Same-sex marriage: legal, social, and ethical perspectives

Same Sex Marriage

HAVEN IN A HEARTLESS WORLD

Marriage is seen as a sacred institution which lays down specific responsibilities on the man and the woman concerned. It puts man under the responsibility of providing bread to the family and the woman to take care of the household, raise the children and nurture them. Further a woman's role since history has been to mold the character of the child and like Freud suggests that parents should ensure to only spend quality time with their children. The "Children and Young Persons (Care and Protection) Act 1998" defines a child for whose 'long-term welfare both parties have parental responsibility.' This clearly expresses the notion that both a father and a mother have responsibilities when they have children and not one can excuse their self from this. Christopher explains in his article that children in America today spend less time with their families and the role of molding a child is now being conducted by the school, the peer group and day care centers. Parents have relieved themselves from this responsibility and tend to portray themselves as friends rather than parents. This he explains is the misunderstanding of what Freud expressed. Further an important point that Christopher points out is that even feminists know that a day care center cannot substitute a family but their need to be economically stable like their husbands, forces them to overlook these aspects. Further he rightfully points to the fact that the rest of the world needs to pay heed to the demands of the feminists and in turn the feminists need to realize the importance of family and the role that they should play in it.

Studying "Private Choices and Public Policy: Confronting the Limitations of Marriage," one finds that man has been formulating laws to his needs and benefits. They have taken advantage of the women of society and have only put forward their own concerns. This was seen in the formulation of the 'no-fault' divorce, where an adulteress who was divorced because of her immorality could not marry anyone else as long as her innocent husband was alive. Such laws and regulations give rise to differing feelings and conditions as Christopher describes in his article "Haven in a Heartless World." He states that such laws give rise to feminist movements where women fight and advocate for equal rights. He further states that this naturally gives rise to situations where feminists practice sexual segregation thus given rise to same sex relationships. However, Christopher describing that women feel that they are being oppressed and are not given equal rights and are the sole sufferers is not entirely true. When analyzing "Private Choices and Public Policy: Confronting the Limitations of Marriage" we come across a case where due to the law, a woman who is divorced can have sexual relations with another man while receiving maintenance and spousal support from her previous husband. This case clearly describes of a situation where the woman has nothing to lose and is not being taken advantage of and instead it is the man who is being dealt with unfairly and is manipulated. Where Herma Hill Kay quotes people who claim that same-sex marriages should be allowed, Christopher stresses on marriage as an institution but does point out that married couples have started to take children as being a liability and thus many opt for not reproducing. However at the same time Herma Hill Kay quotes people who promote heterosexual marriages with the idea that it is the natural way of life through which humans can reproduce and add to the cycle of life.

A BIOSOCIAL PERSPECTIVE ON PARENTING

Alice S. Rossi describes that a shift has been seen in the societal opinion as far as family is concerned. This is seen to be true when one reads the "Australian De Facto Relationships Law" where it is observed that the Act includes property and inheritance laws of same sex couples. The New South Wales Act is aimed at going to extents where same sex couples can claim for financial maintenance and the dividing up of property. Although marriage law in Australia states that it is the "voluntary union of one man and one woman to the exclusion of all others," this seems very closely related to the heterosexual marriage and in an indirect way it attests and recognizes the same sex couple as being in a bond of marriage. Thus Alice S. Rossi rightfully states that previously what was always referred to being deviant is today recognized and accepted as a variant. Herma Hill Kay, in her article "Private Choices and Public Policy: Confronting the Limitations of Marriage" states in clear expressive terms that man has tried to give himself all the rights and secure his concerns, thinking himself to be superior to the females. Alice however points out that the earlier Darwin theory of sexual selection had such an impact on the male population where they felt that "superiority evolved in the male line only." In essence her assessment is true and it can be seen from Herma Hill Kay's article that men try to talk and implement what they feel is beneficial to them and fail to understand the other's point-of-view. Antionette Blackwell has been referred to by Alice where she explains that Darwin and Spencer both were in error because "characteristics are transmitted equally to all descendants" whether it is a male or a female. However towards the end of her article, Alice explained that later views regarding the superiority of the white race were rejected and this can be seen where Herma Hill Kay states that America at once used to prohibit mixed racial marriages but today such laws have been abolished. Thus Alice is correct in her observation that ideas of white superiority have been abolished.