Same-sex marriage as a civil rights issue in America

¶ … Gay Marriage in Society

The idea of same-sex marriage is currently one of the most controversial issues in American politics and social culture. Conservatives are firmly opposed to expanding the concept of marriage to include homosexual couples while liberals support the proposition within the framework of equal rights. The objections to same-sex marriage are based on religious beliefs and erosion of the so-called "sanctity of marriage" in the human community. Supporters point out that many of the exact same arguments were previously used to justify opposition to civil rights for minority races and opposition to interracial marriage.

Background and History of Gay Marriage in the United States

Currently, the U.S. federal government leaves the definition of marriage to the individual states; same-sex marriage is legal in Massachusetts, Connecticut, Iowa, Vermont, Maine, and New Hampshire (Johnson, 2010). Eight other states recognize marriage alternatives such as domestic partnerships and civil unions, including California, Connecticut, Hawaii, Maine, Nevada, New Jersey, Oregon and Washington State (Johnson, 2010).

In principle, civil unions and domestic partnerships allow unmarried couples many of the same rights and privileges (such as survivor benefits, co-insurance policies, tax breaks, and spousal rights in emergencies) but they do not provide all of the rights of marriage; in addition, it is much more complicated and expensive to draft separate legal documents for each of those rights (Johnson, 2010). Those states with laws recognizing marriage alternatives that predated their recognition of same-sex marriage are currently phasing out those laws because they are now unnecessary. New York, Rhode Island, and Maryland recognize same-sex marriages obtained elsewhere but do not perform them. California performed same-sex marriages from June 2008 to November 2008 but then banned them by a state constitutional amendment called Proposition 8 (Johnson, 2010).

Argument for Gay Marriage

Andrew Sullivan neatly outlines the arguments supporting the recognition of same-sex marriage as a matter of civil rights and fundamental equality under the laws of the United States. Sullivan points out that the principal basis for the objection to same-sex marriage is that it supposedly violates biblical definitions and values. Sullivan reminds his readers that First Amendment constitutional protections prohibit the use of civil law to support religious beliefs or values.

Sullivan also addresses the common basis for opposition that marriage is supposedly "intended" for the purpose of procreating and that same-sex marriages cannot possibly fulfill that purpose. As Sullivan explains, that suggestion is completely inconsistent with the fact that U.S. law allows marriages between elderly couples, infertile couples, and between individuals who choose to remain childless by choice.

Sullivan further explains that permitting same-sex marriage would benefit society by reducing homophobia and by providing a positive message to young people who happen to be homosexual. Currently, they suffer from shame and low self-esteem largely because of the way that they must hide their preference from their peers and because they suffer discrimination and persecution for revealing it. Finally, Sullivan suggests that the half-way approach of allowing domestic partnerships and civil unions allows for more legal complications in connection with defining eligibility and individual rights where such couples break up.

Conclusion

It is understandable why traditional-minded people would oppose same-sex marriage. On the other hand, the argument for same-sex marriage seems stronger than the counterargument, especially when one considers the legal irrelevance of biblical concepts, and the logical irrelevance of the procreation argument. Perhaps the strongest argument supporting same-sex marriage is the growing recognition in American society that the objection to same-sex marriage so closely parallels the arguments once made against interracial marriage in the United States.

Sources Cited

Bennett, William J. "Gay Marriage: Not a Very Good Idea." The Washington Post (May

21, 1996).

Johnson, Ramon. (2010). "States and Countries That Allow Gay Marriage: Same-Sex

Marriage by Region." Retrieved March 8, 2010 from the Balanced Politics.org at: http://gaylife.about.com/od/samesexmarriage/a/legalgaymarriag.htm

Sullivan, Andrew. (1996). "For Gay Marriage."