Same-sex couples and the debate over marriage equality

Same Sex Couples Should Have Marriage Equality

Same sex marriage, which is commonly known as gay marriage is described as a union or marriage between two people of similar biological sex or gender identity. Same sex marriages have generated numerous debates in the recent past given the increase in the number of gay couples and increased enactment of legislation to support these kinds of marriages. The increase in the number of same sex marriages is attributed to the consideration that marriage is a fundamental right and prohibiting these kinds of marriages amounts to violating the rights of these individuals. From a legislative point-of-view, same sex marriages have been legalized in 37 states in America and 16 countries across the globe. One of the major issues surrounding same sex marriages is whether the couples should have marriage equality. This issue or concern has generated considerable debates that have been characterized by contradictory arguments.

Overview of Same Sex Marriages

As previously mentioned, same sex marriages can be described as marital unions or marriages between two people of the same biological gender. The increase in same sex marriages in the recent past can be attributed to increased calls for equal access to civil marriage by same sex couples. These couples have continued to ask for equal treatment on the premise that marriage should be available to every committed, loving couple despite sexual orientation or sex. However, opponents against these marriages have constantly refuted these claims and argued that same sex marriage would have considerable impact on opposite-sex marriages and couples. The opponents of same sex marriages also argue that same sex relationships and unions cannot be regarded as fundamental human rights but an issue of choice.

According to Cahill, Ellen & Tobias, the arguments by opponents of same sex marriages are futile since allowing same sex couples to marry does not have any link or effect on traditional marriages between opposite sex couples (p.2). Despite the opposition, same sex marriages have continued to increase in the recent past based on the increased changes that continue to happen in the society. Actually, the concept of conventional marriage has continued to experience changes over time, which has contributed to the inaccuracy of the definition of marriage as often being a union between a man and a woman. Moreover, the concept of same sex marriage is protected by the constitutional devotion towards individual freedom and equality.

Marriage Equality

One of the major issues that have surrounded same sex marriages is whether same sex couples should have marriage equality. Marriage equality has emerged as a major issue since same sex couples tend to experience several barriers as compared to heterosexual couples. Some of the major challenges same sex couples experience include barriers to health care services, discriminatory attitudes and treatment, and a limited understanding of health care risks. In some cases, these couples and their families are usually affected by the failure to legally recognize their unions, which contribute to inequalities with heterosexual couples.

Marriage equality has continued to be a major issue in relation to same sex marriages despite the fact that these couples marry for relatively the same reasons as straight couples. Similar to heterosexual couples, same sex couples want to get married for love, celebration of commitment, and rite of passage ("Marriage Equality," par, 1). However, unlike same sex couples, heterosexual couples have more than a thousand legal protection and benefits that are geared towards protecting them and their families. Some of these legal protections and benefits are denied to married same sex couples, which can be considered as discriminatory. The denial of these protections and benefits to gay couples continues to increase discriminatory practices and the unfair treatment of these individuals.

The denial and discriminatory practice against same sex marriages in terms of marriage equality can be regarded as violation of civil rights and the constitutional commitment towards promoting individual freedom and equality. Actually, civil and political rights refer to rights that safeguard people's freedoms from unnecessary violations by the government and private organizations. These rights help in ensuring that individuals participate in civil and political life without being oppressed or discriminated against by the government or private organizations. Through denying same sex couples marriage equality, the government is in effect suppressing or discriminating against the ability of these individuals to effectively participate in civic and political life. Therefore, the denial infringes civic and political rights and does not promote physical integrity and safety.

Arguments in Support of Marriage Equality for Same Sex Couples

While the arguments raised by opponents same sex marriage seem logical, they cannot be used as the basis for determining marriage equality for same sex couples because of the fundamental flaws underlying them. First, the argument that States should be permitted to regulate marriage without consideration of constitutional requirements is flawed because such a measure could contribute to violation of fundamental human rights. Actually, States derive most of their jurisdiction and legal mandate from the constitution and cannot therefore establish laws in total disregard to the constitution. Moreover, allowing States to establish and regulate their own marriages does not automatically eliminate all constitutional challenges (Baume par, 19).

Secondly, the argument that same sex couples should not have marriage equality because of inability to produce children by themselves is flawed because of the various factors that determine procreation even for heterosexual couples. If procreation should be used as the only basis for providing legal protections and benefits to couples, then infertile heterosexual couples should not be granted these protections and benefits. Procreation cannot be exclusively used as the means for determining marriage equality since some straight couples enjoy legal protections and benefits despite being unable to produce children or deciding not to have children despite being biologically capable of doing so.

Third, same sex couples should not be denied marriage equality since marriage has historically been defined as a marital union between a man and woman. Throughout the history of humanity, the definition of marriage has constantly changed t accommodate the numerous changes in the society that affect marriage. For instance, when polygamy unions became common in the society, the definition marriage was changed to accommodate such unions. Therefore, rather than deny marriage equality for same sex couples on the basis of the historical description of marriage, the definitions should change to accommodate these marriages and provide them similar legal protections and benefits as straight couples.

Same sex couples should have marriage equality not only because of the flaws associated with arguments against such an initiative but also because of the benefits that come with marriage equality. One of the societal benefits of marriage equality for same sex couples is the fact that it contributes to positive health outcomes. Same sex couples in legally recognized unions and in States with laws that promote marriage equality tend to experience relatively fewer depressive symptoms and lesser stress levels ("Marriage Equality for Same-Sex Couples," p.2). Actually, same sex individuals living in jurisdictions that prohibit such relationships tend to have increased substance abuse, mood, and anxiety disorders, which have considerable impacts on the society with regards to mental health challenges.

Secondly, providing same sex couples marriage equality will actually help in strengthening the marriage institution. This will be achieved through ensuring the institution of marriage accommodates social and cultural changes. As previously mentioned, the history of marriage has been characterized by numerous changes that are geared towards accommodating societal changes. Therefore, allowing same sex couples to have similar legal protections and benefits as heterosexual couples does not necessarily undermine the marriage institution but modifies this institution to embrace societal and cultural changes, which in turn strengthens the institution of marriage.

Third, marriage equality for same sex couples helps in protecting the legal responsibilities for each partner in such a relationship. Generally, the benefits of marriage are usually accompanied by legal responsibilities for each of the partners ("Marriage Equality for Same Sex Couples in New York," p.3). Marriage equality provides the platform for ensuring that each partner in a same sex marriage carries out legal responsibilities and protects them from any manipulation or action that could prove detrimental to the marriage and the society in general. The need for ensuring protection of these legal responsibilities is the fact that same sex couples marries for similar reasons as straight couples.

In conclusion, same sex marriages have become a major issue in the modern society that is characterized by debates in support and opposition of such relationships. One of the major issues surrounding these unions is whether they should have marriage equality with regards to legal protections and benefits provided to straight couples. Some arguments have been raised against marriage equality for these couples based on procreation and definition of marriage. As evident in this discussion, same sex couples should have marriage equality because of flaws in opposing arguments and the numerous benefits of marriage equality to the couples and society.