Gay and Lesbian Couples Rights - Literature review Example

Gay/Lesbian Couples Rights Introduction Gay marriages have been legalized in thirty-seven states in the United States by this date. There are, however, thirteen states in America that have banned gay marriages and declared them unconstitutional. The changes have been either through the law or amendments to the Constitution. There have been many campaigns and events to give the same sex couples the same privileges as the heterosexual couples. The campaigns for the LGBT rights are all over the world with concentration mainly in America. The question still begs, should same sex marriages be legalized all over the world? Should LGBT couples enjoy the same rights as the heterosexual couples? The essay will argue the pros and cons of the same sex marriages and their rights. Review of Literature The first legal gay marriage in the world took place on April 1, 2001 in the Netherlands and was conducted by the Mayor of Amsterdam. The whole event was on television and involved one woman and three men. The first same-sex marriage was on May 17, 2004 in Cambridge, MA (David, 2009). The marriage was between Marcia Kadish, who is an employment manager at an engineering firm and Tanya McCloskey, working as a massage therapist. Estimation by the Congressional Budget Office on December 17, 2009 suggests that an extension of employment benefits to gay/lesbian couples of federal employees would cost the government much money (Glenn, 2009). The government would have to budget for 596 million dollars in mandatory spending, and 302 million dollars will be for discretionary spending between 2010 and 2019. An analysis by the New York Times on Oct. 2, 2009 estimated that denying married gay/lesbian couples benefits will cause an additional 41,196 dollars in expenses compared to married heterosexual couples (Glenn, 2009). It would happen in their lifetimes. Traditional churches like Catholic, Anglican, Methodist, Southern Baptist church all oppose same-sex marriages and couples. Discussion (Findings) Denying the same sex couples to marry is a discriminating act and thus treating the people like second-class citizens. The Florida State gay marriage ban was ruled unconstitutional by Judge Sarah Zabel on July 25, 2014 at Miami-Dade County Circuit Court. The judge stated that the prohibition was only there to hurt, discriminate and deprive gay/lesbian couples and their families dignities that the heterosexual couples enjoy. It was therefore labeling and treating the same sex couples as a second class. America has always fought discrimination since the African American time (Cunningham, 2013). No one should go through discrimination against because of their sexual preference. There has been a fight against racial discrimination, discrimination against women, immigrants and people with disabilities. Americans have joined hands to support each other against such forms of discrimination, thus they should also fight for gay/lesbian rights. Many judges have overturned the ban on same-sex marriages on the basis of discrimination against a minority group that has an immutable characteristic. The discrimination is because of one’s sex. A woman can marry a man simply because of her sex, but a man cannot marry a man because they are of the same sex. There has been a numerous gay rights movement in America that can be traced back to 1969 during the Stonewall Riots. There were several police raids on gay bars and the people decided to riot after police raided the Stonewall Inn in New York City at around 3 a.m. It was one of the many riots that the LBGT community has had over the years. The protest went on for many days as it was illegal to have gay sex in all the states except Illinois. The gay community has been fighting over the years for visibility and personal liberation. There have been numerous progresses and the ban on same-sex marriages has been lifted in several states. Fig. 1 shows the timeline and progress of Same-Sex Marriage Bans and Legalizations by the law in the States of America. The HIV/AIDS scourge in the 1980s increased homophobia as it was believed to cause and spread the disease. Openly gay congressmen made it easy for the people to start accepting the gay community. The country is slowly accepting that same-sex couples should be given the same rights and privileges as the heterosexual couples. The states in America cannot ban same-sex marriages without coming up with a valid reason for their argument. Fig. 1 - Timeline of Same-Sex Marriage Bans and Legalizations by Law Gay/lesbian couples were denied by the government in 1996 during President Clinton’s time protection by the federal government and the benefits that the heterosexual couples were enjoying. Same-sex couples had no rights and benefits to medical healthcare and other benefits of marriage. The Vermont Supreme Court, however, on December 20, 1999, ruled unanimously in favor of the gay/lesbian couples in the Baker v. Vermont case. The judges ruled that the same-sex couples should have the same rights, benefits and protection as heterosexual couples. Vermont then became the first state in America to institute civil unions. The same-sex marriages now had the same rights as the heterosexual couples but did not call it marriage. There are 1,138 rights, benefits and protections that are available to the married couples in federal law (Jeffrey and Warren, 2000). The benefits available only to married couples include; hospital visitation when the partner is ill, they can fill a joint tax return to ease a tax burden, and access to family health covers. Other benefits are, US residency for partners from other countries, inheritance rights if the partner dies, and bereavement leave. Spousal and child support protection in case the marriage ends, and custody of the children are protection given to married couples. These are the rights and privileges the same sex couples have been fighting for until it became legal in 33 states in America. Fig. 2 shows the America gay marriage polls, from 1988 to 2010 and how people are accepting the changes. Fig. 2 – America gay polls trends from 1988-2010. The ‘traditional marriage’ concept has changed over time. The definition of marriage being that between a man and a woman only has changed over time and is historically inaccurate. Monogamous households were a tiny portion of the total world population until the past two centuries (Neilands, 2010). They were in the Western part of Europe and a little part of America. Polygamous marriages have been widespread throughout the history of time. There were other marriages that were illegal a long time ago like interracial marriages. There was a marriage ban in more than half of the states in America up to 1950s. Same-sex unions are believed to have been common in the world until the 13th century, according to some scholars (Graham, 2013). The ceremonies were in various churches and the union, then sealed with a kiss between the two people performing the union. The fact that gay unions have been there since a long time ago and monogamous marriage and interracial marriages just recently, no one should say gay marriage is against traditions. Polygamous marriages and according to some scholars gay unions are the ones that were traditional before the 13th century. People should, therefore, embrace gay marriages and couples and stop using tradition as a reason not to embrace the marriages. The United States of America constitutional commitments to equality and liberty protects gay marriages. In 1974, during the Cleveland Board of Education v. LaFleur case, there was a 7-2 ruling by the United States Supreme Court. It was concerning the freedom of personal choice in matters concerning marriage and family life as one of the liberties that Due Process Clause protects. District Judge Vaughn Walker on Aug. 4, 2010 wrote that banning gay marriage in California was against the constitution under the Equal Protection Clause and Due Process Clause of the Constitution. The Due Process Clause on both of its fifth and fourteenth arrangements states; Deprivation of life should not happen to any person, property or liberty without the consent of United States Law (Trames, 2013). The Equal Protection Clause in its 14th Amendment states; there should be no denying any person, equal protection of the laws within its jurisdiction. In addition, marriage is a universally recognized right of each human being. It is a right for every person. The rights are for everyone of age, regardless of race, nationality or religion. They also have a right to form a family. Amnesty International says the non-discrimination principle regarding marriage has an interpretation by different UN treaty bodies and other human rights bodies as protecting everyone regardless of sexual orientation or gender. The non-discrimination of human beings on grounds of sexual orientation is, therefore, an internationally recognized right and principle. On June 26, 2013, the United States Supreme Court declared part of the federal Defense of Marriage Act (DOMA) unconstitutional. The case of United States v. Windsor was a 5-4 decision. It defined marriage as a legal union that is between a man and a woman only. The decision by the Supreme Court allowed same-sex couples to receive federal benefits same as those granted to heterosexual married couples, which includes pension rights and tax breaks. Gay marriages are now legal in many of the states in America, and the couples get to enjoy several benefits that only the heterosexual couples used to enjoy (Farr, 2010). As of today, 17 countries in the world out of 194 countries allow same-sex marriages. Netherlands was the first country to allow the gay/lesbian marriages in 2001. United States followed suit in 2004. Most of the states in America now recognize same-sex marriages from amendments and court rulings in 2013 and 2014 (Gotta, 2011). Same-sex marriages are also a civil right. On May 21, 2012, NAACP named same-sex marriage as one of the civil rights that people are struggling with in our time. There are several court rulings that say marriage is a civil right to a man alongside the discrimination against employment and rights to women. There is a high misconception of marriage being only for procreation. Couples who are unable to conceive or couples who do not wish to get pregnant would never marry if it were about procreation. Studies show that 30% of United States households do not have children and do not want to procreate (DErcole, 2013). There are 6% of married couples are infertile and cannot have children. Married people and unmarried people rated love, companionship, and commitment as a reason to getting married rather than having children. Gay marriages are not solely for having children, although some of the couples adopt children (Hartwell, 2012). Gay marriages can be advantageous to the federal states by bringing financial gain. The marriages can help boost the economy of both local government and federal state from the marriage licenses, decreases in the costs of state benefits programs and higher income taxes. The New York City Mayor, in July 2012 announced that gay marriage had contributed 259 million dollars to the citys economy since it became legal in New York in July 2011. The gay/lesbian wedding expenditures have also added a ton of money to the US economy (Stewart, 2003). Same-sex weddings added approximately 111million dollars over a period of five years to the California states economy in 2012 according to Williams Institute. Implication for future research There has been major progress in the gay/lesbian community study and their rights. There have been several books and journals that follow the journey from the time the struggle began to this time where there has been a breakthrough. Same-sex couples are allowed to get married in many states in the US. Future research on the issue regarding the rights and benefits of the gay/lesbian community will add a little knowledge to the already made discoveries. The research will, therefore, have a lot of reference materials on their paper. Conclusion Same-sex couples have been fighting for their rights to equality as the heterosexual marriages since the mid-1970s. There has been massive progress to the group as same-sex marriages now recognized in more than half of the states in United States. That heterosexual couples enjoy should be given to the homosexual couples as well. The Reference Primary Sources David E. N. (2009). Gay and Lesbian Rights: A Reference Handbook: A Reference Handbook, Second Edition. California: ABC-CLIO. DErcole, Ann. (2013). Uncoupling Convention Psychoanalytic Approaches to Same-Sex Couples and Families. London: Routledge. Glenn H. U. (2009). Culture Wars in America A Documentary and Reference Guide. London: Routledge. Gotta, G et al. (2011). Heterosexual, Lesbian, and Gay Male Relationships: A Comparison of Couples in 1975 and 2000. 50: 353–376. Jeffrey M. A. and Warren H. J. (2000). Handbook of Interpersonal Commitment and Relationship Stability (Perspectives on Individual Differences. New York: Springer US Stewart, Chuck. (2003). Gay and Lesbian Issues: A Reference Handbook (Contemporary World Issues). California: ABC-CLIO Secondary Sources Azzolina, David (2004). Same-Sex Marriage in the United States: Focus on the Facts/The Gay and Lesbian Atlas (Book). University of Pennsylvania Library, Philadelphia Library Journal, 20-28. Cunningham, Emily (2013). Induced disgust affects implicit and explicit responses toward gay men and lesbians. European Journal of Social Psychology, 20-37. Farr, Rachel. (2010). Gay, Lesbian, and Heterosexual Adoptive Parents: Couple and Relationship Issues. H. Journal of GLBT Family Studies, 14(2), 20-42. Graham, J. M. (2013). Stress and Social Support in Gay, Lesbian, and Heterosexual Couples: Direct Effects and Buffering Models. Journal of Family Psychology, (2), 10-18. Hartwell, E. (2012). Coming Out of the Dark: Content Analysis of Articles Pertaining to Gay, Lesbian, and Bisexual Issues in Couple and Family Therapy Journals. Journal of Marital & Family Therapy, 27(2), 1-8. Neilands, T. B. (2010). Development and Validation of the Sexual Agreement Investment Scale. Journal of Sex Research, 1-8. Trames, M. E. (2013). Areas of Conflict in the Intimate Couple: Meza-de-Luna. Journal of the Humanities & Social Sciences, 13-40. Read More