The Legalization of Same-Sex Marriage - Term Paper Example

Outline Introduction Thesis ment: Same sex marriages should be legalized in the US because gay couples are not lesser human beings than heterosexual couples. Discussion The right to pursue happiness is in inalienable. Prohibiting same sex marriages is discriminatory. Legalizing same sex marriages in all the states will help the country to succeed in pushing its foreign policy on gay rights. Legalizing gay marriages will broaden the pool of potential adoptive parents for children under institutional care. Legalizing same sex marriages in all the states will prevent immigration of gay couples The state is a secular entity and therefore religious organizations cannot impose their doctrines or force the government to deny its citizens their rights. Conclusion Works Cited BBC. “US Impose Sanctions on Uganda for Anti-Gay Law”. (19 June 2014) 30 November 2014. Corvino, John. Debating Same-Sex Marriage. Oxford University Press, 2013 Healy, Justin. Same-sex Marriage Debate. Spinney, 2013 Rauch, Jonathan. Gay Marriage: Why It Is Good for Gays, Good for Straights, and Good for America. Holt Paperbacks, 2004 Introduction Same sex marriages should be legalized because gay couples are not lesser human beings than heterosexual couples. Marriage is a source of happiness, fulfillment and is a rite of passage that humans desire to go through. Over a long period of time, gay couples have continued to experience discrimination and stigmatization due to their sexual orientation. Currently, same sex marriages are illegal in 15 States in the US which include and not limited to; Alabama, Texas, Arkansas, Nebraska among others. Gay marriages are opposed because they deviate from the common and traditional understanding of marriage, which is a union between a man and a woman (Rauch 21). Convincing people to adjust and accommodate a different understanding is a challenge especially in a society where religion is one of the major pillars of human existence. Almost all religions in the world teach against homosexuality and even though members are allowed to make independent choices, majority will always want to conform to the norms of the religion they subscribe to. However, the time is right to acknowledge the fact that religion and the state are two different entities which only complement each other. This paper is a critical evaluation on why same sex marriages should be legalized. Discussion Same sex marriages should be legalized because gay couples are not lesser humans than heterosexual couples. As the name suggests, same sex marriages involve the unification of couples of the same gender, either a man to a man or a woman to a woman. Marriage is an institution which is fundamentally based on love, trust, caring and understanding between two mature people. It does not matter whether the two are of the same sex or not. Once a person is of legal age, it is his or her right to decide who to engage in relationships with. Human beings have evolved and will continue to evolve and this means that the society has to accept and embrace changes in people’s behaviors even when they do not tally with their own thinking. Democratization of societies in the world means that people are free to take full control of their lives as long as they respect the rights of others in the process of achieving their objectives. It is therefore difficult to understand why people are so much concerned about what others are doing in their bedrooms; this is strictly a private affair. The US declaration of independence stated categorically that the right to pursue happiness is an inalienable right, and that all humans are equal irrespective of their gender, political inclination, religion among others (Rauch 44). It is the responsibility of the government to ensure that every citizen is given an opportunity to pursue happiness and therefore, it is unfair for a state to legislate laws that limit such opportunities. Being gay does not harm any other person in the society since it only affects the people involved in the relationship. If a man feels that it is only another man who can make him happy, then, he should be allowed to exercise full discretion. Having prohibitive legislations is equivalent to telling gays that they have no capacity to make informed decisions on who they want to marry. Gays and lesbians are human beings just like any other person in the society only that they are a minority group. Same sex marriages should be legalized so as to ensure that the society accepts them thus reducing discrimination. Banning same sex marriages means that there will never be a paradigm shift in the way people perceive gay couples. The effect of this is that this section of the society will continue to experience unequal treatment in both social and official circles whereby they are denied access to employment, healthcare or social amenities (Corvino 50). The fact that one is a homosexual does not mean that he or she cannot participate in the building of the economy through employment. If an employer denies one employment based on his or her sexual orientation, the victim cannot find any legal backing to challenge the employer since the government itself has institutionalized such discrimination by allowing federal governments to decide on whether or not to legalize same sex marriages. Legalizing same sex marriages in all the states will help the country to succeed in pushing its foreign policy on gay rights. The US is a democratic nation, which has positioned itself as a major custodian and protector of human rights around the world. It should therefore be on the frontline to ensure that the rights of all its citizens are protected throughout its states even though the states are semi-autonomous entities. In his tour of Africa in June 2014, the US president urged African leaders to embrace gay rights, notwithstanding the fact that majority of countries in the continent prohibit homosexuality. His move was well intended and in conformity with US foreign policy but it attracted a lot of criticism in the continent. Thereafter, his administration threatened to sever its ties with Uganda after its president signed into law a bill that prescribed life imprisonment for homosexuality. The threats included; travel bans for top government officials, redirection of aid to non-governmental organizations, cancellation of joint military exercises among others, which compelled the Ugandan government to rethink (BBC 2014). This shows that it is possible for the US president to intervene and prevail over US states which still have laws outlawing same sex marriages. As long as there is no uniformity across all the states in the country, it will be difficult for the US to sell its policy on gay rights to other world nations. Legalizing same sex marriages is important as it enables couples to adopt children and enjoy full marriage benefits. Biologically, it is impossible for same sex couples to have children of their own and since they also desire the satisfaction of raising children, adoption is the only solution. Every child deserves to grow up in a family, in which he is loved and taken care of. He needs protection, education, decent housing among other basic necessities. Unfortunately, not all children are lucky enough to enjoy these privileges. Reports indicate that there are more than 400000 children living under institutional care in the US. These children mainly comprise of homeless children, orphans as well as those who are given up by their parents for adoption due to various reasons. Out of the 400000, only 101000 await adoption meaning that more than 300000 children may end up growing up under foster care (Corvino 56). Foster care is important as it offers a fair environment for child development as opposed to growing up in the streets. However, once a child becomes of legal age, he or she has to move out of the institutions. Without family, inheritance, or skills to find employment, it becomes difficult for these children to live a decent life in the society. Due to lack of financial security, some are tempted to engage in antisocial behaviors such as theft, drug addiction, prostitution among others. Even though same sex couples are not as many as the children in the need of family, they can be of great assistance to a lot of children whose future is not guaranteed. In addition, once the children are adopted by gay couples, they do not have to experience stigmatization by the society as legalizing same sex marriages will have already compelled people to perceive such unions as normal and acceptable. Legalizing same sex marriages in all the states will prevent immigration of gay couples. It is important to note that since majority of states in the US have already legalized same sex marriages, it is impossible for the few remaining states to succeed in prohibiting its citizens from engaging in gay and lesbian marriages. This is due to the fact such couples can easily relocate to more friendly states, conduct the marriages and come back already as a married couple or even chose to seek citizenship in a state where they can express their love without fear. They can be allowed to settle, work or even invest in the hosting state since it is their constitutional right by the virtue of being American citizens. The biggest loser in this case is the federal government in their states of origin noting that marriage ceremonies are a source of income for the states (Rauch 89). Gay couples pay taxes just like any other citizen and their relocation means that they have to pay taxes to the hosting state. The fight against sexually transmitted diseases cannot be successful without improving on gay rights. Instead of the governments utilizing so much time and resources discussing whether to legalize gay marriages or not, they should concentrate on more pertinent issues affecting the citizens, such as eradication of HIV/AIDS. Gay couples need access to cheap HIV preventive mechanisms such counseling and free HIV testing as well as antiretroviral drugs. However, since they are already stigmatized, it becomes difficult for them to come out in the open to demand such services. Indeed, some of them will go to the extent of engaging in relationships with the opposite sex as a way of covering up for their true orientation (Rauch 98). This increases their risk of contracting sexually transmitted diseases, which is a more challenging burden on the society and the economy. Opponents in this debate say that legalizing gay marriages would be against the will of God thus it is immoral. The Christians claim that God created Adam and Eve and ordered them to reproduce and fill the world and therefore, marriage should remain a holy institution between a man and a woman (Healy 39). However, they tend to forget that the state is a secular entity bound by the constitution to serve every citizen whether a believer or a nonbeliever. In fact, the arrangement existing between the church and the state with regard to marriage is that the church presides over marriages on behalf of the state. The church has the right to decide on whether to accommodate gays and lesbians based on the freedoms of worship and association. However, it should not impose its doctrines on unwilling listeners or dictate to the state what is good for the citizens. Furthermore, the same doctrines of the church regarding marriage have not helped much to curb adultery, divorce, fornication, prostitution and polygamy, among other heterosexual activities that have contributed to the ever growing number of children under institutional care. Opponents also say that legalizing gay marriages will lead to more demands to legalize other unnatural sexual acts such as bestiality (Healy 62). This is a slippery slope argument which fails to recognize the fact that humans have a capacity to differentiate right from wrong. An animal has no capacity to consent to sexual advances thus in its real form, bestiality is abuse of animal rights and cannot be compared with same sex relationships. However, if the general consensus of the citizenship is that bestiality should be legalized, then so be it. 50% of US citizens support same sex marriages and this is reason enough for the government to take affirmative action and ensure that the will of the people is fulfilled. Conclusion Same sex marriages should be legalized. Not only due to the fact that it is the right of a mature person to chose his or her spouse but also because prohibition is discriminatory and also an intrusion on privacy. The states have nothing to lose from doing so but they have a lot to lose in terms of revenue collection if they continue prohibiting gay marriages. Majority of US citizens are in support of legalization and therefore they should have their way while the minority have their say. Works Cited BBC. “US Impose Sanctions on Uganda for Anti-Gay Law”. (19 June 2014) 30 November 2014. Corvino, John. Debating Same-Sex Marriage. Oxford University Press, 2013 Healy, Justin. Same-sex Marriage Debate. Spinney, 2013 Rauch, Jonathan. Gay Marriage: Why It Is Good for Gays, Good for Straights, and Good for America. Holt Paperbacks, 2004 Read More