the person of one's choice, is a fundamental right and a necessary aspect of human happiness. This has been an explicitly stated abiding principle since the Court used its power of judicial review to strike down as unconstitutional a legislature's definition of marriage in 1967.” Currently, 17 states in the United States have legalized the right to same sex marriage. The realization of DOMA is unconstitutional has further evidenced that gay marriage is one of the civil right that should not be taken away by the government, and it is an inevitable changes that open doors for equality and equity.

Only seven out of the 50 United States have declared gay marriage legal. These states include California, Connecticut, Massachusetts, Iowa, Vermont, New Hampshire, Washington D.C. and most recently, Hawaii who legalized gay marriage on February 23 of this year. The governor made a statement saying, “This bill represents equal rights for everyone in Hawaii, everyone who comes here. This to me is the essence of the aloha spirit. With its signing, I want to say ‘welcome’ to the world, come to paradise.” However, this country has continued to vote to keep an estimated 9 million Americans who claim to be homosexual from marrying (Morello). Some are uncomfortable with gay marriage or it may go against their religion but banning it directly

A metamorphosis in how the American judicial system perceives same-sex marriage, has developed over the past forty years. In October, 1971, the Supreme Court ruled that: "The institution of marriage as a union of man and woman, uniquely involving the procreation and rearing of children within a family, is as old as the book of Genesis.”

While some states have began to embrace the civil rights of all American people and allowing both hetero- and homo-sexual couples to marry, some states have done quite the opposite and banned same sex marriages and unions. Not all Americans feel so strongly about legalizing same sex marriage. Those against same sex marriage believe marriage has been defined as being between a man and a woman. However, that has not always been true, as explained in the beginning of this paper, the ancient people commonly wed the same gender and them and also had same sex sexual relations (ProCon.org). In fact in the first century Nero the Emperor of Rome married at least two of his lovers who were men (Chastain 19.) It was not until Christianity became a wide spread religion that sodomy and homosexuality became immoral. Those who oppose the legalization of gay marriage also believe that same sex marriage will threaten the institution of marriage. Marriages since 2011 have been at a new low, with only 52 percent of adults being married (Yen). However gays are fighting for the right to marry who they love, while heterosexual couples take that for granted. Divorce rates are currently lingering around 40-50% that is without gays being able to be married in many states. By allow homosexuals to marry their significant others, it will allow for a stronger bond and maybe bring back life into the deteriorating world of marriage. In states that do allow for same sex marriages, their divorce rates are

Since America was founded, heterosexual marriages have been the only legal way to get a marital licence and be considered by the government and the state legally married. However, in 1970 Richard Baker and Michael McConnell applied for a marital licence and were denied because they were both of a male gender. In turn, the couple sued the man who denied their marriage, and it traveled all the way to the U.S. Supreme Court and they still lost. This was the first ever record of a homosexual couple fighting the government for the right of same sex marriage. The battle grew and grew, becoming more popular until they came to the Supreme Court for one last appeal. On June 26, 2015, the Supreme Court ruled that all 50 states must allow a couple of

There are over 105 million households in the United States today and out of those households, there are over 1.2 million gay people living with same-sex partners (“Census on Gays in America”). This makes the proposed legalization of same-sex marriage one of the most significant issues in contemporary America. It is presently one of the most discussed reforms in law reviews and the American court systems. If legalized, it could be one of the most revolutionary policy decisions in the history of America, along with women’s rights, interracial marriage, and slavery. There are many people who are opposed and feel it is morally and ethically wrong and others who feel that same-sex marriages are acceptable. Prior to

In addition, marriage is a religious rite. “Gay marriage is not compatible with the beliefs, sacred texts, and traditions of many religious groups” (ProCon.org, 2011, Con Gay Marriage, ¶4). In fact, we know that most of the religions are opposing same-sex marriage, because they are always guided by the Bible and God’s commandments and his teachings. “Marriage was established by the Creator with its own nature, essential properties and purpose. No ideology can erase from the human spirit the certainty that marriage exists solely between a man and a woman” (ProCon.org, 2011, Con Gay Marriage, ¶12). If same-sex is legalized, churches and other religious institutions would be forced to change their rules in order to marry same-sex marriage couples.

While seventeen states have already granted couples the right to marry whom they love regardless of gender, the rest of the country continues to forbid same-sex couples to marry (Ahuja) and in doing so, infringe upon one of the most basic freedoms we are allowed. Arguments for same-sex marriage, despite being backed up with hard legal evidence and Supreme Court rulings, continue to face opposition on the grounds of religious beliefs and personal values.