Comparison between the Successes of Marriage Equality in the United States and Australia - Essay Example

Introduction The paper will be looking at marriage equality rather than same sex marriage or gay marriage since the discussion will not be looking at separate or special kind of marriage. The paper will not change marriage which means commitment; caring as well as love and the protection of loved ones (Riggs & Short, 2010). For this reason various definitions about marriage were identified, but for the concern of this research the following definition was used, “marriage is an inimitable legal status identified and bestowed by the government throughout the world”. It is all about love and commitment for the protection of loved ones. The paper is going to address a comparison between the successes of marriage equality in the United States as compared to that of less success of marriage equality in Australia. Marriage equality has been a talk of days in most countries since the people have changed towards different cultural spheres as well as religious changes that ought to purport marriage equality. Most of the countries facing marriage equality have a common stand of not supporting it as it goes against their religious as well as cultural beliefs. For example, Australia generally does not support marriage but on the other hand United States is on full support of it. The paper is going to discuss how culture and religious issues as well as how party discipline affects marriage equality in both the US and Australia. Marriage equality has been an issue in United States for decades in the US. The country has been struggling to execute different policies that could comprehend this debate and bring it to a stop. Commissions have been developed to address this problem but nothing has yielded positive results as the people of US are in support of marriage equality as compared to others from other states. On the other hand, the Australian government and the people also have been for decades in addressing the issue of marriage equality. The Australian government has a varied culture as well as different religious understanding of how to handle marriage equality. In Australia, the debate has always been on legalizing marriage equality in country that has upright religious and cultural stand that does not acknowledge marriage equality (SSM). Despite the fact that civil participation and partnership was brought on board in 2012 in United States and marked a significant step is marriage as well as relationship recognition for gay, bisexual, transgender people and lesbian, it is not in the same line with same sex marriage and thus, SSM couples and their immediate family as not seen or treated equal by religious framework and doctrine. This difference in the country’s religious perception of marriage equality matters in various levels; in religious doctrine, in day to day livelihood and existence as well as the society (Brennan, 2013). Not permitting same sex marriage reinforces the harmful issue or idea that there is something wrong with marriage equality and thus such marriages should be treated separately to the rest of the population. A clear example of this harmful idea is; Under the Australian marriage act of 1961 marriage is defined as the union that exists between man and woman. This definition stands out by discriminating same sex marriage and couples by denying them the authority and the right to marry. In addition, married couples are not allowed to amend their birth certificates to reflect their true gender identities hence portray them as still married to the couple (Meagher, 2010), but the American people have an outstanding culture that has overrun the religious doctrine as allowed marriage equality to exist in their country. They have learned to stay with SSM individuals as before hence able to allow them take part in day to day activities as OPS individuals. As compared to the Australia whereby, same sex marriage is not permitted by religious doctrines and that the people culture is still very strong to amend or to change couples lack legal rights to the kind of marriage such as the right to change their names when they are divorced or are out of their marriages. According to this difference it can be depicted that this tight laws that prevent other types of marriages is one that brings the differences in marriage equality between the US and Australia (Meagher, 2010). This is a clear indication that culture and religion plays an important part in ensuring that marriage equality is held hence able to propagate rights and freedom in the United States as compared to Australia. US have a clear cut out culture that values marriage equality. The other difference about marriage equality is on party discipline. Australian party discipline is seen as a getaway towards unsuccessful of marriage equality. Since the ratification of marriage act, the globe has been a changed platform that paves the way of marriage equality (Brandão & Machado, 2012). There has been an increasing trend from other states and countries showing the legitimization of marriage equality and various International organizations have come up in discussions supporting same sex marriage on the principles of equality party issue are now known to be the leading course of inequality among various nations Australia being one of them. Since the political structure and the government is only formed to support the only legal and existing institutional frameworks and policies concerning marriage, there is no opposing bench that can come up with ideas and issue to support or urge against marriage equality. Reflecting to this kind of trend, the United States government as well other commonwealth states and countries are now considering the legislation that would provide couples with access to civil marriage that is now confined to same sex marriage and shy away from same sex marriage (Walker, 2007). This is one of the constraints that Australia government is facing in ensuring that there is equality in all types of marriages (Bernstein & Naples, 2010). The Australian government has four bills in parliament that are awaiting the parliament to debate so that the problem of marriage equality could be curbed. These bills are marriage amendment bills, 2012; the marriage equality amendment bill 2012, among other marriage bills (Mezey & Paternotte, 2013). The premier of Australia declared that he is in support of marriage equality since it is a way that both sex and gender can come up with amicable way. If this is to be implemented, then the gap that exists between marriage laws and personal difference will be curbed. The Australian government has moral and legal obligation to promote and protect the right of its people encompassed in the International Convent on Civil and Political Rights (ICCPR). This covers the principles of marriage equality and recognition of same and opposite sex marriages (Brennan, 2013). The Australian culture is identified to be a culture that limits its people from undertaking or accepting change, hence the introduction of the opposite sex was a big blow to the people which later brought inequality in marriage issues and concerns. As compared to the US its culture and beliefs paves way to its people to have the heart and willingness to accept change such as gender and marriages changes. For example, the United States was the first country to accept same-sex marriage since this person had the right to abide to and also be defended by its people and state. This makes the United States marriage bills and laws to accommodate all sorts of marriage issue, ranging from civil marriage to the customary one (Bernstein & Naples, 2010). The US has success in marriage equality since it has various bodies and organizations that ensure that marriage laws and regulations are followed to the latter ensuring marriage equality is enhanced effectiveness. In addition, these groups also advocate for marriage equality through advocacy programs. For example, the American Marriage Forum is a group concerned with the impact that marriage would have for the American people and culture (Webb & Chonody, 2012). This group argues that in favor of human right and also advocates for same sex marriage are hiding the negative impacts that marriage equality would have on families led by same sex parents (Meagher, 2010). This means that children in such families view and accept two parents of the same sex to be their parents and they grow up accepting this change even in their adult life. But according to the Australian perspective, such families deprive the children with fatherly and motherly love which affects their lives in the future (Richardson-Self, 2012). This argument makes Australian people to be more intrusive to marriage equality, especially in same-sex marriage. The Australian custom is of concern that legalizing same sex marriage would possibly lead to acceptance of same gender sexual behavior in the society and normalization of the married couples. They consider that condemnation of same sex marriage as abnormal and immoral would be replaced by the adoption of bisexual behaviors, gay and lesbianism as normal and natural and normal (Riggs & Short, 2010). As a result of this perception the Australian people are always negative towards same gender marriage equality. The other reason for unsuccessful marriage equality in Australia is because legalizing same sex marriage might result in constraints on religious liberty and freedom that would impact companies and individuals in the marriage (Walker, 2007). As compared to United States marriage industry, people consider that marriage issues is only a problem for individuals and the state only plays the role of ensuring that the rights of this marriage people are adhered to so as to pave way for a peaceful society. As a result the government and the people have marriage equality as a compulsory facet. Australia has struggled for years to many other countries in the world such as the United States who have attained marriage equality levels. For example, if this goes on this line, then same sex marriage will not succeed in gaining access to a civil marriage. Even if gay couples are able to get married in the future, their movements miss the support of the civil society and other organization for them to be recognized (Webb & Chonody, 2012). Due to this the country is not able to attain full marriage equality as a subdivision between opposite sex marriage and same sex marriage is evident, but the worse is about same sex marriage which has no role in the Australian society. As compared to the United States, both same and opposite sex marriage has advocated for people are supported to choose the type of marriage, they wish to be in hence the success of its marriage equality to that of Australia (Bernstein & Naples, 2010). Furthermore, the extent at which the struggle for marriage equality concentrates mostly to attaining the right to marry since it is the only primary equality disclosure that individuals as well as social groups call for. Despite the fact that the Australian people as well as the government are working hard towards meeting marriage equality, the perception that people in the state hold concerning same sex marriage is what pulls their efforts behind. If this is compared to what the United States people view towards same sex marriage, it is evident that the people of Australian should refrain from negative perceptions and myths concerning marriage equality specifically to same sex marriages. According to elections and pools results from the United States, Americans divide on same sex marriage and controversy is likely to reduce soon. Thus, discussing marriage equality offers an indispensable platform to the ongoing debate concerning marriage equality in the globe. According to social researchers and scholars working on marriage issues, there is no reason why a government should sanction same sex marriage. Researchers are on board trying to depict the implications that can arise from same sex marriage (Yue, 2012). According to the Americans, same sex marriage has limited negative impacts to child welfare, religious freedom and any other understanding of marriage to people. By doing so, marriage is considered as an important public institution that has to be protected by all concerned stakeholders, but the Australians have a different view concerning this international debate; they attribute that same sex marriage should not be legalized in their country since both the religious as well as other customary rights hinders such marriages (Yue, 2012). This makes the United States to become a marriage free state that all types of marriages are supported by its people and the government. The world is heading towards same sex marriage trend. Nonetheless, Australia is not part of this trend or movement. This paper shows the current options that exist for same sex couples from the list. In the process of determining the constitutionality of same sex marriage as well as other marriages, examination of arguments against and in support of legalizing same sex marriage in Australia (Levine, 2013). The state is trying to enact other related relationship recognition measures such as ceremonial, civil unions and marriage registration. The country is also in a stand point whether marriage unions will identify appropriate provisional steps to fill marriage equality. If this is attained the country is able to meet marriage equality like the United States of America (Webb & Chonody, 2012). Despite the fact that marriage is a primary institution that brings peace and harmony in a state, not all types of marriages are to be adopted since it calls for enactment and change of various bills and laws. Countries that have adopted marriage equality also have economical improvement and growth. For example, the United States and Great Britain support marriage equality which has resulted in social freedom that has later contributed to economic growth. Conclusion It is evident that the culture and party politics of a country affects marriage equality and that for a state to have successful marriage equality that of the US, then policies and laws that purport marriage equality should be generated. A culture that sees marriage equality as a dilemma in the society should be avoided and all marriages should be considered equal. As of the case of Australia is party politics should be envisioned towards accepting marriage equality. References Bernstein, M., & Naples, N. A. (2010). Sexual citizenship and the pursuit of relationship- recognition policies in Australia and the United States. WSQ: Women's Studies Quarterly, 38(1), 132-156. Brandão, A. M. S. A., & Machado, T. C. (2012). How equal is equality? Discussions about same-sex marriage in Portugal. Sexualities, 15(5-6), 662-678. Brennan, F. (2013). ACT makes a dog's breakfast of marriage equality. Eureka Street, 23(21), 18. Levine, L. C. (2013). The evolution of Justice Anthony M. Kennedy's jurisprudence: Justice Kennedy's" Gay Agenda": Romer, Lawrence, and the Struggle for Marriage Equality. McGeorge L. Rev., 44, 1-247. Meagher, D. (2010, February). The Marriage Power and Same Sex Unions. In Constitutional Law Conference and Dinner (Vol. 19). Mezey, G., & David Paternotte, S. (2013). Pursuing Marriage Equality in Four Democracies: Canada, the United States, Belgium, and Spain. Global Journal of Human-Social Science Research, 13(3). Richardson-Self, L. (2012). Questioning the Goal of Same-Sex Marriage. Australian Feminist Studies, 27(72), 205-219. Riggs, D., & Short, L. (2010). Submission to Senate Inquiry: Marriage Equality Amendment Bill. Walker, K. (2007). The same-sex marriage debate in Australia. International Journal of Human Rights, 11(1-2), 109-130. Read More