LEGALIZATION OF SAME SEX MARRIAGE

Introduction

The deliberation over whether or not people in same sex relationships should be permitted to wed or even enter into civil unions is nothing astonishing. Legalizing same sex marriage has brought a new movement which then providing the arguments on up keeping same sex marriage such as refuting them is a defilement of religious freedom and minority discrimination, it inspires people to have solid family values and establish a good based family in addition to giving up high-risk sexual lifestyles, homosexuality is an accepted lifestyle currently with most evidence providing biological causality, and marriage benefits should be available to all couples.

The law and society’s elucidation of homosexual (same sex) marriage

Definition of monogamy

Union between two people

Does not include homosexual couples

Monogamy is a contractual agreement

The reasons marriage licenses are issued.

Marriage is one man and one woman engaging in a monogamous relationship

Other state of affairs that states will not issue license

1. Age limit

2. Directly related and/or blood ties

3. Physical and psychological health problems

Discrimination towards homosexual people

Ruling out a couples’ right to live their life the way they choose is discriminatory

The Defense of Marriage Act is a United States federal law that defines marriage as the legal union of one man and one woman for federal and inter-state recognition purposes in the United States

The “full faith and credit” clause of the US Constitution

Misconception and prejudice toward homosexuals

The mentality that it is tolerable to mistreat homosexuals because they are different.

The acceptance of interracial marriage

Fear of accepting homosexual marriage would disrupt our society

Society has already been disrupted by violence, divorce, and teenage problems

The result of interracial marriage

Many people believe that letting same sex marriage become legal would ruin the idea of marriage as a whole.

Why same sex marriage makes the idea of marriage stronger.

Letting people marry freely gives them the right to be happy, gay straight or otherwise.

The divorce rate is so high that maybe same sex marriage can bring that number back down and make marriage something that is an idea that people look forward to and not one the people worry about.

Why people believe that same sex marriage does not qualify as marriage.

Many people still go on the idea of what is in the bible, the idea that marriage is between a man and a woman.

Some people still find it hard to explain to their children why two men or two women are married.

Many people are under the impression that the reason people many is to produce children, however there are a great number of people that are married in the world and never have nor do they want children.

Same sex marriage is not erroneous. Homosexual couples should have their freedom to choose their own way of life. Homosexual parents do not have a big of an impact on children. The effect on the children depends on the actions and behaviors of the parents. My definition of marriage is the union of two people who are in love and agrees to bind together legally.

The deliberation over whether or not people in same sex relationships should be permitted to wed or even enter into civil unions is nothing astonishing. Legalizing same sex marriage has brought a new movement which then providing the arguments on up keeping same sex marriage such as refuting them is a defilement of religious freedom and minority discrimination, it inspires people to have solid family values and establish a good based family in addition to giving up high-risk sexual lifestyles, homosexuality is an accepted lifestyle currently with most evidence providing biological causality, and marriage benefits should be available to all couples. Most countries take a liberal attitude towards marriage: few obstacles are put in its way. But objections to gay marriages continue to be raised. These objections are refuted and the case for gay marriage is assessed through the prism of various forms of liberalism. The normative argument for allowing gay marriage is shown to be both strong and consistent with many of the values upheld by the opponents of such unions.(Freeman) As society has become more egalitarian and marriage is deemed to be a human right, marriage should be made available to all couples, without regard to gender.

Same sex marriage, in the United States is not a federally acknowledged institution. The US government places the administrative matters in the local government’s hands. Even though same sex marriage or gay marriage are not federally acknowledged, same sex couples are allowed to marry in five states and one district. In these areas, same sex marriages are analyzed as regular unions between heterosexual couples and receive the same rights and state level benefits as heterosexual couples.

When married an individual vows to be monogamous. Monogamy is a custom of marriage in which a person has only one spouse during their lifetime or at a point in time. It is a contractual agreement. According to society and law monogamous relationships and/or unions do not pertain to homosexual couples.

A marriage license is a document distributed, either by a church or state authority, authorizing a couple to marry. Marriage is one man and one woman engaging in a monogamous relationship. The process for gaining a license varies between countries and has changed over time. Today, marriage licenses are a legal necessity in some jurisdictions and may also aid as the proof of the marriage itself, if signed by the couple and witnessed. In other jurisdictions, a license is not obligatory. In these cases, a “pardon” can be obtained, for marrying without a license and in some jurisdictions; common-law marriages and marriage cohabitation and representation are also recognized.

Marriage licenses in the United States are under the jurisdiction of the state in which the ceremony is executed; nevertheless, the marriage is by and large recognized across the country through the Full Faith and Credit Clause of the US Constitution. In some occasions, as is the case with same-sex marriages, other states may not recognize a marriage license from another state. Some believe that the requirements for a marriage license for same sex couples are unnecessary and/or immoral. Marriage licenses have also been the subject of debate for affected minorities. Perhaps most notably, California’s Proposition 8 has been the subject of heavy criticism by advocates of same-sex marriage including the lesbian, gay, bisexual, and transgender community whose ability to marry is often limited by state regulations.

Although for many, marriage is a religious ceremony in which a man and a woman make a covenant of marriage before God, marriage is also recognized and regulated by society as an institution that benefits society through procreation and familial stability. Most law relating to marriage is made at the state and local level. States normally regulate who may get married to whom, whether mandatory medical tests are required, and whether a waiting period is required. A county or city clerk generally issues licenses to marry on the application of a qualifying couple. (Sekulow)

In the United States, all but one state requires that a couple be 18 in order to marry without parental permission. Nebraska sets the age of majority at 19. Although a few states will waive this requirement if there is a pregnancy, the couple may still have to have court approval. Marriage requires two consenting people. If either person cannot or does not comprehend marriage as a means of mental illness, drugs, alcohol, or other factors, then that person does not have the mental capacity necessary to consent and the marriage is not lawful. It is required that both consenting adults are not close blood relatives in order to obtain a marriage license. Close blood relatives cannot join in matrimony, although in some states, first cousins can. Attributable to the rise in HIV and AIDS, many states now oblige that parties applying for a marital license must be offered an HIV test and/or must be provided with information on AIDS and tests available.

The discrimination towards homosexual couples has since increased throughout the years. The most profound discrimination being ruling out a couple’s right to live their life freely hence, marrying who they feel. In 1993, the Supreme Court of Hawaii issued a decision 1 that forced the question of same-sex marriage from the hinterland of academic speculation to the front pages of newspapers all over the country. The nation was stunned when the court in Baehr v. Lewin held that same-sex marriage might be compelled by the state constitution of Hawaii. 2 Many argued that Hawaii would become a destination state for gay and lesbian weddings, after which the couples would return to their home states and demand recognition under the Full Faith and Credit Clause. 3 One state – Utah – responded to this alleged threat by passing a statute that clearly expressed opposition to same-sex marriage. 4 The federal government responded to the decision by passing the Defense of Marriage Act (DOMA), which accomplishes two goals: (1) the Act defines marriage as a union between a man and a woman for purposes of federal law, and (2) it affirms the states’ right to refuse to recognize same-sex unions contracted in foreign jurisdictions (Graham). In 1996, to help defend one-man, one-woman marriage from efforts to redefine it, the U.S. Congress overwhelmingly passed – and President Bill Clinton signed — the “Defense of Marriage Act.” It 1) defined marriage in federal law; and, 2) enabled states — even in the face of claims made pursuant to the Full Faith and Credit Clause — to decline to recognize same-sex marriages from other states. The act defined marriage as follows: in 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. 1 U.S.C. 7.

The Defense of Marriage Act also affirms the power of each state to make its own decision as to whether it will accept or reject same-sex marriages created in other jurisdictions. The Full Faith and Credit Statute were amended to include this provision:

No State, territory, or possession of the United States, or Indian tribe, shall be required to give effect to any public act, record, or judicial proceeding of any other State, territory, possession, or tribe respecting a relationship between persons of the same sex that is treated as a marriage under the laws of such other State, territory, possession, or tribe, or a right or claim arising from such relationship. 28 U.S.C. 1738C.

Any attempt to repeal either of the two DoMA sections will have significant implications. Repeal of the first section would eliminate (1 U.S.C. 7) the uniform definition of marriage across federal statutes and programs. Repeal of the second component (28 U.S.C. 1738C) would make it much more difficult for a State to refuse to recognize same-sex marriages from other States. All efforts — either by legislative or judicial body — to repeal or nullify DOMA should be rejected as being hostile to the preservation of marriage in the United States.

Before the Constitutional Convention in 1787, relations between the States were not ideal. To reduce tensions, the new Constitution contained a provision, the “Full Faith and Credit Clause,” which states:

Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof. (Article IV, sec. 1)

In 1790, Congress acted to put the provision into effect by enacting the “Full Faith and Credit Statute.” Amended most recently in 1948, it provides, in part, that properly authenticated “… Acts, records and judicial proceedings or copies thereof … shall have the same full faith and credit in every court within the United States and its Territories and Possessions as they have by law or usage in the courts of such State, Territory or Possession from which they are taken.” 28 U.S.C.  1738.

Society has painted this vivid immoral picture that there is nothing wrong with mistreating homosexuals because they are different. Marriage is an institution created by the law but has now been regulated by the law. Marriage is a basic civil right even thou it is not mentioned in the constitution. The government’s authorization over such unions should have a limit. Denying marriage to same-sex couples removes from one group a fundamental, important human right — the right to marry the person that one loves and to whom one has made a commitment. That is unfair and unjust in a democracy. (Robinson)

In June, 1958 two residents of Virginia — Mildred Jeter, a black woman, and Richard Loving, a white man — went to the District of Columbia and were married, after which they returned to Virginia and established a home. Five weeks later, the Lovings were charged with violating Virginia’s ban on interracial marriages. On January 6, 1959, they pleaded guilty and were sentenced to one year in jail. Their sentence, however, was suspended for a 25 year period on the condition that they leave Virginia and not return together for 25 years. According to the trial judge:

Almighty God created the races white, black, yellow, malay and red, and he placed them on separate continents. And but for the interference with his arrangement there would be no cause for such marriages. The fact that he separated the races shows that he did not intend for the races to mix.

The couple eventually wrote to Attorney General Robert F. Kennedy in attempts to get assistance. The Supreme Court ruled unanimously that the Virginia Racial Integrity Act which stated that: If any white person intermarry with a colored person, or any colored person intermarry with a white person, he shall be guilty of a felony and shall be punished by confinement in the penitentiary for not lass than one nor more than five years, violated the Equal Protection and Due Process Clauses of the 14th Amendment. The Court had previously been hesitant to address this issue, fearing that striking down such laws so soon after striking down segregation would only further inflame resistance in the South to racial equality. Although a right to marry is not listed in the Constitution, the Court held that such a right is covered under the Fourteenth Amendment because such decisions are fundamental to our survival and our consciences. As such, they must necessarily reside with the individual rather than with the state.

This myth has been created that same sex marriage would disrupt the foundation of society. Society has already been disrupted by violence, divorce, and teenage problems. The strength of society depends on the strengths of the individuals not myths. It is said that same sex marriage violates the Equal Protection Clause. In reality, rights are held by individuals, not by couples. This means that people of homosexual orientation have exactly the same marriage rights as heterosexuals. The great enemy of the traditional family in the United States today is not the desire of gay couples to get married; it is the failure of heterosexual couples to get married and stay married. While the country was busy debating same-sex marriage, the number of cohabiting couples doubled. Because of cohabitation, divorce and single parenthood, a third of children today do not live with two married parents — an ominous trend that began decades before same-sex marriage came along.

Letting people marry freely gives them the right to be happy, gay straight or otherwise. The divorce rate is so high that maybe same sex marriage can bring that number back down and make marriage something that is an idea that people look forward to and not one the people worry about.

People have come to believe that marriage is a church affair and not a civil union. And since it is unconstitutional to deny equal civil rights to citizens, it is unconstitutional to deny to homosexual couples the right to marry. Many people still go on the idea of what is in the bible, the idea that marriage is between a man and a woman. Churches, synagogues, and mosques may bless marriages but they do not create the institution. In that sense the question of marriage is not first of all a religious matter in the sense in which most people use the word “religion.” Some faiths consider marriage an aid to religious instruction. Some call it an expression of committed love. Others say it is mainly for raising children. In some Christian faiths marriage is a sacrament, in others it is not. But whether one agrees with someone else’s definition of marriage (or baptism, or sacrament, or communion) one must respect everyone’s Constitutional rights of free speech and free exercise of religion. (Religious Support for Equal Marriage Rights)

Many people are under the impression that the reason people many is to produce children, however there are a great number of people that are married in the world and never have nor do they want children.

Same sex marriage is not erroneous. Homosexual couples should have their freedom to choose their own way of life. Homosexual parents do not have a big of an impact on children. The effect on the children depends on the actions and behaviors of the parents. My definition of marriage is the union of two people who are in love and agrees to bind together legally.