Gay Marriages in the US - Essay Example

Lecturer: Topic: Gay Marriages Introduction Gay marriages are also referred to as same sex marriages and typically occur between people who are of a common biological sexual characteristic (Carroll 215). In a situation, that this kind of marriage is recognized legally or if there is a possibility, that it can take place, then this is referred to as equal marriage or marriage equality mostly by the people who are in support of this kind of marriage. For this kind of marriage to be legalized, there has to be a review and redefining of marriage by the sections of the community that are opposed to it. Key issues in different states There has been a deep involvement by various state legislatures in public debates over the definitions of marriages and if the official recognition of marriage should be accorded to the couples that belong to the same sex (Wardle 177). Currently, laws that allow marriages between people that are of the same sex exist in the District of Columbia as well as seventeen other states. In developments that have occurred recently, federal judges in various places including, Oklahoma, Texas and Virginia as well as other places have ruled that the bans that are directed at marriages between people of the same sex are unconstitutional and the rulings have been put on hold as they await appeals. The Supreme Court in New Mexico ruled in December 2013 that the people who lived as couples in the state and were of same sex were allowed to marry each other while the Illinois and Hawaii Legislatures embraced legislation that allowed people of the same sex to marry each other in November 2013. Earlier, in October, the Supreme Court in New Jersey had declined to postponement of a state District Court decision that required the state to recognize marriages taking place between people who were of the same sex and the governor made the announcement that the state would abandon its appeal to allow the state to permit the marriages. Gay marriages and religion Religious factors are more often than not involved in the arguments of whether to allow or prohibit gay marriages and some of the religious associations do not give job opportunities or serve couples that are of the same sex (Duncan and Jones 39). The Christian groups that support this kind of union argue that the people who are in these relationships are God’s creation and should therefore be treated the same way as the other people. The ones that are opposed to it argue that the relationships go against morals as well as the will of God while subverting the objective of humanity that is to bear children. There is a varied approach by the Jewish church towards marriages by the people of the same sex (Cornog and Perper 239) while the Islamic faith is more direct in its rejection of homosexuality and cites the story of Lot in Sodom as a good example of the disapproval of homosexuality. Gay marriages The introduction of laws that are meant to guide marriages that involve people of the same sex has varied in terms of jurisdiction but has been accomplished in several places through amending marriage laws, court rulings founded on guarantees of equality or through carrying out referendum. The concerns surrounding the recognition of these kinds of marriages are civil liberties, community, opinionated and constitutional rights issues while being religious issues in some of the countries in the globe. Debates usually come up whether these kinds of marriages should be permitted to take place or they should be allowed to possess a different status or ultimately denied these particular of rights (Andersen and Taylor 406). Marriages that occur between people of the same sex can be able to provide taxpayers with government services as well as making financial demands that are the same as those made to and obligated to the couples that comprise individuals from different sexes (Laycock, Picarello and Wilson 99). These marriages also assist as far as legal protection is concerned in issues such as inheritance as well as hospital visitation rights. There are analysts that state that financial, physical and psychological security are usually improved by marriage and the children that are associated with the marriages that are characterized by the individuals of the same sex benefit from being raised by two parents in a legitimate union that is backed by the institutions in the society. The court documents that were filed by the American scientific associations show that identifying the gay men and women to be unable to get married is a source of stigmatization as well as public discrimination directed at them. The marriages involving people who are of the same sex can take place in a secular civil ceremony or in a religious manner and there are a number of communities all over the globe that are in support of the recognition of same sex marriages(Simon and Brooks 11). These include the Native American religions with two spirit traditions, Humanistic Judaism, Buddhism in Australia among many others that encompass other progressive and modern Christian, Buddhist, Hindu and various other minor religious denominations. How the case proceeded to the Supreme Court (lower court rulings) The cases that took place in Utah and Oklahoma challenged the state amendments that had been passed in 2004 consequent to a decision that had been made in Massachusetts. There were three couples who were of the same sex who challenged the ban that had been in effect in Utah and one couple who sought to have marriage in Utah recognized. Robert Shelby, who is a United States District judge made the ruling that the ban that was in place in Utah hindered the residents from having a right that is fundamental and it also demeaned the dignity of the same sex couples with no practical explanation. Over a thousand couples were joined in marriage before the Supreme Court made the decision to stop the process pending the appeals, which has left the couples in a marital grey area where the marriages that they are in are neither null nor recognized by the state. Several couples that come from Michigan are in the same predicament since they went through a similar process that took place there but in all the other states, the judges upheld their rulings. The case that was in Oklahoma was filed more than ten years ago but it was not until January 2014 that United States District Judge Terence Kern ruled that the ban that the state had effected was discriminatory and it did not have a significant justification. By this time, the Supreme Court stated that the denial of national settlement to the individuals in gay relationships that were married legally and legitimately was in constitution violation. The Supreme Court went on to forbid states from being able to pass laws that originate from animosity against the people who are gay and affords constitutional protection to the ethics and sexual choices that the gay people have. It also forbids the federal governments from treating marriages that involve individuals from opposite sexes and those from same sexes in different ways to avoid rhetoric shifts that may come up. The states though, retain the right that they had to come up with their own laws that govern marriage and there are sections of people that believe that same sex marriage is entrenched in the history and tradition of Americans. Even if the case is appealed, the plaintiff will be burdened with showing that there is no rational foundation for this law and the same judges who include those that were nominated by the last three presidents before president Obama will hear the cases. Opinion and the Dissent The decisions that were taken by the Supreme Court showed that it was willing to significantly advance the cause of the same sex marriage and it was not prepared to find a constitutional right to marriage equality. This demonstrated that the gay rights advocates as well as the lower-court federal judges are not willing to contend with further delays and the language that was used in the decision might have been so strong that the Court speeded up the movement that is wanted to restrain on a temporary basis. After the decision that was arrived at by the Supreme Court in June 2013, more states went on to legalize marriages involving people of the same sex starting with New Jersey and in December the same year that a federal court made the ruling that the Constitution needed finding a right to marriages of individual of the same sex. The decision that came right before Christmas could be taken as a sign that the opinion of the public is greatly evolving since the residents are evenly split on the issue of same sex couples. The officials in Utah were not in a position to stop marriages that involved couples of the same sex until the appeal reached the Supreme Court and this granted an unusual interim stay after more than 1300 weddings had already taken place. Opinion As a personal opinion, people who are prohibited by their religions from having gay marriages should not have them but this should be a basis that should be used to prohibit the ones that are not forbidden by their religion to go ahead with their marriages. According to the American society, marriage is a good and noble act, which opens up opportunities that assist the people going into marriage to live more comfortably. For the proponents of the marriages that involve people who are from the same sex, the whole issue is not being settled fast enough but considering the standards of peaceful rights movements, there is rapid action. The people that are in support of the same sex marriages have reason to be proud since they have been able to achieve a lot. Works cited Andersen, Margaret and Howard Francis Taylor. “Sociology”. 1st ed. Belmont, CA: Thomson/Wadsworth, 2006. Print. Carroll, Janell. “Sexuality Now”. 1st ed. Belmont, CA: Wadsworth CENGAGE Learning, 2010. Print. Cornog, Martha, and Timothy Perper. “For Sex Education, See Librarian”. 1st ed. Westport, Conn: Greenwood Press, 1996. Print. Duncan, Ann and Steven Jones. “Church-State Issues In America Today”. 1st ed. Westport, Conn.: Praeger, 2008. Print. Laycock, Douglas, Anthony Picarello, and Robin Fretwell Wilson. “Same-Sex Marriage And Religious Liberty”. 1st ed. [Washington, D.C.]: Beckett Fund for Religious Liberty, 2008. Print. Simon, Rita, and Alison Brooks. “Gay And Lesbian Communities The World Over”. 1st ed. Lanham, MD: Lexington Books, 2009. Print. Wardle, Lynn. “Marriage And Same-Sex Unions”. 1st ed. Westport, Conn.: Praeger, 2003. Print. 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