Homosexual marriage: legal status and societal perspectives

Same-Sex Marriage: The Debate

Same-sex marriage is marriage between partners of the same gender (Wikipedia, 2004). This type of marriage is currently legal in only a few countries around the world. In the United States, the degree of legality of same-sex marriage varies between different states. In the U.S., the debate over whether or not to make same sex marriages legally binding remains one of the most controversial political debates of this century.

The moral legitimacy of marriage between same sex partners hinges on how the authoritative definition of marriage is viewed (Wikipedia, 2004). If marriage is perceived as a religious foundation, the interpretation of religious texts and traditions are key; if marriage is a social institution or an economic coupling, pragmatic arguments hold more force, though moral issues still apply. Gay rights advocates believe that marriage is a right that should not be limited to heterosexual couples. Their opponents argue that same-sex marriage cannot be allowed on moral or religious grounds, or on the grounds that it will lead to a breakdown of society.

In a recent ABCNEWS/Washington Post survey, 38% of Americans said that they favor amending the U.S. Constitution to make it illegal for homosexual couples to marry, but 58% say, instead, that each state should create its own laws on gay marriage (Morris and Langer, 2004).

The primary arguments for same sex marriage are based on the civil needs of those in the homosexual community. Committed homosexual couples seek legal and social support and protections awarded to heterosexual couples, including medical services and hospital visitation, spousal support, government benefits, economic certainty, employee and health benefits for families, inheritance, tax benefits, immigration status, and other benefits.

Opponents often object to same-sex marriage on religious grounds, arguing that allowing homosexual marriages destroys the conventional meaning of marriage in many traditions, and fails to provide any procreational role (Wikipedia, 2004). In countries that exclusively have monogamous marriages, some opponents argue that allowing same-sex marriage will promote the legalization of polyamorous marriage, or other types of marriage they find objectionable. They also feel that same-sex couples should not be allowed to have or adopt children, and that same-sex marriage would ease the process of these adoptions; they hold that same-sex households are not fit environments for children to be raised in. Others simply do not recognize the need for same-sex marriages. Furthermore, many opponents of same sex marriage feel that legalizing it would alter their society or government's traditional attitudes towards marriage and family.

On the other hand, proponents of same sex marriage argue that traditional concepts of marriage have alreadyoutdated and that many people in modern societies no longer believe in the religious beliefs which inform traditional limits upon marriage, and no longer wish these beliefs to influence the law.

Proponents of equal marriage rights for same-sex couples are quick to point out that there are over 1,000 federal rights and benefits denied same-sex couples by excluding them from legal marriage (Wikipedia, 2004). A legal denial of rights or benefits afforded to others, they argue, goes against the 14th Amendment of the U.S. Constitution which provides for equal protection under the law.

There are many reasons that same sex marriage is a must for today's society (Ost, 2003). Census 2000 revealed that same-sex couples live in 99% of all U.S. counties. They live and vote in nearly every congressional district. Approximately 96% of all American counties have at least one same-sex couple with children under 18; yet in only seven states and the District of Columbia do the laws support gay and lesbian couple adoption.

However, without the benefits of legal marriage, the lives of same sex partners are disadvantaged. According to statistics, the lack of a marriage license may cost tens of thousands of dollars -- and the loss of a home -- when a partner dies.