Same-Sex Marriage and the Basis of Their

¶ … same-sex marriage and the basis of their formation. The paper examines the issue of same-sex marriage from the perspective of the Utilitarian moral theory, religious doctrine as well as other perspectives that could arise in the process of investigation.

Same-sex marriage which is the marriage that takes place between two people of similar social gender and biological sex has raised several legal, ethical, religious and healthy issues. In order to fully understand as well as explore the various issues that surrounds the concept of same-sex marriage, it is important to address the moral and legal elements that encompasses this issue. This paper will explore the various stances on the subject of same-sex marriage and the basis of their formation. The paper examines the issue of same-sex marriage from the perspective of the Utilitarian moral theory, religious doctrine as well as other perspectives that could arise in the process of investigation.

The concept of same-sex marriage has several jurisdictions arises from the various different jurisdictions that arises from the various legislative changes to the existing marriage laws, challenges to the courts on the basis of constitutional guarantee on equality. The recognition of same-sex marriage has lead to myriad cases of civil rights, social, political, moral as well as religious issues. Whether such a union should be referred to as a marriage is also debatable (United States District Courts 60).

1. Utilitarianism

I understand utilitarianism as the following -- Utilitarianism states that morality should be guided by the results of an action. If an action maximizes good results (such as happiness) and minimizes bad results (such as pain), then the action is right in the sense that we ought to do it. If an action causes needless suffering, then it would be wrong to do it. If an action would not have any bad results, then the action is not wrong.

Homosexual behavior does not lead to significant harm as far as I can tell. It is true that promiscuous unprotected sex could lead to STD's, but that is just a fact about promiscuous unprotected sex.

Legal issues surrounding same sex marriage

There are several legal issues surrounding the concept same-sex marriage. Some of the legal issues are in support while others fail to support the concept of same-sex marriage. The supporters of the concept of same-sex marriage argue that the concept represents a serious bias and discrimination on the basis of sexual orientation. This assertion is supported by several scientific bodies (Herek 607).

The other argument that is in support of the concept of same-sex marriage is the claim that financial, physical as well as psychological well-being is positively enhanced by marriage. The children of same sex marriage can therefore benefit from the parents who are married within a legally binding and recognized union that is supported by the institutions within our society (United States Court of Appeal 18; Canadian Psychological Association 1).The American scientific Associations literature indicates that the states that single out same-marriage unions as ineligible for recognition as legitimate marriages stigmatizes as well as invites a significant level of public discrimination against the couples in such a union (United States Court of Appeal 1).The other argument in support of the concept of same sex marriage are formed on the basis of what is referred to as the universal human rights issues, equality laws as well as physical and mental concerns (American Foundation for Human Rights 2). The opposition for same-sex marriage is attributed to homophobia and heterosexism (Rimmerman and Wilcox 234). The arguments against same-sex marriage emanates from the rejection of the application of the term "marriege" in the context of same-sex couples (United States District Courts 60) as well as the objection to the social and legal status of the concept of marriage itself when applied to the context of same-sex marriage. The other concerns are related to parenting, tradition as well as tradition.

Ethical issues