Legalization of Same-Sex Marriage - Essay Example

Legalization of same sex marriage In California, the status of gay marriages is unique among all s of America. This is because in the early months of 2008, the state granted marriage licenses to gay and lesbian couples but later discontinued due to the passage of Proposition 8. On May 2008, the California Supreme Court ruled against limiting marriage to only individuals of the opposite sex. The court argued that in doing so, it violated the California constitution and hence ordered the language to be removed from the statute. As a result, from June to November, approximately 18,000 gay couples wedded but this was to be short lived as Proposition 8 was passed. Proposition 8 was a state constitutional amendment passed in the year 2008 in November state elections which limited marriages to those of men and women (Blankenhorn, p.33). The evolution of marriage Over the years, different cultures have treated the marriage institution differently. Some tied marriages to dowries while others promoted arranged marriages. In addition, others viewed marriage as a political relationship where they could forge family alliances. Despite all these variations, many individuals still embraced the fundamental essence of marriage. To them, marriage was a public, lifelong partnership between man and a woman for the purpose of producing and raising children. Conversely, the world is altering and so are beliefs, values and norms. In today’s world, marriage does not revolve around procreation alone but also redefines love and a romantic union between committed individuals (Kenneth, p.13). Research reveals that couples, who marry either straight or gay, want to convey their loyalty to one another, their family and also friends. Therefore, procreation should not be a limiting factor in legalizing same sex marriage since people marry for different reasons. In addition, if same sex couples are not allowed to marry because they cannot reproduce, then infertile couples as well as elderly couples should not be allowed to marry two. Hence, same sex marriage should be legalized so that couples who want to marry create a firm legal and personal foundation for themselves as well as their current and future children (Brittney, p.4). Separation of state and church The debate of legalizing same sex marriage is engaged by individuals who strongly believe in their convictions. The two loudest voices often come from the Christian community and the gay community. The former argues against same sex marriage and the latter argue in favor of the marriage. Religious groups, predominantly from Christian based faith, tend to be the singlehandedly the most influential force in keeping gay marriages illegal (Douglas, p.3). The convictions of such religious groups on same sex marriage and homosexuality tend to be strong, stemming out from their sacred text which is the Bible. The main point of writing this essay, however, is not to question the scripture’s validity that is referenced frequently when justifying the illegality of homosexuality (Brittney, p.1). What I take issue with is the idea that only one group’s values and beliefs affect and govern the manner in which a country’s citizen are allowed to live. America is a state which composes of diverse people who have countless different faiths, belief systems and ways of life. What is concerning is that a single religious point of view prohibits an entire group of people from being able to express their love through marriage, a thing that is taken for granted for granted by majority of the people. In my opinion, religious argument must not belong in the public policy and legal debate over same sex marriage. This is because, as stated earlier, US is made up of diversity including religion. Hence, no one religion should dictate how everyone is supposed to live their lives (Douglas, p.5). Equality The main purpose of the American constitution is to protect human rights and ensure equality. Each and every amendment done on the constitution without fail is meant at protecting a specific or a non specific group of people be it the press, racial minority groups, religious sects and so forth. In short, the constitution serves the purpose of empowering people. Blankenhorn 57 argues that same sex marriage is all about equality. The term equality means treating the same things or individuals similarly. Advocates of same sex marriage argue that it is discriminatory to favor heterosexual marriage and spouses over homosexual couples. If the state denies the marriage of two individuals who love one another, then the individuals will have been denied their freedom. According to an official of the human rights body, the government fails at respecting and protecting individuals identified as homosexual, transgender or bisexual, despite their equal rights as American individuals. Members of the gay, lesbian, bisexual and transgender group have reported continues discrimination, torture, marginalization and harassment from society. By legalizing same sex marriage in California, such individuals will have the same social and legal recognition of their relationships (Brittney, p.4). Additionally, by allowing same sex marriage the rights of the minority would be addressed and they would also enjoy privileges enjoyed by the majority. Same sex relations are a reality In today’s world, homosexuality is a reality regardless of whether the government acknowledges it or not. Despite the fact that same sex relation were illegal from the colonial era up to the year 2003 when Supreme Court’s decided in the Lawrence Vs Texas case, many of the US citizen were already in same sex relations (Douglas, p.3). This meant that state bans on gay and lesbian relations were ineffective in preventing same sex couples from being together. Despite the fact that the government prohibits same sex marriages, lesbian and gay couples often do their own wedding, live together as a couple and even recognized by their friends and family as married. This is why most American states started legalizing same sex marriage as it was inevitable. California should also follow suit as the trend of same sex relation is here with us and it is here to stay. The state may not recognize the union of gay and lesbians as valid but that does not prevent such unions from taking place (Blankenhorn, p.47). Family and individual benefit The lack of opportunity for the lesbian and gay community to socially and legally validate their committed relationships not only affects concerned persons but also their family (Brittney, p.5). Same sex attracted persons do not exist in isolation or on the fringe of society. They belong to a family just like the heterosexuals. Most families are negatively impacted when a member of there is treated differently by the community. In addition, such individuals experience prejudice and intolerance from society leading to a negative impact on them as well. Therefore, by legalizing same sex marriage, the state of California will have increased the benefits of the family and individuals of same sex relations. In conclusion, it is evident that same sex couples seeking marriage are obviously in love and determined to stay together. Hence, it is not realistic to make their lives difficult and after all same sex relations are a reality. References Brittney, J. (2010). Same-Sex Marriage and Religion: An Inappropriate Relationship. United States: Foulis Press. Retrieved from http://journals.chapman.edu/ojs/index.php/e-Research/article/view/87/307. Blankenhorn, D. (2007). The future of marriage. New York: Encounter Books. Douglas, F. (2006). Why Fight Same-Sex Marriage? Available at . Kenneth, H. (2005).The Cheshire Cat: Same-Sex Marriage, Religion, and Coercion by Exclusion. Canada: Dalvis. Available at. Read More