Should the Government Allow Same Sex Marriage: Yes - Research Paper Example

The following analysis will approach the issue of gay marriage from the perspective of the arguments both in favor and against the practice. As a means of analyzing these arguments for their logical importance and credibility, the reader will be able to reach an informed decision with regards to whether or not the practice should be allowed as well as supported by the federal government. It is ultimately the hope of the author that the following brief summary of the situation and discussion of the requisite parts of discussion will help to integrate a more full and complete understanding of the topic as well as a non-emotional approach to an issue that has thus far inflamed emotions on both sides of the political spectrum. Outline: Introduction: I: Natural vs “unnatural” marriage A. Discussion of history B. Realization that no firm or solid definition exists C. Marriage as with any other social construct evolves with time II. Prohibition of same-sex marriage from the legal perspective A. Unconstitutional B. Prior precedent notes that denial of rights based upon the definition of marriage is opposed to the framework of the understanding of freedom and of the courts III. Adoption A. Discussion of the thousands of un-adopted children B. Discussion of how well adjusted the children of homosexual couples are C. Discussion of the fact that without legalization these couples cannot adopt IV. Purpose of marriage A. To create babies to provide a loving home for the inhabitants B. Discussion of whether or not would have been if fertility itself were the determinant for being allowed to wed Name Date Professor’s Name Course Section/# Should the Government Allow Same Sex Marriage: Yes! One of the most prominent social questions that exist within the current time is whether or not gay marriage should be legal. The United States is had a very long history of discrimination based upon race, religion, ethnicity, and gender. Unfortunately, even though the United States prides itself on being a free society that offers a range of freedoms to the individuals that choose to live within its borders, the reality is that many of the freedoms that are available to citizens of other countries and regions are not available to individuals within the United States. Accordingly, this brief analysis will seek to discuss some of the main reasons and rationale behind why gay marriage should be legal and fully allowed within each and every one of the states that comprise the union. The importance of the universality of gay marriage within the United States is something that is oftentimes not understood; however, the fact of the matter is that in order for legal gay marriage to mean anything at all, it must be realized within each and every one of the 50 states that comprise the union. This has to do with a litany of factors; not the least of which is with regards to the financial recognition of the institution of marriage that the federal government this does upon the couple. It is the hope of this author that through an analysis of the arguments in support of same-sex marriage, the reader can come to a basic understanding of the logic-based approach that those in favor of same-sex marriage can employ. One of the arguments that many individuals opposed to gay marriage often cites is with regards to the fact that gay marriage is itself unnatural due to the fact that it does not typify a “traditional marriage”. The greatest weakness with regards to this particular point of view is due to the fact that there exists no such definition of the “traditional marriage” that these individuals so often site. Even with regards to anthropology, sociology, or history one can readily find a litany of examples of marriage that were based on polygamy, child brides, arranged marriages, or the use and prevalence of mistresses and concubines. Taken from another perspective, monogamy itself or even choosing to remain unmarried could be termed “unnatural”. As a function of this, the reader can and should realize that there never has been and probably will never be a baseline definition for what constitutes traditional and what constitutes deviant. From the opinion of this author, as long as the individuals involved within the confines of a marriage believe that they intend on spending the rest of their lives together and have a modicum of love and affection, there is no need to deny them of the fundamental human right; as well as the right guaranteed by the Constitution for everyone’s ability to promote their own happiness. While on the topic of the Constitution of the United States, it should be noted that a prohibition on gay marriage is fundamentally unconstitutional. Citing previous court decisions, one can readily point to the US Supreme Court case of Cleveland Board of Education v. LaFleur. The case specifically noted that, freedom a personal choice in matters of marriage and family life is one of the liberties protected by the Due Process Clause”. This case has of course been cited by appeals court judges with reference to ruling the California ban on gay marriage as unconstitutional. However, from the broader perspective, even an individual not familiar with the nuances of the law can determine that restricting and individual’s right to happiness and freedom of choice, where no legal restriction exists, is fundamentally wrong and flawed. The old argument of whether or not growing up with two mothers or two fathers necessarily predisposes one to be homosexual themselves has been fully debunked. Accordingly, it will not be one of the arguments that this author integrates with regards to whether or not gay marriage should be legal in the United States. However, it tangential issue exists. This relates to the fact that each and every year there are approximately 100,000 children waiting to be adopted within the United States alone. Many of these children’s remain within the social care system until they reach 18 years of age (Barry 337). Accordingly, the greater good would ultimately be served by legalizing gay marriage so that an influx of new couples would have the opportunity and desire to adopt many of these on adopted and unloved children. Yet another argument that is often used is that due to the fact that gay couples cannot naturally bring a child into this world that they should therefore not be allowed the privilege of marriage. This is of course an illogical and unreasonable approach and/or determinant to marriage. If one integrates with such an understanding of the meaning of marriage then by extension infertile couples should not be allowed the privilege of marriage either. Looking back upon the fabric and the history of the United States, this would have prevented George and Martha Washington from becoming married as well as a litany of other individuals. Making the creation of children the sole determinant of marriage is both foolish and shortsighted. When approached from a logical perspective, the issue of gay marriage can but be understood from a single perspective. Moreover, due to the fact that the nation itself has a long and dark history of repression, discrimination, and sexism, using tradition and culture to define what marriage should and should not be is ultimately a very weak position to take. Although this brief analysis is only integrated with a handful of arguments in favor of same-sex marriage, the fact of the matter is that a thesis length dissertation could be written on this topic and ultimately, to the same conclusions that this short analysis has revealed. It is the further belief of this author that in much the same way as the civil rights movement, the suffragist movement, and the anti-slavery movement before these contributed to a greater societal understanding of rights and privileges of the disenfranchised, the arguments surrounding same-sex marriage will do very much the same within our own era. Work Cited Barry, Peter Brian. "Same-Sex Marriage And The Charge Of Illiberality." Social Theory & Practice 37.2 (2011): 333-357. Academic Search Complete. Web. 11 Apr. 2013. Read More