The Gay Marriage Debate - Literature review Example

The Gay Marriage Debate Introduction Gay marriage or same-sex marriages refer to the marriage or union between people of the same sex. Historically, some cultures have records of same sex unions while other cultures have totally distanced themselves from same sex marriage. The laws recognizing same sex marriage or unions have only come up in the 21st century where almost twenty countries have constitutionally recognized gay marriages. Such has been seen as progress for gay rights activists, but there remains a contention regarding whether the law should recognize gay marriage, giving rise to a recurrent social and political debate. Though this debate has largely occurred in social circles, it has permeated every aspect of society to become a political, religious, human rights, social, and civil rights issue in different nationalities. The importance of recognizing same-sex marriage under the law is for purposes of providing government services to same-sex couples who can also make certain demands afforded to opposite-sex couples in marriage. Recognizing same-sex marriage under the law also extends other rights to this group such as legal protections, hospital visitation rights, and even inheritance. Within the United States, 36 states have legalized same-sex marriage where couples can enjoy the federal benefits of marriage. States that have legalized gay marriages still receive widespread dissent on this issue from their population. This paper explores the debate on gay marriage analyzing the pros and cons of whether gay marriage should be legalized, and the relationship between gay marriage and democracy. The gay rights movement Gay rights activism began in 1969 after a police raid in a Stonewall Inn. Police raids in gay bars may have been common at this time, but gays and lesbians in Stonewall fought back resulting in several days of protests. Following these riots, a political movement for the rights of gays was borne at a time when only Illinois had legalized homosexual sex. From 1969 to 1974, gay rights organizations grew from around 50 to almost 1000, where gay rights activism gained prominence for fighting for personal liberation than access to the marriage institution (Gregory 2). At this time, some individuals in the gay community considered marriage as ‘heterosexist’ and were thus concerned only with the achievement of equity and freedom. A breakthrough for gay activism was achieved in 1973 when the American Psychologist Association noted that homosexuality was a mental disorder. With the new view that homosexuality was not a choice but a state (Dicker 2), the gay community gained wide visibility in the American community, but also attracted backlash from opponents of gay rights. Anita Bryant, a former Miss Oklahoma, was one prominent individual against gay rights where she founded the Save Our Children group that repealed ordinances against discrimination based on sexual orientation. On the gay community side, Congressman Gerry Studs became the first openly gay public figure in 1983 when attitudes towards the gays were shifting. The contemporary debate on gay marriage began after Hawaii’s Supreme Court ruling of May 1993 that the state had the authority to ban same-sex marriage without a compelling reason. With mixed reactions from this ruling, the case was referred to a lower court but a constitutional amendment banning same-sex marriage was approved before the settling of a ruling by the court. This issue garnered national attention prompting over 40 states to pass the Defense of Marriage Acts (DOMA) in 1996 (Wolfson Para 3), where the act defined marriage as the union between a woman and man. The act thus withheld certain protections from couples in gay marriages while upholding these protections for opposite-sex unions. In 1999, the Supreme Court of Vermont in Baker v. Vermont ruled that gay couples had equal rights, benefits, and protections as heterosexual couples. Vermont would later become the first U.S state to institute civil unions and extended equal rights as heterosexuals to the gay couples. The first gay marriage under the law was between McCloskey and Kadish in Cambridge Massachusetts on May 17, 2004. By 2004, gay marriage had been banned in only four states but by 2010, 30 states had already instituted constitutional bans on gay marriages. As of 2014, the support for gay-marriage had surged to 59 percent, which was a 27 percent increase from 2004 (Dicker 1). Proponents of gay marriage As the debate on gay marriages rages on and as states are mixed up in the legalization or banning of same-sex marriages, the issue has garnered opponents and proponents on legalization of gay marriage in equal measure. The proponents of gay marriage insist that the denial of some citizens the right to marry is a discrimination and the creation of second class citizens as well as denying them the right to participate in society’s fundamental institution that is marriage. According to the United States Constitution, marriage is a fundamental right and this has been proved in the cases of Turner v. Safley, and Meyer v. Nebraska (Synder 2) that have seen the Supreme Court rule in favor of gay-marriages. Synder opines that the United States Constitution allows and requires for the legalization of same-sex marriage, because democracy calls for equality among all citizens (Synder 2). Such equality comes to be only with the enforcing of the rule of law that applies to all citizens in equality, but the issue of gay marriages has been reduced to a majority rule process. Synder continues to note that equality is an important part of democracy such that if a nation begins disenfranchising its citizens, it should no longer claim to be democratic (21). Just as there are no second-class citizens, there should be no second-class marriages (Wolfson Para 6). As proponents of gay marriage continue to connect gay marriage to democracy and equality, they also argue that the traditional institution of marriage has changed over time and should be viewed as such. These arguments come from the background of same sex marriage opponents who claim that legalizing gay marriage transcends above the traditional view of marriage as a union between man and woman. The Republican Party has often based part of its campaign on banning same sex marriage as an uphold of the traditional view of marriage but has received opposition from its contemporaries (Openreader.org Para 3). Gay marriage is seen as a rejection of family, state, church, and civil society strictures and structures since the family will be ground into a collection of individuals. Gay marriage activists note that there is a need to uphold tradition, but even philosophers appreciate that tradition and the traditional institutions can and should change (Gerstmann 25). Marriage has over time been viewed as dual gendered by granting men and women different and unequal rights within marriage. In most parts of the Western world, these differences, such as the legally inferior position of women, have been eliminated and as such, the exclusive dual gendered marriage has been eliminated with it (Gerstmann 25). Marriage and children are inseparable, and this forms the next argument. Marriage has often times been viewed as an institution for procreation and raising children (Sprigg 1), but gay marriages lack this capability, thus bringing about dissent from heterosexists. From their arguments, proponents of gay marriage extend that marriage is not an institution for procreation only, as infertile couples or those wishing not to have children would also be barred from marriage. Siring children has never been a qualification for marriage as most married American couples without children outnumber those with children. For marriage to be a successful institution, only love, companionship, and commitment are the underlying factors. The proponents of gay marriage also extend that gay couples make good parents as revealed by Pew Research where children raised by same-sex couples scored 6 percent higher than those in the general population, with regards to family cohesion and general health (Lindsay 4). The fact that the government continues to ban same-sex marriage is likely to hurt and cause uncertainty for children that are in same-sex families. Opponents of gay marriage Opponents of gay marriage have actively campaigned and openly opposed the legalization of gay marriages with claims that the marriage institution has long been seen as the union between a man and woman. Various organizations have spun up and spent a lot of resources in ensuring that homosexuals do not get married (Openreader.org Para 4). This tradition of dual marriages has been defined in millennia and not just decades or centuries. By legalizing gay marriage, society will simply be trashing a tradition that has been shared by major religions and all governments around the world. John Harvey a Catholic priest who noted that the marriage institution has long been seen as a bodily and spiritual communion between one woman and one man (Sprigg 6) has supported such claims that distance gay marriage and traditions, as well as religion. Sprigg (2011) in his article on Same-Sex Marriage Would Lead to a Push for Polygamy argues that the future generation fundamental for the survival of society exists in children who only come from opposite-sex marriage (1). The nurturing of these children directly relates to that society’s quality of life and as such, opposite-sex marriage is the only way of insuring a healthy society. From the opponents’ perspective, marriage is for the purpose of procreation, and since gay marriages are not capable of procreation, they should not be legalized in society. By legalizing gay marriage, society is shifting from the purpose of procreation to embrace adult gratification as the purpose of marriage. Children raised by their biological parents committed to a lifelong relationship live a prosperous, healthier, and happy life than those outside such confines (Sprigg 3). In a research conducted by Bruce Ellis, girls who grow up without their fathers are at a higher risk of teenage pregnancy and sexual activity (32). Such evidence proves that children need both their biological parents for their nurturing in ways aligned to societal expectations and the functional dynamics of society. Once same-sex marriages are legalized, the movement for polyamory and polygamy will use such success as the launching pad to push for the legalizing of polygamy, thus deinstitutionalizing marriage further. Once democratic societies begin deviating from the traditional view of the marriage institution, this will form the basis of legalizing other non-traditional marriages such as bestial, polygamous, and even incestuous marriages. Homosexuals are not likely to enter into lifetime partnerships or exercise faithfulness to one partner. By legalizing gay-marriages, society will be ascribing to the incorporation of such behavior to the institution of marriage, thus leading to the decline in fidelity, commitment, and permanence (Sprigg 7). Barring same-sex marriage has not been seen as a contravention of the United States constitution but rather, opponents of gay marriage link barring of gay marriage to barring of marriage between married couples, close relatives, or child marriages. The argument against gay marriage extends to the religious view where gay marriage is seen as being contrary to the traditions of major religions, the word of God, and other sacred texts and beliefs. From a Christian perspective, Leviticus 18: 22 is against the laying with mankind as with womankind. The bible notes that this is an abomination thus homosexuality is against Christianity. In Islam, several hadiths are against gay and lesbian relationships with sayings such as Sihaq of women is zina and when a man mounts another man, God’s throne shakes (Hrc.org 4). Church leaders have often condemned gay-marriage by noting that its legalization is a threat to humanity and going against religious tradition. Conclusion The debate around gay-marriages rages on as each side is convinced that their opinions and arguments are capable of sustaining either side of the debate. Even though gay rights proponents may connect equality, democracy, and the need to legalize gay marriage, the fact that society, religion, and tradition are visibly against gay-marriage superimposes the arguments against gay marriage over the arguments for gay marriage. Religion and traditions are important drivers and reference points for societal dynamics, and as such, their principles and positions on society need not be discarded. Proponents of gay-marriage may argue that traditions are bound to change, but no tradition is subject to change to accommodate practices seen as vices and against the supporting fabric of society. The fact that the future of society is dependent on children who cannot be borne from homosexual unions further pits society against gay marriages as these unions do not envisage the future of any society. Democracy is not at risk for failing to extend equality in marriage to this platform but rather the American democracy is seeking to uphold the values that are most important and supportive of the functional dynamics of society. The 9 million gay and bisexual Americans in the US are a minority group and even though they should be accorded equal rights as other members of the American population their wants should not compromise the values that have held this society for thus far. The debate on the legalization of gay marriage will continue to rage on, but the legalization of this ‘institution’ will be a threat to the important values, strictures, and structures of society. Works Cited Dicker Ron. “Support for Gay Marriages Surges to 59 Percent, New Poll Says.” The Huffington Post, May 3, 2014. Gerstmann, Evan. Same-sex Marriage and the Constitution. Cambridge: Cambridge University, 2008. Print. Gregory M. Herek. Facts About Homosexuality and Mental Health. 2010. Web. April 22, 2015 www.ucdavis.edu Hrc.org, Stances of Faiths on LGBT Issues: Islam. 2010. Web. April 22, 2015 hrc.org Lindsey Bever. Children of Same-Sex Couples Are Happier and Healthier than Peers, Research Shows.” washingtonpost.com, 7 July, 2014. Openreader.org. The Controversy on Same-sex marriage. 2015. Web. April 22, 2015 http:// openreader.org/the-controversy-of-same-sex-marriage/ Sprigg, Peter. “Same-sex ‘Marriage’ Would Lead to a Push for Polygamy.” U.S. News, October 7, 2011. Synder, Claire. “What Does Same-Sex Marriage Have to do with Democracy?” Gay Marriage and Democracy: Equality for All. New York: Rowman & Littlefield, 2006. Wolfson, Evan. “Without Nationwide Gay Marriage, US Government Discriminates.” U.S. News, October 7, 2011. Read More