Major Issues of Gay Marriage - Research Paper Example

?Exploratory Essay The 20th century witnessed a host of civil rights challenges. To a great extent these challenges were witnessed in terms of African American and women’s equality movements. The end of segregation and increasing measures that brought women on par with men in the workplace attested to the significant progress that was achieved in these areas. While disparities in civil rights disparities remain for these groups of people, the 21st century has greatly shifted focus to new progressive challenges. In this way perhaps the most prominent issue is gay rights. One of the most controversial gay rights issues to have emerged in recent years is gay marriage, with differing groups in the country adopting conflicting stances. This essay examines the issue of gay marriage through positions on the right not to marry, the right to marry, and civil unions. One of the prominent positions on gay marriage is what has come to be referred to as the right not to marry. In regards to this position one considers that the institution of marriage affords a number of benefits, predominantly in government tax incentives. In this way individuals that marry have specific rights that place them at an advantage over non-married individuals. The right not to marry then has constituted a perspective that provides a counter-point to the benefits gained through marriage. Polikoff notes that if the right to marry is considered a right then, “– the right not to marry – should likewise be fundamental. Revived proposals to condition poverty assistance on marital status, as well as tax benefits and burdens based on marital status, would require strict judicial scrutiny” (Polikoff). In this way Polikoff has considered both the benefits gained through marriage and the perspectives on marriage as a fundamental right. She is arguing then that if the courts establish the right to marry a fundamental right for all people, including gays and lesbians, there should be a concomitant right not to marry. Ultimately, this right would benefit not only gays and lesbians, but individuals that choose to forego marriage. Another prominent position in the debate on gay marriage is the notion of the right to marry. The right to marry has long been a prominent issue, not only in gay and lesbian marriage concerns, but also in broader civil rights perspectives. In this way some of the most prominent right to marry controversies emerged during the civil rights era of the 1960s when there was significant debate over interracial marriages. Still, in the 21st century the most prominent right to marry issues have surrounded concerns over gay marriage. In this way there has been significant disparity of opinion over the extent that the constitution guarantees the right to marriage and to which groups of people. In large part this issues has been addressed at the state level. Currently, the majority of states restrict gay marriage based on the belief that marriage is between a man and a woman. Undoubtedly the belief against a blanket right to marriage for same sex couples has been influenced by prominent religious perspectives in the country. One considers that Christianity, the dominant Western religion, has opposed gay marriage; there is additionally scripture that indicates marriage should be between a man and a woman. In this way a great amount of American citizens continue to object to gay marriage based on moral reasons. Recent polling data have attested to this, noting that the highest percentage of people that oppose gay marriage have strong religious affiliations; over 77% of Protestants oppose gay marriage, and 71% of people who attend church services more than once a week oppose gay marriage (PewResearch). While religious groups are not the only sect of people that oppose the right to marry, they constitute a major oppositional position within the country on the issue. The restriction of the right to marriage, however, has been challenged in a number of notable situations. One of the most prominent cases occurred in 2003 in the state of Massachusetts with the case Goodridge vs. the Department of Public Health. Goodridge has originally been denied the right to a gay marriage based on legal precedent and law established in the state. This case was ultimately heard by the Massachusetts Supreme Court. The Massachusetts Supreme Court ruled that there was no Constitutional reason that Goodridge should not be given the right to marriage. Specifically the court indicated that the state, “failed to identify any constitutionally adequate reason" to prevent gay or lesbians from marriage; additionally the court ruled that the state legislature should "take such action as it may deem appropriate in light of this opinion” ("umkc"). While the majority of states continue to restrict gay marriage this decision constitutes a major step forward for future progressive measures. Another notable position on gay marriage is that related to civil unions. The civil union is viewed as a midway point between prohibiting gay marriage and allowing it. Specifically, the civil union upholds the belief that a marriage is between a man and a woman, however allows a union between same sex partners. The notable consideration in these regards is that civil unions would grant same sex couples many of the rights that married couples receive, specifically rights in terms of tax benefits. While originally resisted by much of the country, increasingly opinions have shifted. A recent public opinion poll noted that, “A clear majority of Americans (57%) favor allowing gay and lesbian couples to enter into legal agreements with each other that would give them many of the same rights as married couples” (PewResearch). In this way there has been a significant increase from the earlier held belief that civil unions should be outlawed. Indeed, in 2003 only 45% of the population embraced civil unions (PewResearch). The shifting opinions regarding civil unions have been correspondingly reflected in the opinions of President Barack Obama. Obama’s early stance on gay marriage and civil unions was non-committal, although he indicated that he personally supports gay marriage. Recently, President Obama indicated that, “what you're seeing is a profound recognition on the part of the American people that gays and lesbians and transgender persons are our brothers…and that they've got to be treated like every other American. And I think that principle will win out” (Curry). In this way Obama has more thoroughly embraced gay marriage. Obama’s current political stance, however, indicates that the issue of gay marriage should remain a decision made by individual states; Obama embraces civil unions. President Obama’s perspective is contrasted with current Republican Presidential candidate Mitt Romney. Romney has been open in his opposition to not only gay marriage, but also civil unions. While President Obama has personally embraced gay marriage and civil unions, Romney has indicated that he would oppose all civil unions that are the same as marriage in everything but name (Catalina). Ultimately these divergent perspectives highlight the continued divide among the American public and politicians regarding the issue of gay marriage and civil union. In conclusion, this essay has examined various positions regarding gay marriage. Specifically, the essay considered positions on the right not to marry, the right to marry, and civil unions. In terms of the right not to marry, this perspective considers individuals should be given equal treatment to others, such that laws should not be established to aid married couples. Regarding the right to marry, the essay considers that there are conflicting perspectives as to the ethical and constitutional stance on gay marriage. Finally, in terms of civil unions it is recognized that the country has increasingly come to embrace granting gays equal rights, without the title of marriage. References Catalina, Camia. "Romney opposes civil unions 'identical to marriage' ." usatoday. N.p., 2012. Web. 9 Oct 2012. Read More