Debating Same-Sex Marriage - Assignment Example

Lecturer: Research proposal The topic of same sex marriage has been widely debated in the United s and other countries all over the world. While many people and firms are against giving gay couples the go ahead to get married in courts, most of them use arguments such as this will increase the rate of polygamy and corrupt the marriage institution. These arguments may be simple to demystify, but they also do not address the issue of the definition of modern marriages, which is characterized by a union between man and woman in terms of the law and not necessarily God. Therefore, marriage that takes place between various couples is more of a legal matter than it is a religious issue. Same sex marriages are among the numerous hot topics that have elicited a lot of debate recently. It has become a popular subject in political discourses, as well as in both print and broadcast media. The discourse, articles and reports associated with same sex marriages often depend on the rights that exist in the constitution, the amendments as well as the Bill of Rights as the sources of justification that same sex should marry. Some states have dealt with the problem of these kinds of rights in courts all over the United States with differing outcomes. This research proposes to review the available literature that compares the arguments that are for and those that are against gay marriages with a bias towards the arguments that are against this form of marriage. The research will aim at: Defining what marriage is in terms of the law, the bible as well as social constructs Explaining the facts on why gay marriages should not be allowed After defining what marriage is from the various literatures, the research will focus on establishing and providing evidence as to why gay marriages are unnatural and why they should not be allowed to take place. The research will discuss in detail the different arguments that are associated with the topic from various different authors and scholars as well as the bible and the law. The initial objective of the research will be to explain the meaning of marriage, what it entails in terms of the law and the definition developed by the dictionaries and academicians. This will assist in defining the scenario where a marriage is considered to have taken place as well as the parties that are needed so that a marriage can take place. The research will rely on common definitions along with the literature that is found in books and the bible. The second phase of the research involves developing arguments that are against gay marriages. The arguments that will be developed will be based on the sources that have been mentioned above as well as common arguments that have appeared in both print and broadcast media regarding the topic. Reasons for taking the stand that will be taken in this research will also be included. Thesis statement: Same sex marriage is peculiar as it goes against the natural law. Research paper Against same sex marriages Girgis (246), a philosophy Ph.D. candidate at Princeton, George, a visiting professor at Harvard Law School and Anderson, a Fellow at the Heritage Foundation, states that marriage takes place when a man and a woman unite and make a permanent, exclusive commitment to each other that characterized by bearing children and raising them together. The spouses legitimize and revive their union through taking part in conjugal activities that may entail the reproduction process, which brings them together are a reproductive unit. The oxford dictionary, in its delineation of the word marriage, states that; it is a unification involving a male and a female as partners in a relationship. Marriages make majority of humankind more meaningful. This therefore creates a common question that seeks to understand the reason why people of the same sex would want to marry each other. Besides property and other legal issues that may be addressed by other legislations, there is no other reason why people of the same sex would fight tooth and nail to get married. The main arguments that are against same sex marriages are definitional in that marriage should involve different sexes and thus should entail people of the same sex. Therefore, the people who came up with the statutes that address marriage may have contemplated different sex-couples regardless of the fact that the statute is not gendered. The promotion and as well as constitutional acknowledgement of same sex unions does serve the interests of the common good as it basically goes against the grain of the universe. Rubbing contrary to the grain of divine structure is bound to result in splinters or a worse of situation where everyone will develop their own definition of sex thereby destroying the family unit. Lee (45) who holds a PhD in law, argues that same-sex marriages involves a union between two people of similar sex while the legal acknowledgement of same sex marriage is referred to as equal marriage especially by the supporters of same sex marriages. The opponents of this form of marriages consider its legalization as a redefinition of the conventional marriage. The initial legislations that allowed marriages of people from the same sex in the conventional time were established in the beginning of the twenty-first century and by 2014, approximately seventeen nations and various sub-nations had allowed couples from the same sex to be joined in a marriage union. The establishment of same sex marriage legislations has varied depending on jurisdiction and has variously achieved through making amendments to the laws that govern marriage, court rulings that guarantee constitutional equality as well as direct popular votes. The validation and ratification of same sex marriages is an issue that affects the whole society and human freedoms as well as civil rights of an individual. It is also a religious problem in some countries and debates range from whether same-sex marriages should be permitted, to if they should be given a different status such as a civil union. Proponents of same sex marriages asking for the legalization of their marriages are like thieves asking for stealing to be legalized. It is clear from the different definitions of marriage that the topic of same sex marriage is associated with a huge amount of controversy. The proponents of same sex marriages often develop the argument that love is enough for a marriage irrespective of the sexual orientation of the person. On the other hand, the opponents of this form of marriage quote religious perspectives and concerns in regard to rearing and raising children as the main motive for them to challenge the same sex marriage. The conflicts that surround same sex marriage cannot be taken lightly as it encompasses numerous legislative, cultural, religious as well as familial issues. When considered from a legal perspective, the critics of this form of marriage mainly believe that the freedom of marriage is supposed to be limited to couple who are male and female. Those who support are convinced that marriage is their civil right and thus should not be subjected to any restrictions in relation to a specific sexual orientation. The proponents of same sex marriages argue that it should be encompassed in the legal definition of marriage as it is a civil right and thus they seek equal protection and treatment by the constitution. This, though, is very inappropriate in developing the case in support for same-sex marriages. To contend that the constitution accords the same treatment to all the people does not refer to anything associated with marriage, family, businesses or associations. Appealing for equivalent treatment would like asking a court to call for small businesses to be called marriages simply because two business partners consider their businesses to be a marriage. The clear fact is that the right to be treated equally can in no way institute social reality through declaration as civil rights protection works to guarantee all the citizens of equal treatment when it comes to the law the law based on the dispute that is before the law. A just law must first recognize and distinguish identities and dissimilarities that exist in reality so that it can be in a position to afford each its due legally. On form of association recognized by the government is a free contract through which more than one parties may agree to transact or take part in an activity. The law of contract does not make a definition of the nature of the contract but simply clarifies the legal requirements that are supposed to be met by the parties and the significances if this contract is breached. The law that regulates and controls contracts has a restricted role in the association as it encompasses the association only from a legal point of view. Therefore, to argue that people who have previously not been considered as marriage partners show start being considered as marriage partners is a demonstration that marriage law has disregarded something that should have been paid attention to is developed. Since the ancient times, marriage law has focused on specific kinds of enduring bonds that exist between men and women including sexual intercourse. Like air is needed for breathing, so is sexual intercourse for procreation. Irrespective of the kind of enduring bond that is associated with homosexual relationships, it does not encompass the sexual intercourse that is a prerequisite for procreation, thus it does not reach the threshold of marriage. The Defense of Marriage Act, which was established in 1996, is a legislation that gives states in the United States the permission to refute any acknowledgement of same sex marriages that has been done based on the laws of other states. Before section 3 of this legislation was stated to be unlawful, the act, along with other statutes had prohibited couples of the same sex who were married from being considered as spouses in terms of federal laws, therefore excluding them from any form of benefits that married people receive from the federal government. Plastic relationships between human beings cannot be referred to as marriages; real marriage is a relationship that is entrenched in the nature of human and therefore governed by the natural law. The most fundamental principle of natural law is that good should prevail and done by all people and evils should be avoided in any way possible. Through this natural reasoning, human beings can get the perception of what is ethically good or bad, and therefore has an ability to determine the end or purpose associated with each of his actions and how it is ethically wrong to alter the means that assist him achieve an action into the purpose of that action. John Corvino, Chair of the Philosophy Department at Wayne State University and Maggie Gallagher, co-founder of the National Organization for Marriage, who are authors of Debating Same-Sex Marriage argue that any scenario that makes it possible to sidestep the purpose of the sexual act goes against the natural law as well as the impartial virtues of morality (27). Since natural law is universal and unchallengeable, it is etched in the nature of human beings and is the same to all the human beings in the same way. Human nature guides and prohibits constantly, everyone and at all times and even Saint Paul in the bible taught the Romans that natural law was carved into every person’s heart. In an ideal marriage, the male along with the female partner are like a strings and bows as the strings bend the bows while the bows tightens the strings. For children to grow up as well-rounded and complete persons, it is important to raise them while being influenced by their natural mothers and fathers. This has been demonstrated by the obvious hardships that are experienced by orphaned children or those who have to be raised by one parent, or foster parent. Unfortunately, the same environment that these children grow up in will be similar to the ones that children in the same sex marriages will experience. A child whose parents are in a same sex marriage will at all times not have the privilege of growing up with either his natural father or mother. The child will be raised by one-half of the marriage institution who has no blood connection with him in any way and in the process be deprived of a father or mother figure. Therefore, same sex marriages can be considered selfish as they ignore the best interests of the child (Staver 47). Since the proponents of same sex marriages consider this form of marriages as occurrences that give rise to a family, these marriages may serve to endorse these unions as well as the entire homosexual lifestyle in all its variants that exist. Civil law can be considered as the principle that guides the life of individuals in the society and thus they are both critical and decisive towards influencing the thoughts and conduct of individuals. Civil law influences life in relation to the society while deeply modifying the views held by all the members of the society through an assessment of forms and conduct. If same sex marriages were legally recognized, they would curtail specific fundamental ethical values, lessen the traditional marriage and decrease the degree of public morality. Legalization of same sex marriages by the state is like making stealing in the society permissible. Therefore, the state will require that public official officiate at marriage ceremonies for people of the same sex and public schools to make sure children are taught about accepting this form of marriages while reprimanding the state workers who express their disapproval to this form of marriage (Rosenthal 220). Regarding the home environment, parents who are against this type of marriage will have no way of making sure their children are not exposed to this new form of morality. Martha Rosenthal, a professor of physiology at Florida Gulf Coast University, continues to state in her book, Human Sexuality that businesses that provide wedding services will be obligated to offer their services to same sex marriage ceremonies while the property owners who rent out their premises will have to adjust to having same sex couples as their tenants. In all the scenarios where marriage has an impact on the society, Christians and all other people will be expected by the state to go against their consciences by tolerating an intrusion of natural order as well as their faith. Marriage is a journey that should be taken by people who are of different sexes. The essential right to marriage is a freedom that is bestowed on a person and not on couples. Same sex couples already possess the same exact freedom to marry any other person and the applications for marriage certificate licenses do not require that a person declare his sexual orientation. Numerous people who acknowledge themselves as homosexuals have been in unions in the past that were comprised of a male and a female. Conversely, numerous individuals who were in homosexual relationships have abandoned the behavior and entered into unions with people of the opposite sex. If a homosexual is defined as anyone who has faced homosexual attractions, then both these setups characterize homosexual persons who have used their freedom to get married legally. Nevertheless, while all persons have a freedom to get married, none, whether heterosexual or homosexual has possessed a legal freedom to enter into marriage with a willing partner. Every individual, regardless of their sexual orientation is guided by civil limitations as to whom they can enter unions with. All people are legally forbidden to enter into matrimonial union with a person who is under age, an already married person or an individual of the same sex. In this case, there is no discrimination, and this law does not deny any person equal protections by the law as these limitations apply with equality to all persons. A section of people may want to abolish one or more of these time-honored limitations concerning the choices they make for marriage partners. Nonetheless, the fact that a small but voiced majority of people wish to have a person of the same sex as a partner does not give them the freedom to pursue this in the same way that the small minorities are not allowed to settle for underage persons, close relatives or groups for their marriage partners. If same sex marriages were allowed to take place in the society, they would underscore numerous negative changes in the society. For instance, this form of marriage would create an opening for homosexual adoption, which will make more children suffer from the negative consequences of life without typical parents. Spontaneous sex instead of commitment in associations is not the concession but is almost a statute among the gay men. In the event that they enter into associations that have a higher level of commitment, these relationships last for a comparably short time. Studies have demonstrated that the homosexual men, who are committed in their associations, are not faithful to each other as far as sex is concerned. Even though unfaithfulness among the conventional couples is a somewhat common occurrence, the rates that are associated with homosexual men are much higher. Studies have demonstrated that seventy five percent of men who are married and ninety percent of the married women are faithful to their partners in terms of sex. However, a mere five percent of homosexual men remain faithful to their partners and those that are unfaithful have sex with approximately eight different people in a year. Therefore, if the same sex associations become acknowledged under the law as marriages, then the notion of marriage as a faithful union characterized by sexual exclusivity will be destroyed. Including exclusivity and fidelity to the rest of the principles that have already failed have devastatingly negative outcomes for the physical and mental health of the society. All the marriages have their own problems, where sometimes the husband is the source of the problem; sometimes it is the wife who is the source of the problem. This does not necessarily imply that gay sex unions become the solution to these problems. Gay marriages pose a genuine threat to the creation of values associated with rights, identity and control. The people who possess the right and power, and have utilized them in the creation of their identities are conversely threatened by the potential changes. Marriage is more than a mere institution as it symbolizes and represents the cultural ideals the society possesses concerning sex and other human associations. Symbols are important, as they are indicators that a society uses to assist in the creation of a sense of self. Therefore, when the traditional nature of marriage is intruded in any manner, people identities are also challenged. If laws that support gay marriages are passed, then the proponents of these legislations will be using the law to come up with a cultural equivalent of a copyright in relation to the institution of marriage so that it may not be the subject of a lot of debate. Works cited Corvino, John, And Maggie, Gallagher. Debating Same-Sex Marriage. Oxford: Oxford University Press, 2012. Print. Girgis, Sherif, Robert P. George, and Ryan T Anderson. “What Is Marriage”. Harv. JL \& Pub. Poly 34 (2011): 245-287. Print. Lee, Man Yee Karen. Equality, Dignity, And Same-Sex Marriage. Leiden: Martinus Nijhoff Publishers, 2010. Print. Rosenthal, Martha. Human Sexuality. Belmont, CA: Wadsworth, Cengage Learning, 2013. Print. Staver, Mathew D. Same-Sex Marriage. Nashville, Tenn.: Broadman & Holman, 2004. Print. Read More