Legalization of same-sex marriages

Introduction

Same-sex marriage is a term used to describe a legally or socially recognized marriage between two people of the same sex. Other terms used to describe this type of recognition include gay marriage, gender-neutral marriage, or marriage equality1. Some country allows a civil union but not the marriage. Civil Union is a unregistered partnership but this is not highly promoted in every country. Those who oppose same-sex marriages often base their opposition on the perceived societal impact of same-sex marriages, concerns about indirect consequences of same-sex marriages, parenting concerns, tradition, or religious grounds2.

Arguments Against Gay Marriage

Though many arguments against gay marriage are based in homophobia, even people who otherwise support the rights of gays and lesbians have advanced arguments against gay marriage. One main concern is that allowing two people of the same sex to marry will devalue the concept of marriage. Those against gay marriage argue that marriage is between one man and one woman and allowing gay marriage would destroy the traditional family, which defenders of this idea value.

Others argue that marriages are for procreation. This argument is related to the idea that same-sex couples are not appropriate parents and shouldn’t be allowed to assume a family structure. There are many points brought up in arguments against gay marriage. Some bring up the idea that marriage was created for the propagation of children, which the tradition of marriage doesn’t apply to gay people, that it is a heterosexual institution. Their arguments are based on the fact that gay marriages are homosexual morally wrong.

 The basic idea of marriage as a foundation of the traditional family consists of a mother, a father, and children. It is feared that gay marriage will destroy this structure ignoring the fact that the structure of the family has been steadily changing since the mid-50s, as single-parent and diverse families grow in numbers in every country.

States Against Marriage in the US

The opposition to gay marriage varies from county to county in each state, but repeated legal battles have shown that the strength to ban or approve gay marriage ultimately lies with each state’s government. Nineteen states – Alaska, Nevada, Montana, Oregon, Utah, Nebraska, Missouri, Michigan, North Dakota, Ohio, Kentucky, Oklahoma, Kansas, Louisiana, Arkansas, Georgia, Mississippi, Texas and Alabama – have explicitly banned the recognition of same-sex marriage, defining marriage as a legal union between one man and one woman only. In Texas, Florida, Ohio and Kansas, marriages where one partner was a post-operative transsexual have been voided by the ban on same-sex marriage.

It is possible for gay marriage to be banned altogether in the US via federal law. In May 2006, Republicans put forward a Federal Marriage Amendment, an amendment that would prevent states from recognizing gay marriages. The amendment was ultimately defeated in the United States Senate, but without federal legislation supporting gay marriage, a similar law may be introduced in the future.

The religious and moral beliefs of a country tend to inform that country’s stand on gay marriage. Although many religions allow gay members, very few will conduct gay marriage ceremonies. Anti-discrimination laws further complicate the matter, as a government’s failure to allow gay marriage is not considered discrimination in most courts.

Anti-Gay Marriage

It is surprising how many people are anti-gay marriages, and what their reasons are. Some consider themselves as open-minded, but think of marriage as an inherently heterosexual institution. Many do not understand why gays and lesbians want the right to be married, or how it affects their lives.

People from all sections of society have spoken out against gay marriage. Groups opposed to gay rights also argue against same-sex marriage – in the 1980s the British Conservative Party was persuaded by such groups to enact a law to ban public schools from “promoting homosexuality” or endorsing same-sex marriages.

History of Anti-Gay Marriage

The topic of gay marriage has only recently become a widely-debated issue. Gay couples began to demand equal civil rights, including the right to the legal protections of marriage, in the early 1970s. But public comment against gay marriage didn’t begin until material moves toward legalizing the act were made. As a consequence, anti-gay marriage arguments have been mostly reactionary, with groups protesting any step made toward legalizing gay marriage.

The first legally recognized same-sex partnership was in Denmark in 1989, but the first legal gay marriage wasn’t until 2001, in the Netherlands. Since then, countries and states within countries have reacted to gay marriages conducted in other countries by passing laws that prevent foreign gay marriages from being recognized.

It was only recently that homosexuality has been decriminalized in many countries. Romania repealed its last anti-gay law in 2001 and many African countries as well as some countries in Asia still have laws against homosexuality. In the US, San Francisco marriages conducted in 2004 during a brief period of rebellion against state law were later declared void by the state of California. Washington State banned gay marriage in the Defense of Marriage Act 1998, and reinforced the act in 2001.

Publicity surrounding the issue has forced churches to take a public stand on gay marriage. Normally a tolerant church, the Anglican Church held a convention to discuss gay marriage and tolerance toward homosexuality. The church ruled that gay marriages were against its teachings and distanced itself from church members who support gay rights.

Laws Against Gay Marriage

As traditional marriage has been between a man and a woman, there are not many laws actively prohibiting same-sex marriages. People who wish to marry must satisfy the requirements for the legal act, which includes getting approval from the government, or nearest source of legal decision, and generally requires one man and one woman.

However, gay couples have challenged the flexibility of existing marriage laws by getting married and petitioning the court to admit their marriage’s legality. In court, couples are able to argue that existing legislation does not specifically state that marriage must be between one man and one woman, or, if it does, that this is a discriminatory law.

Most of these cases have failed. When the couples have succeeded, local authorities are forced to allow same-sex marriage within their jurisdiction to avoid discrimination, and this is the way that many of the 10 applicable states came to allow same-sex civil unions. Countries and states have recently focused on passing laws that ban same-sex marriages conducted in other places from being recognized in their area.
For example, Australia recently passed the Marriage Legislation Bill 2004, which prevents gay marriages conducted in another country from being recognized in Australia. In the US, 19 states have banned gay marriage, and 43 have passed legislation defining marriage as between one man and one woman3.

Conclusion

The people spoke their own point of view about the issue of legalizing such marriage. Their own ideas were divided respectively, whether they will promote the gay marriage or stand against it. The arguments aren’t over especially in the countries that have a religious grounds tradition. Most of the people who stand against the gay marriage, gives the morality and traditional reason concerning to the true value of marriage.

The legalization of same-sex marriages will open the door for the legalization of polygamy that recognition of same-sex marriages would erode religious freedoms and that same-sex marriages deprive children of either a mother or a father. Other opponents contend that the legalization of same-sex marriages, by altering the traditional definition of marriage, would harm the family and society as a whole.

The debate regarding same-sex marriages includes debate based upon social viewpoints as well as debate based on majority rules i.e. will of the people, religious convictions, economic arguments, health-related concerns, and a variety of other issues4.

 

 

 

 

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