According to the 14th Amendment in the US Constitution, all people are to be considered equal, which would also apply to marriage. Example Opening Claims Against Gay Marriage Traditionally, marriage is between a man and a woman and this should not be changed. Marriage is meant to be for procreation. As gay couples cannot physically reproduce, they have no reason to marry. First Claim Starting Sentence Option 1: Example Claims for Gay Marriage Banning gay marriage is discrimination and classification of human beings based on value.
Even in nature, we see animals and birds engaging in same sex activity, indicating that it is a natural part of life. If marriage were only for procreation, infertile couples or those choosing not to have children could not marry, either.
The legalization of gay marriage does not in any way take away from traditional, heterosexual marriages. Gay marriage allows same-sex partners to have the same legal rights in hospital visits, inheritance and more, as their hetero counterparts.
Example Claims Against Gay Marriage Traditionally, marriage is between a man and a woman and this should not be changed. There is nothing in the Constitution that specifically states marriage is a right. In Canada same sex marriages is legal. Advocates of gay marriages describe marriage between a man and a woman as a weakened institution that divides the society by sex.
On the other hand, they sum up same sex marriages as private, intimate and emotional relationship where two people unite for their own personal reasons in order to enhance their personal well-up. Socially many people think that gay marriages are not acceptable therefore the couples should not have the right to get married. In some countries such as Canada, there is dramatic progress to acknowledge the rights of gays and lesbians. Court battles have been filed and to some extent gays and lesbians have succeeded in obtaining some degree of social recognition Staver 5.
The gay movement argument for same sex marriage is basically founded on the norm of formal equality. They argue that the state needs to accord the gays the same legal options as other different sex couples enjoy. This includes the right and duties required in civil marriage. Economic benefits that the proponents of gay marriages cite include increased revenue as a result of additional marriages through marriage taxes Stockland For a long time the culture of men and women marrying each other in the society has been established globally.
Two men or women marrying therefore have resulted to a controversy where people have differing opinions. Same sex marriages cannot have children. The debate for this issue of same sex marriage has existed for many years and a gay right movement was established in America during the s. Getting married is a decision which is personal and private.
The controversy brought by gay marriages includes changing the norm of marriage and challenges in existing laws and religious traditions. Many religions in the world object to the issue of gay marriages on the grounds of morality. Churches base on their beliefs of what is wrong or right on scriptures which are holy writings. The church believes that allowing the gay couples to adopt children would be an injustice as the children will lack the proper moral upbringing.
Opponents of gay marriages cite the increased social costs such as healthcare thus affecting the economy. The question regarding legalization of same-sex marriages relates to fundamental change of law not just nationally, but also internationally. Legalizing gay marriages is an important step towards the enforcement of the constitutional guarantee of equality of all before the law and equal protection of the law.
The freedom of an individual to choose the partner they want to spend their lives with is a fundamental right that is enshrined in the freedom of choice.
Congressmen and women must rise above their moral beliefs and realize that it is time to protect the rights of gay people as deserving human beings. In the existing provisions of international law, the definition of marriage has been given as the union of two individuals of the opposite sex. In the Universal Declaration of Human Rights under article 16, it is provided that: Similarly, under the article 23 of the ICCPR, the Treaty requires recognition of the right of men and women to marry and start a family.
The terms of Article 12 of the European Convention are almost identical. These treaty provisions simply highlight the state of the law internationally and as has been domesticated nationally. However, the continued recognition of gays and lesbians, calls for a review in the law in order to recognize the fundamental rights that they are entitled to as humans beings.
Therefore, it is time for the Government to allow gay marriages which is a civil and human right that is denied to the LGBT lesbian, Gay, Bisexual and Transsexual community. In arguing for the legalization of same sex marriage, over and above the human rights argument, this paper will analyze the historical idea of marriage; this will be followed up a scrutiny of the legal opinions for validation of gay marriages which will involve a vigilant study of jurisdictive decisions as well statutory arguments.
These arguments are made for the consideration of the law makers, that in the exercise of their lawmaking functions, there is an overwhelming need for them to rely on factual and objective arguments. Traditional architecture of marriage has been viewed on the postulation of a heterosexual couple at its soul, with the expectation of procreation. It is the primary expectation that a married couple will be able to procreate and this is only possible where the marriage is between different-sex couples.
Over a century ago, the US law accepted that heterosexual marriage remained an institution headed by the husband. In Thompson V Thompson the Supreme Court classified heterosexual marriage as the exclusive venue for lawful and legitimate sexuality. Consequently, the traditional conception of marriage was that, other the expectation of procreation, it was the only avenue in which couples could legitimately engage in sexual intercourse.
Engaging in sex outside the marriage, particularly for the married couples was heavily punished as adultery. This meaning, along with the rulings of the Supreme Court are a reflection of cultural, historical as well as religious conception of marriage as being confined to people of the opposite sex with the main aim being the procreation of children.
In the conventional setup, marriage, being the union of man and woman, designated the two as a solitary unit in the eyes of the law, with the man being allotted the leading role. The wife could not bring suit against the man, as this would be tantamount to suing herself. Marriage was meant to last a lifetime and, thus, divorce was not an option.
The two, once married were expected to procreate and raise children for the marriage to be complete. However, some of these elements started to change as the roles of women began to revolve in the society. In the early s, women got married at very early ages, mostly as soon as they reached puberty and from the ages of fifteen. The period of to ,arked a revolution in gender roles and sexual practices outside marriage.
It became common for young women who were unmarried to seek employment instead of being married. Many young single women, therefore, entered the paid workforce, with their new form of independence they could play an important role in creation of a new urban sexual culture. The new urban sexual culture was characterized by the growing commercialization of pleasure, sexualized public spaces which included dance halls, together with the emerging sexual and social influences that resulted from the wave of immigrations that introduced new cultures in the US.
These changes ultimately altered the traditional concept of marriage, whereby women got married at older ages and this was preceded and ultimately followed by cohabitation and then marriage, and finally, a divorce. The notion of cohabitation became more prevalent, thereby, rendering marriage not so special.
Divorce rates increased over the years and today marriage has lost its importance and specialness due to numerous problems associated with it LeVay At this point the following question arises: Socially divisive nature of same-sex marriages raises controversy which is expressed in the law, religion and politics.
It raises questions of family structure, gender roles, justice and equality, which are inextricable from the institution of marriage. While there is no denying the universality of heterosexual marriages, current social and legal developments provide a compelling case for the recognition and legalization of same sex marriages in the United States.
Legal arguments for legalization of same sex marriages are based on three main grounds; first, denying gay marriages is a violation of civil and human rights guaranteed by the constitution, second, it interferes with the legal distinction of church and state and, finally, the third argument is that it amounts to minority discrimination. Denying same sex marriages is a violation of civil and human rights guaranteed by the constitution.
The courts have handled cases involving gay rights and the decisions have involved constitutional interpretation of the guarantees of equality of all in the eyes of the law. The provisions of the Bill of Rights of the US Constitution are, perhaps, the most powerful tool that can be used in the push for legalization of same-sex marriages.
Marriage is a civil and fundamental right which must be universally available to each and every human being on the virtue of their human nature rather than their sexuality. In the courts, when asked to consider the question on whether same-sex marriages should be allowed, the determination is usually premised on the due process clause, with the argument that same-sex marriages are not so intrinsically embedded in traditional society as to bring about the due process arguments.
However, the constitutional arguments of equality in relation to gay marriages should relate to freedom of a person to choose the partner with whom he or she wants to spend the rest of his life. The right to marry connotes the right to choose the person to marry; the sticking point is with the sex of the chosen partner. The first case to consider gay marriages in the US was the case of Goodridge v Department of Public Health where the Supreme Court of Massachusetts decided that the restraint of marriage to opposite-sex couples was an infringement of the corresponding guarantees of equality of the state constitution on liberty.
In this case, the court relied on the earlier cases relating to gay rights such as Lawrence v Texas, which had recognized the privacy rights of gay partners to engage in private sexual conduct without the interfere of the law.
These privacy protections were interpreted by the court leading to implicit due process of all before the law.
The overriding principle is that the court recognized marriage as a civil and fundamental right that should be available to all. Similarly, the Supreme court of California took the same approach in the case of wooing v Lockyer, where it held that the law restricting marriage to heterosexual couples was invalid under the state constitution.
The conception of equality in the two cases is defined on the basis of denial of the same right to different individuals, such that, opposite-sex couples would be allowed to marry, while same-sex couples will be denied the same right Kotulsk The equal protection clause has been the basis upon which many cases regarding recognition of same-sex marriages have been successful. Distinction between the success of cases brought on equal protection clause and those brought on due process clause highlight the fundamental differences between the two provisions of the American constitution.
The due process clause is designed to look back and consider whether an existing and accepted practice with sufficient generality is being violated by the claimed practice.
It is designed to protect the practices that are deemed to be rooted in traditions of the society.
By not allowing same-sex marriage, the United Sates is creating discrimination against same-sex couples. People of faith are the biggest advocates against same-sex marriages. With the belief that marriage is the foundation for procreation, same-sex couples, without the ability to have their own child, should not be allowed the right of marriage.
Gay Marriage Research Paper - Free download as Word Doc .doc /.docx), PDF File .pdf), Text File .txt) or read online for free/5(2).
Free Same Sex Marriage papers, essays, and research papers. This argumentative essay on legalizing gay marriage describes why same-sex marriage should be allowed and why the Bible should not be looked upon for social justice.4/5(12).
Points Research 3 Task B: The Annotated Bibliography 4 Putting the Pieces Together 11 The Overview 11 The Facts 11 The Final Conclusion 12 The Same-Sex Marriage Introduction and Background A marriage amongst two individuals of the same sex individuality and/or same genetic sex is known as gay marriage or same-sex marriage. The paper will examine progress towards and opposition to same-sex marriage in the social and political contexts in which they have developed. Arguments against same-.