Should gay marriage be legalized - Research Paper Example

Topic: Lecturer: Presentation: Introduction Marriage is the central experience in the lives of most Americans. The central question that needs to be answered is what is marriage? Is there a criterion that defines who should and who should not get married? According to Snyder marriage consists of four components: personal bond, community-recognition, religious rite and civil contract (16). Depending on what individuals believe a marriage to be, they can make deductions whether people of the same sex should be allowed to get married. The U.S constitution grants equal rights to all citizens regardless of gender, race, religion or sexual orientation. The gay being U.S citizens therefore have equal rights as the heterosexuals but unfortunately, when it comes to the issue of marriage this category of individuals is often discriminated against. This paper will be to give insight into the debate of legalizing gay marriage and to support the notion that gay marriage should be legalized. The United States constitution guarantees all citizens equal rights regardless of gender, sex, religion, race or sexual orientation and therefore, denying people of same-sex the right to get married is a violation of the constitution (Lamanna and Riedmann, 201). As stipulated in the constitution, everyone has a right to liberty, freedom and equality provided in the exercise of such rights one does not cause damage or harm to other people. The gay people in engaging in marriage are only exercising the right and their behavior does not cause harm to anybody. Despite the fundamental principles not only allowing but also requiring legalization of same-sex marriage, some people still insist that same-sex couples should not be accorded equal right to marry. They forget that gays are human beings just like other people such as the heterosexuals and as such should be treated equally. The democrats and republicans often advocate equal rights for gay and lesbians such as the right to proper housing, government benefits, employment and legal protections. However, when it comes to marriage they strongly oppose such an idea (Lopez, 2). The democrats even go ahead to support the inclusion of gay and lesbian families in the life of our nation and seek equal responsibility. Opposing the right to marry is thus a contradiction to the party’s commitment to legal equality and non discrimination (Snyder, 8). It makes no sense to support good cause for the gay and their families but refuse to acknowledge their right to marry and to live happily. Why do people get married? This is a question that has as many answers as the varied views and beliefs of the society. People marry for different reasons such as love, companionship and procreation but it is assumed that most people marry for love. According to Lopez, “love is wonderful and as such all people are free to express it and it would be selfish to confine the expression of love within a male-female relationship” (2). It is evident that there are gays and lesbians who live together happily and express their love for each other despite much criticism. Isn’t it right to allow such individuals to legalize their marriage and enjoy the benefits that accrue to married couples such as social security benefits arising from death of one partner? It certainly is. Marriage is not only for procreation purposes, if it were so, there would be no need for adoption. Gay couples have shown that they can also take care of children and denying them the right to adopt like other married couple is unfair and against the principle of equality (Cherlin, 851). By being allowed to get married, they can gain the right to adopt a child and live a happy life. Some people argue that gays cannot form a lasting relationship but as stated earlier that has been proven wrong. Gays are normal people capable of honoring their promises and capable of establishing a family hence should be left to exercise their rights. The legalization of gay marriage in America may be shocking to some as it is a new phenomenon but in other countries such a practice is acceptable and has been legalized so why not in U.S. Legalizing gay marriage gives them equal rights as envisaged in the constitution. In 2008, gay marriage was legal in Belgium, Canada, Netherlands and South Africa (Carroll, 236). Carroll also asserts that there has been increased support of legal recognition for same-sex couples over the past decade. For example, a 2008 CBS News poll showed that majority of Americans think that there should be some legal recognition of gay and lesbian couples while 30% approved gay marriage and 28% were for civil union (236). As a democratic government that listens to the will of its people, America should thus legalize gay marriage. America is a Liberal democracy thus individuals are free to pursue their own self-interest with little or no government intervention. A liberal democracy is based on the principles of liberty, equality, individual self-determination and equal opportunity and the role of the government is to ensure a level playing field so that all can enjoy real opportunities (Snyder, 4). The gay should therefore, be allowed to enjoy their freedom by getting married. Sexual orientation should not be used as a basis to deny some individuals their liberty. Legal marriage is used in the U.S as the basis for benefits entitlements. The US general accounting office shows more than a thousand federal laws in which marital status is a factor (Lamanna and Riedmann (201). Denying the gay right to get married is denying them those benefits thus making the playing field unfair. This amounts to marginalization of the gay people. Benefits accrued to married couples include adoption rights, social security survivor benefits, inheritance and the right of an immigrant spouse of U.S citizen to become US citizen. Opponents of legalization of gay marriage argue that legalizing it would “weaken an institution already threatened by single-parent families, cohabitation and divorce” (Lamanna and Riedmann, 201). However, Cherlin argues that the institution of marriage is not constant but changes with time thus undergoing deinstitutionalization as a result of cultural change (860). Early societies regarded marriage as a community affair which did not require government intervention. The union between two people was thus binding and respected without consideration of legality. Today, most communities engage in Christian marriages in the belief that marriage is sacred and ordained by God. This is what has resulted in controversies between the state and the church regarding marriage status. For the church, marriage is a religious rite and it is immoral for people of same-sex to engage in such union. On the other hand, the state considers marriage a civil contract and all people should have access to civil marriage regardless of sexual orientation (Snyder, 12). There is thus a great opposition by the churches to legalization of gay marriage on moral grounds. The state is at a loss whether to uphold the constitution by guaranteeing legal equality or to deny some people rights based on situations. Snyder proposes that the solution to this dilemma is to separate the church from the state hence legalize gay marriage. Proponents for gay marriage may argue that even in the bible, Jesus did not give direction as to marriage between same-sex couples. He was only critical of divorce and not other aspects of marriage. It is thus only fair to allow the gay to marry and support each other just like normal couples do. Some opponents argue that gay marriage would lead to all sorts of people such as children to demand the right to marry. However, this criticism is unfounded since there are other principles to be put into consideration such as the legal marriage age. While proponents argue for legalizing marriage in order to get adoption rights and consequently help the needy children opponents argue that it would result in many children being raised in unsuitable environment. Such children are at higher risk of sexual activity and teenage pregnancy. Reports indicate that 25% young adults raised by lesbian mothers had engaged in homoerotic relationship compared to 0% of those raised by heterosexuals (ProCon. org). Though this criticism I founded, the fact remains that a lot of children benefit from adoption and according to Lamanna and Riedmann (202) children of same-sex couples view legalization as giving them security and comfort. Conclusion Should gay marriage be legalized? This is a question that has prompted much debate in the U.S in recent years. Though the constitution guarantees equal rights under the law, some people still feel that gay marriage should not be legalized. They feel that it will lead to a slippery slope to other forms of marriage such as polygamous marriages. They also argue that it leads to high risk of teenage pregnancy, unnecessary use of tax on something wrong and will further weaken the institution of marriage. Proponents on the other hand feel that gay people are just like other human beings and have equal rights thus it is unconstitutional not to legalize their marriage. It is also a key to acquire benefits enjoyed by heterosexual couples such as adoption rights, social security insurance and tax exemptions. Furthermore, America is a liberal democracy where the will of citizens prevails and the majority are for legalization of gay marriage. For democracy to exist, laws must be applied equally to all citizens. Besides, the gay should be given their right to express their love and to lead a happy life just like heterosexuals. In light of this, gay marriage should be legalized. Works Cited Cherlin andrew J. "The Deinstitutionalization of American Marriage." Journal of Marriage and Family 66.4 (2004):848-861. Print Carroll, Jannell L. Sexuality Now: Embracing Diversity. 3rd ed. Belmont, CA: Wadsworth, 2009. Print Lamanna, Mary A and Riedmann, Agnes. Marriages and Families: Making Choices in a Diverse Society.10th ed. Belmont, CA: Thomson Wadsworth, 2009. Print Lopez, Rex. Should Gay Marriage be legalized? Germany: GRIN Verlag, 2007. Print ProCon. “Gay Marriage: Should Gay Marriage be Legal?” 28 Sept 2012. Web http://www.gaymarriage.procon.org Snyder, Claire R. Gay Marriage and Democracy: Equality for All. Lanham, Maryland: Rowman and Littlefield, 2006. Print Read More