Solution to the Gay Marriage

¶ … Solution to the Gay Marriage Problem

Evaluation Claim

Marriage is one of the basic building blocks of the United States of America. It is an institution that embodies some of the fundamental principles that the nation holds dear: concern for others; love for fellow man; self-sacrifice in the interest of another. When marriage is working best, it operates as "a stable bond between two individuals who work to create a loving household and a social and economic partnership" (Olson 68). The benefits of marriage extend well beyond the confines of the household in which the marriage exists. By transforming two individuals into a union, marriage establishes an investment in the well being of society. Adults have a right to get married, regardless of whether or not they are gay.

The problem arises when any governing body prohibits consenting adults from getting married. This is not an issue at all, unless the topic of gay marriage is being discussed. If two persons of the same gender desire to be joined in matrimony, a legal roadblock is in place to prevent them from fulfilling their wish. Marriage licenses are issued to partners of the same gender in only six places in the United States: Connecticut, Iowa, Massachusetts, New Hampshire, Vermont, and Washington, D.C (Urbina). In every other U.S. state and territory, gay couples are not permitted to share in the legal benefits of being married. This fact is especially a problem in the United States of America, the supposed "Land of the Free." The proposed solution to this problem is to legalize gay marriage in the U.S.

2. Criteria of Evaluation

In order to accurately judge the customs of a country, the foundational documents of that country must be accessed. In this case, the Declaration of Independence and the U.S. Constitution will be used as guides.

The second paragraph of the Declaration of Independence states:

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. -- That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, - That whenever any Form of Government becomes destructive in its ends, it is the Right of the People to alter or to abolish it… (U.S. 1776)

Essentially, what this means is that no one person has more rights than any other person, and that if the government has become destructive, evidenced by denying rights, then that government must be altered or abolished.

The 14th Amendment to the U.S. Constitution echoes this sentiment in a more specific way:

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny any person within its jurisdiction the equal protection of the laws. (U.S. 1868)

If the Declaration of Independence and the U.S. Constitution are cooperating documents, then denying a person's fundamental right to the pursuit of happiness cannot be legislated in any way, nor can such legislation be enforced by any state.

3. Examination of the claim

The proposed solution to the gay marriage problem is to lift the ban on gay marriage in those places where it still exists. In light of the evaluation criteria, this solution is the most logical one available. The Declaration of Independence states that when laws are unjust, they must be changed (U.S. 1776). The ban on gay marriage is unjust because it prevents U.S. citizens from experiencing something that is guaranteed by the constitution.

The 14th amendment prohibits any state from depriving a citizen of life, liberty, or property, but the ban on gay marriage infringes on two of these are. First is liberty. By refusing to recognize gay marriages, states are infringing on the liberty of its citizens. The language of the U.S. founding documents in no way separates people based upon sexual orientation. In fact, the language specifically includes all people in an effort to create a place where all people are free. A law that infringes upon the rights of a citizen to be free is a law that must be changed.

The second part of the 14th amendment upon which the ban on gay marriage infringes is the right to property. Married couples share a great number of benefits not available to persons without a certificate of marriage. One of these benefits falls under the heading of Estate Planning. A married person inherits a portion of the spouse's estate after the spouse dies. A married person also receives an exemption from estate and gift taxes if property is given or left to the spouse. Gay couples are not allowed to receive these benefits in most states, because they are not allowed to be married in most states (NOLO).

Another property benefit gay couples cannot receive is the family benefit. Under the family benefit is the right to receiving equitable division of property should a divorce take place. As it stands, gay couples that break up are not afforded this protection since they are not recognized as married couples (NOLO).

The third property benefit that gay couples are denied is the housing benefit. The housing benefit allows married couples to live in neighborhoods that are zoned for families only. It also allows for the automatic renewing of leases signed by one's spouse. As far as the property issue goes, gay couples do not inherit a portion of the spouse's estate after the spouse dies, they are not allowed to be exempted from the estate or gift taxes imposed by the federal government, they are not afforded an equitable division of property should there be a break-up, nor are they allowed to live in neighborhoods zoned for families only, all because they are not legally allowed to be married.

While the 14th amendment to the constitution guarantees all citizens the rights to liberty and property, the failure of the federal government to recognize the marriage of its same-sex citizens directly infringes upon these rights. In fact, even for persons residing in one of the places that have legalized same-sex marriage, the federal benefits still do not apply because the federal government does not recognize same-sex relationships. This is a law that must be changed because it is in direct violation of the 14th Amendment to the constitution.