Same Sex Marriage Has Been

¶ … same sex marriage has been hotly debated in the media and legislatures throughout the country for the past several years (Corvino, 1999). It is an issue that is highly emotional for both sides of the argument with neither side having much tolerance or understanding for the other. In the spectrum of human experience it is a difficult issue to analyze and likely not one that there is any clearly correct position. The ethics, the morality, and the legality of same sex marriage are all pulling in different directions and sorting it all out is a responsibility that society so far has not been able to iron out.

The ethical problem is that gays and lesbians want to enjoy the same rights as heterosexual couples. This position is perfectly understandable but there are a great many of individuals in society who do not want to grant them such status and there are others who feel that their behavior is morally wrong or a sign of some form of mental illness or worse. Many modern day religions support the latter view which confuses the issue even further. These religions take a deontological position that opposes not only same sex marriage but the entire concept of same sex relationships of any kind. Adherents to such religious views will not be accepting of any legislation that hints at any acceptance of such lifestyles.

Classic utilitarianism would also argue against the acceptance of same sex marriage (Koppelman, 2001). Utilitarianism would consider the traditional institution of marriage, the importance of family stability, and the general welfare of society would suffer if marriage was to be expanded to include same sex couples. For a utilitarian the unequal treatment of gays and lesbians is justifiable in order to ensure the greater societal good.

Followers of virtue ethics, however, adopt a much different view toward same sex marriage. For these individuals, ethical and moral decisions are a matter of individual conscious and it is not for society to makes such determination. Proponents of this ethical position would be accepting of same sex marriage as they would assert that there is nothing obviously unethical or imprudent about the capacity for same sex love and, therefore, same sex marriage. The question for such individuals is the pursuit of becoming a good human being and if same sex love or marriage directs one toward that goal than it should be acceptable.

The problem with making a decision regarding same sex marriage on an ethical basis is that such decision involves more than just ethics, that it, it involves more than a determination of what is right or wrong (Lewin, 2004). There must also be a balancing of interests. A democratic society and its policies depend on the legislature to enact laws that reflect those policies. One of the policies adopted by the United States is that all citizens have the right to benefit equally from the laws that are enacted and that all citizens should benefit equally to living in the United States. Proponents of same sex marriage would argue that the right to marry is one of the benefits guaranteed to them as U.S. citizens. This is a popular argument offered by the same sex marriage movement and it is one that is compelling.

For many years homosexuality was considered illegal behavior in most jurisdictions in the United States but most such statutes have been abolished and so gays and lesbians are now full citizens who have the right to expect full rights of citizenship. This means that whatever one's ethical or moral standards might be does not mean that such standards must be expressed in the laws. Many Americans object morally and ethically to the display of pornography; the publishing of songs with colorful lyrics; and, suggestive books and magazines but each of these examples is protected by the First Amendment and the rights of gays and lesbians to marry should enjoy the same protection.

The proponents of virtue ethics are not alone in their support of same sex marriage. Followers of moral relativism would advocate as well that gays and lesbians should be free to choose their own course of action in regard to marriage. Moral relativists believe that there is no universal moral truth. What is right for one individual may not necessarily be right for someone else. They believe strongly that no one has the right to interfere in the choices of others. Similarly, proponents of the ethical egoism position would also advocate for the right of gays and lesbians to marry. This theory of ethics advocates that each individual should do what is best for his or her own self-interest and so a person determining whether to enter into a same sex union should be free to do if they believe it is in their own self-interest.