Should Single Sex Marriages Be Legal - Essay Example

Should single sex marriages be legal? Order No. 422482 March’10 Should single sex marriages be legal? Same-sex or single sex marriage is a marriage between two persons belonging to the same biological sex or gender. Single -sex marriage has become a political, social, civil rights, moral and a religious issue in many nations. The debate is about whether single sex couples should be allowed to marry and whether this should be made legal. Supporters of single sex marriage often cite universal human rights, physical and mental health concerns, equality before the law as reasons for making it legal. Those who oppose single sex marriage cite concerns about parenting, social consequences of single sex marriages, tradition and religious grounds, as reasons for not making it legal. This paper is about why single marriages should be legal and how making single sex marriages illegal would amount to discrimination especially in today’s world where people are striving for equality everywhere. Making single sex marriages legal bestows not only greater equality on single sex couples but also removes the negative stigma attached to single sex couples. Introduction The debate about whether single sex marriages should be legalized has been going on over the last few years and has created quite a furor. Several strong arguments for both sides of the issue have been put forward. To come to any conclusion it is necessary to look at the several different factors and issues that surface when we begin to consider single sex marriage. Any marriage involves legal, social, economic, and religious issues. All of these issues are interrelated in some way or the other. It is equally important to consider the influence of state on marriage, the effect of one states decision on another state and also how courts and the legislation deal with this subject. A look at all this and also the pros and cons of single sex marriages will help us to arrive at a conclusion. Various views on this issue Many societies have yet to recognize single sex marriages. A perusal of the various historical and anthropological records reveals a wide array of attitudes towards such marriages ranging from appreciation, praise, sympathy, toleration, to indifference and prohibition. For instance the American Anthropological Association (AAA) in its briefs to both the California and Iowa Supreme Courts in support of marriage equality, stated that, "Anthropological research on households, kinship relationships and families -- across cultures and through time -- provide no support whatsoever for the view that either civilization or viable social order depend upon marriage as an exclusively heterosexual institution." The American Psychological Association, American Psychiatric Association and National Association of Social Workers have stated in an Amicus curiae brief presented to the Supreme Court of the State of California, “Homosexuality is neither a disorder nor a disease, but rather a normal variant of human sexual orientation. The vast majority of gay and lesbian individuals lead happy, healthy, well-adjusted, and productive lives…….allowing same-sex couples to marry would give them access to the social support that already facilitates and strengthens heterosexual marriages, with all of the psychological and physical health benefits associated with that support. In addition, if their parents are allowed to marry, the children of same-sex couples will benefit not only from the legal stability and other familial benefits that marriage provides, but also from elimination of state-sponsored stigmatization of their families”. Judicial and Legislative View When you consider the judicial aspect you find that the legal effect of marriage on a same-sex couple is the same as the legal effect marriage has on any other couple. As for legislation the United States has extensive case law and legislation addressing the legal concepts of equality before the law. Religion Arguments for and against single sex marriage are very often made on religious grounds. Many Christian groups oppose same-sex marriage as they believe that this would undermine the very purpose of marriage. According to these groups same-sex marriage normalizes homosexual behavior. Many Orthodox Jews support the Jewish bans on marriages amongst members of the same sex whereas some other rabbis disagree. The Jewish Reconstructionist Federation has left the choice to individual rabbis. A majority of Muslim legal scholars see in the rulings of Muhammad and the story of Lot in Sodom a condemnation of homosexuality. Buddhist teachings do not specifically prohibit nor do they endorse same-sex marriage. Pros and cons Many in favor of single sex marriages believe that the issue is a simple case of human rights. According to these people not allowing same sex people to marry is like excluding them from society. Prohibiting same sex couples to adopt or share property is again violation of human rights. When we do not allow single sex couples to marry we are denying them a fundamental right and an important human right that is the right to marry. This is unfair in a democracy. Many believe that children fare well when brought up in a home which has both the parents legally married and staying with them. Denying some couples the right to marry may also result in adverse emotional and financial consequences, such as social Security, Medicare, property inheritance, etc. Those who oppose single sex marriage believe that this will have a negative effect on society as it will destroy the concept of the traditional family. There are others who believe that legalizing such a kind of marriage may lead to increased sexual promiscuity. The biggest arguments against single sex marriage is that since originally the institution of marriage was formed as a means to have children, same-sex couples should not be allowed to be a part of this system. Again those who oppose same sex marriage say that parenting of children gets affected. Also there are people who believe that children brought up by same sex parents may develop homosexual or bisexual tendencies and there is a possibility of them being inclined towards same-sex relationship. Conclusion The most forceful argument in favor of making single sex marriages legal is that of discrimination and the freedom to choose. When a marriage between two individuals belonging to the same sex is not allowed it means taking away the right to choose a partner. Also it is similar to not allowing marriage between two individuals having the same color. This amounts to discrimination and this is wrong in a democratic society. Not allowing a person to do a certain thing based on something over which he has no control amounts to injustice. Just as one cannot choose the race one is born into, one cannot choose sexual orientation. One is born with it. As Mary Bonauto from Harvard Civil Rights has rightly said, “It is impossible to pretend that being denied the right to marry the person of your choice is anything but a massive affront to the human dignity and equality of LGBT (lesbian, gay, bisexual, and transgender) people in a culture where that choice is cherished as a fundamental freedom essential to the pursuit of happiness.” The argument that allowing same sex marriage will destroy the sanctity of marriage and that this will weaken traditional family values can be counter argued by saying that family values can become weak even in heterosexual marriages where there is domestic violence, incompatibility, where husbands are alcoholic, etc. It is a fact that divorce rates are on the increase these days pointing to the fact that such marriages also can prove to be weak.   Again the argument that children suffer in single sex marriages does not hold much water. There is enough evidence to prove that children brought up by same sex parents fare as well as the children brought up by heterosexual parents. Research has shown that there is no relationship between a child’s development and parents’ sexual orientation. It is the quality of parenting and relationships within the family that determines a child’s development and well-being and not the gender or sexuality of parents. The American Psychological Association, American Psychiatric Association, and National Association of Social Workers has rightly stated: "There is no scientific basis for distinguishing between same-sex couples and heterosexual couples with respect to the legal rights, obligations, benefits, and burdens conferred by civil marriage.... Empirical research has consistently shown that lesbian and gay parents do not differ from heterosexuals in their parenting skills, and their children do not show any deficits compared to children raised by heterosexual parents.... [I]f their parents are allowed to marry, the children of same-sex couples will benefit not only from the legal stability and other familial benefits that marriage provides, but also from elimination of state-sponsored stigmatization of their families." By not legalizing single sex marriages, we are being unfair to the children of such marriages. If marriage benefits the children of heterosexual parents, then why the children of single sex couples should be deprived of benefits because of the sexual orientation of their parents? As Kathy Belge has rightly said, “Most of the arguments against gay and lesbian marriage are flawed and reactionary. They are reminiscent of the arguments against interracial marriages fifty years ago: that it will harm children, send the wrong moral message and devalue the institution of marriage”. There are enough reasons as to why single sex marriages should be made legal. However it is enough to say that a legal marriage confers dignity and respect on a couple and it is only fair that single sex couples too should be awarded this dignity and respect. References 1. American Anthropological Association, Retrieved from http://www.baywindows.com/index.php?ch=news&sc=glbt&sc2=news&sc3=&id=102133 on 25/3/10 2. American Psychological Association, Retrieved from http://www.apa.org/monitor/2009/04/itpi.aspx on 25/3/10 3. Belge Kathy, Pro Gay Marriage - Why gay marriage should be legal, http://lesbianlife.about.com/cs/wedding/a/lgmarriage.htm 4. Bonauto Mary, Quote Retrieved from Courting Equality: A Documentary History of Americas First Legal Same-Sex Marriages, by Patricia A Gozemba, Karen Kahn, Beacon Press, 2009   Read More