Legalizing Same-Sex Marriage in the US - Research Paper Example

On Legalizing Same Sex Marriage Introduction There is no doubt that same sex marriage is a contentious issue. Before several American s began legalizing it, it attracted intense debate, polarizing many sectors in the American public. The degree of interest and controversy stems from the fact that the issue involved not just the legalization of this type of union. Rather, there is the underlying and more potent issue of the family. Allowing same sex marriage would mean that this concept - from social and legal points of view - will have to be redefined. The current developments in favor of same sex marriage show that the American public is in favor of change, and rightly so. This is because legalizing same sex marriage is aligned with the democratic ideal of equal rights and respect for individual choice. Moreover, it is necessary to protect the welfare of the individual stakeholders especially the children involved in such union. Legalization is, hence, valid and just, deserving to be upheld and supported. The Morality Issue Criticisms against same sex marriage are mostly based on the opposition of the dominant religions. Christianity, Islam and Judaism have been – in principle – against this union (Lopez 4). This religious dimension is important because religion forms a critical part of many social norms and traditions. Regardless of the degree of religiosity in individuals, there are ingrained social values that are based on it. Fundamentally, there is the concept of right and wrong. This is based on peoples idea of morality, which is, ultimately, rooted in God. When the priest, rabbi or the imam says same sex relationship is immoral, there are people who are bound to get swayed. Unfortunately, there are still people and organizations who disapprove of homosexual behavior. These hold that that same sex marriage will undermine the family as an institution (ADF). It is, therefore, important to note that the family as we conceive of it today is founded on religious grounds. The union of man and woman and of the concept of ideal parenting are crucial parts of religious texts, from the Bible to the Koran. There are rules and guidelines aside from traditions and rituals that effectively institutionalized family through the years across most societies. Even the laws that were consequently drafted to cover marriage, family and parenting were anchored on these factors. These conventions, however, is starting to become outdated, because they fail to cover the social and cultural changes that transpired in the past two decades. The Case for Legalization Same sex marriage began and came to be equated with living free, which is a natural consequence for vibrant democratic societies such as the United States. All the arguments, therefore, that support it are based on this principle. A particularly concise position that effectively depicted the proponents case for same sex union was stated by the Canadian court ruling in its favor. It said that "this case is ultimately about the recognition and protection of human dignity and equality in the context of social structures available to conjugal couples (Yee and Lee 55). The argument is that same sex couples, including their children, should not be discriminated from availing the benefits of marriage and the family particularly from the legal standpoint. An important dimension to the same sex marriage issue is its link to the recent gay rights movement, which earned for homosexuals legal recognitions and rights, including the abolition of certain laws inimical to their interests and the enactment of antidiscrimination statutes (Yee and Lee 55). The inroads made have so far led to the gradual acceptance of homosexuals in society. It eventually included the rights of same sex couples to avail of marriage. In this vein, a study reported an emerging norm when it explained: "the perpetuation of marriage discrimination in the United States represents a denial of civil rights to same-sex couples that is increasingly out of step with the trend toward marriage equality across the Western world" (“Developments in the law” 2006). The cause for gay rights forms part of the continuing civil rights movement that aims to achieve the ultimate goal of equality and freedom for all. This provided an insight as to why same sex marriage is not only accepted but that it also became imperative. Making Sense For the US, same sex marriage is a constitutional issue. First, the separation between the church and the government is considered paramount so any legislation or failure to legislate statutes based on religious considerations are not only frowned upon but also deemed unconstitutional. Individual rights are also deeply enshrined in the American judicial system so that claims to equality such the right to enter into a union regardless of gender are inevitably recognized. Opposition, hence, to same sex marriage is already tantamount to bigotry and discrimination. Aside from the factors mentioned above, the legitimacy of the same sex marriage should be evaluated according to the relevance and the objective of marriage. One should remember that the dynamics of the interrelationships that eventually gave rise to the conventional marriage norms depict a focus on family as the ultimate unit of society where a child is raised to be either a good or bad individual. For years, there has been the idea that a father and a mother as parents are ideal in this respect, ensuring a balanced and complete life for all members. Same sex unions may not fit this ideal but they also function in the same way: a group of individuals, consisting of parents and children, living in happiness, peace and harmony, benefitting the community in the process. It makes sense, therefore, for these families to be protected by the law. Conclusion For Western societies, legalizing same sex marriage boils down to one question: Does it harm society? The answer to this issue has long been answered in America with the recognition that homosexuality is not evil or immoral. It also figures prominently in the recognition of gay rights, which came with the understanding that the interests of gays and their dignity must be guaranteed in the context of current social and legal norms. This included the right to marriage and the protection of the family that they are able to establish. To address the questions leveled against it, one can turn to the fundamental argument that it is also a unit that nurtures and protects individual members of society so that they are able to contribute to the communal goal of peace, welfare and harmony. Works Cited Alliance Defending Freedom (ADF). Marriage and Family. ADF, 2015. Web. 23 March 2015. Lopez, Rex. Should Gay Marriage Be Legalized? Munich: GRIN Verlag, 2009. Print. "Developments in the law - The law of marriage and family: II. Inching down the Aisle: Differing paths toward the legalization of same-sex marriage in the United States and Europe. Harvard Law Review (2004): 2006. Print. Yee, Man, and Lee, Karen. Equality, Dignity, and Same-Sex Marriage: A Rights Disagreement in Democratic Societies. The Netherlands: BRILL, 2010. Print. OUTLINE I. Introduction: Contains brief background on same sex marriage as well as the papers main thesis. II. The Morality Issue: Includes the main arguments against legalizing same sex marriage. III. The Case for Legalization: Includes the rationale for same sex marriage. IV. Making Sense: The papers main argument, which include the evaluation of same sex marriage issue as well as the papers position arguing favorably for legalization. V. Conclusion Read More