Gay Marriages Should Not Be

Gay Marriages Should Not Be Legalized

An Analysis of Why Same-Sex Marriages Should Not Be Legalized

Today, the United States enjoys the dubious distinction of being the fourth country on earth to legalize same-sex marriage, even it is was just within the state of Massachusetts (Alderson 107). Not surprisingly, marriages between individuals of the same sex have been met with outrage, contempt and scorn from many members of mainstream society as well as those who would benefit from such enacting legislation as well. According to Alderson, "The legalization of same-sex marriage is a recent societal development that is considered highly controversial by many heterosexual and lesbian, gay, bisexual, and transgendered (LGBT) individuals alike" (108). Same-sex marriages were first legalized in the Netherlands in 2001, and by virtue of a series of court rulings, such marriages have also been legalized it in certain regions of Canada and the United States as well (Alderson 107). Proponents of same-sex marriages maintain that it is a matter of equality and dignity, while opponents suggest that the institution of marriage is, by legal definition, intended to be for a man and a woman only. It is the position of this paper, though, that same-sex marriages should not be legalized for a wide range of reasons, which are discussed further below.

Background and Overview.

According to Black's Law Dictionary, the institution of marriage is the "Legal union of one man and one woman as husband and wife" (972). Marriage, then, is the legal framework recognized and sanctioned by American society that allows men and women to pursue their mutual life goals and to have offspring and raise them according to their personal views and values. Certainly, things are changing in the United States and the world in terms of sexuality, and being "gay" no longer carries with it the social stigma that it once did; however, marriage is one of those societal institutions that should remain inviolate from change simply because of shifts in the social order. Marriages between men and women represent the traditional foundation of American society: "Marriage, as distinguished from the agreement to marry and from the act of becoming married, is the legal status, condition, or relation of one man and one woman united in law for life, or until divorced, for the discharge to each other and the community of the duties legally incumbent on those whose associated is founded on the distinction of sex" (Black's 972). Likewise, a majority of religious scholars agree that same-sex marriages should not be allowed and site as their source the Holy Scriptures; in this regard, marriage is discussed throughout the Bible with significant honor attached to it. "From Genesis to Hebrews," Coolidge and his colleagues point out, "marriage is discussed with utmost dignity and in a manner that implicitly and inherently reflects the complementarity of a man and a woman in a holy union for a lifetime" (84). This distinction of sex and a lifetime commitment are important for the purposes of this analysis because they directly relate to some of the arguments that proponents of same-sex marriages have used in support of their position; these issues are discussed further below.

Arguments For and Against Same-Sex Marriages.

Critics of same-sex marriage suggest that allowing gays and lesbians to "marry" would destroy a social fabric that has already been torn asunder. According to Coolidge and his associates, "The family is essentially the smallest and most intimate form of government. Its historical design is founded in the marriage relationship and thus depends wholly thereupon" (85). Advocates of same-sex marriages maintain that gay and lesbian partners need the legal framework of marriage to provide them with the same protections that are enjoyed by their heterosexual counterparts; however, these individuals already enjoy the same constitutional protections afforded all American citizens. According to Coolidge, Duncan, Strasser and Wardle (2003), any laws that discriminate on the basis of sex are unconstitutional: "All laws that discriminate on the basis of sexual orientation thereby discriminate on the basis of sex and thus are subject to heightened scrutiny under the Equal Protection Clause of the Fourteenth Amendment. Since these laws are not substantially related to any important state interest, they are unconstitutional" (209). It would therefore seem that advocates of same-sex marriages are seeking additional legal protections above and beyond those typically provided.