The Gay Marriage: Legal Arguments For and Agast | Free Essay Example

Contents:

• SHOULD GAY MARRIAGE BE LEGAL?
• GAY MARRIAGE
• GAY MARRIAGE: THEOLOGIL AND MORAL ARGUMENTS
• GAY MARRIAGE: PROS, CONS, AND WHERE BOTH PARTI STAND
• THE CONSTUTNAL ARGUMENT FOR GAY MARRIAGE
• LEGIMACY OF ‘CTOMER’ SUPREME COURT GAY RIGHTS SE RAIS ETHIL AND LEGAL FLAGS
• THE GAY MARRIAGE: LEGAL ARGUMENTS FOR AND AGAST
• 8 REASONS WHY GAY MARRIAGE SHOULD BE LEGALIZED 
• 10 LEGALIZATN OF GAY MARRIAGE PROS AND CONS

SHOULD GAY MARRIAGE BE LEGAL?

On July 25, 2014 Miami-Da County Circu Court Judge Sarah Zabel led Florida’s gay marriage ban unnstutnal and stated that the ban “serv only to hurt, to discrimate, to prive same-sex upl and their fai of equal digny, to label and treat them as send-class cizens, and to em them unworthy of participatn one of the fundamental stutns of our society. The Amerin Psychologil Associatn, Amerin Psychiatric Associatn, and others nclud that legal gay marriage giv upl “accs to the social support that already facilat and strengthens heterosexual marriag, wh all of the psychologil and physil health benefs associated wh that support. A 2010 analysis found that after their stat had banned gay marriage, gay, lbian and bisexual people suffered a 37% crease mood disorrs, a 42% crease alhol-e disorrs, and a 248% crease generalized anxiety disorrs.

In 2012, the Williams Instute at the Universy of California at Los Angel (UCLA) found that the first five years after Massachetts legalized gay marriage 2004, same-sex weddg expendur (such as venue rental, weddg k, etc.

GAY MARRIAGE

2016 printial ndidate and former Hewlett-Packard CEO Carly Fra stated that civil unns are aquate as an equivalent to marriage: “Benefs are beg btowed to gay upl [ civil unns]… I believe we need to rpect those who believe that the word marriage has a spirual foundatn… Why n’t we rpect and tolerate that while at the same time sayg ernment nnot btow benefs unequally.

Court papers filed July 2014 by attorneys fendg Arizona’s gay marriage ban stated that “the State regulat marriage for the primary purpose of channelg potentially procreative sexual relatnships to endurg unns for the sake of jog children to both their mother and their father… Same-sex upl n never provi a child wh both her blogil mother and her blogil father. Lee Badgett, PhD, Director of the Center for Public Policy and Admistratn at the Universy of Massachetts at Amherst, stated that for many gay activists “marriage means adoptg heterosexual forms of fay and givg up distctively gay fay forms and perhaps even gay and lbian culture. Pla Ettelbrick, JD, Profsor of Law and Women’s Studi, wrote 1989, “Marriage ns ntrary to two of the primary goals of the lbian and gay movement: the affirmatn of gay inty and culture and the validatn of many forms of relatnships.

LGBT activist llective Agast Equaly stated, “Gay marriage ap hetero privilege… [and] creas enomic equaly by perpetuatg a system which ems married begs more worthy of the basics like health re and enomic rights. Queer activist Anrs Zanichkowsky stated June 2013 that the then mpaign for gay marriage “tentnally and malicly eras and exclus so many queer people and cultur, particularly trans and genr non-nformg people, poor queer people, and queer people non-tradnal fai… marriage thks non-married people are viant and not tly servg of civil rights. In Islamic tradn, several hadhs (passag attributed to the Prophet Muhammad) nmn gay and lbian relatnships, cludg the saygs “When a man mounts another man, the throne of God shak, ” and “Sihaq [lbian sex] of women is za [illegimate sexual terurse].

GAY MARRIAGE: THEOLOGIL AND MORAL ARGUMENTS

Matt Barber, Associate Dean for Onle Programs at Liberty Universy School of Law, stated, “Every dividual engaged the homosexual liftyle, who has adopted a homosexual inty, they know, tuively, that what they’re dog is immoral, unnatural, and self-stctive, yet they thirst for that affirmatn. A 2003 set of guil signed by Pope John Pl II stated: “There are absolutely no grounds for nsirg homosexual unns to be any way siar or even remotely analogo to God’s plan for marriage and fay… Marriage is holy, while homosexual acts go agast the natural moral law.

On May 17, 2004, the first legal gay marriage the Uned Stat was performed Cambridge, MA between Tanya McCloskey, a massage therapist, and Marcia Kadish, an employment manager at an engeerg firm. Early Years: Same-Sex Marriage Bans In 1970, jt one year after the historic Stonewall Rts that galvanized the gay rights movement, law stunt Richard Baker and librarian Jam McConnell applied for a marriage license Gerald Nelson rejected their applitn bee they were a same-sex uple, and a trial urt upheld his cisn. ” This lg effectively blocked feral urts om lg on same-sex marriage for s, leavg the cisn solely the hands of stat, which alt blow after blow to those hopg to see gay marriage beg 1973, for stance, Maryland beme the first state to create a law that explicly f marriage as a unn between a man and woman, a belief held by many nservative relig groups.

GAY MARRIAGE: PROS, CONS, AND WHERE BOTH PARTI STAND

Though the gay rights movement saw some advancements the 1970s and 1980s—such as Harvey Milk beg the first openly gay man elected to public office the untry 1977—the fight for gay marriage ma ltle headway for many years. In 1989, the San Francis Board of Supervisors passed an ordance that allowed homosexual upl and unmarried heterosexual upl to register for domtic partnerships, which granted hospal visatn rights and other years later, the District of Columbia siarly passed a new law that allowed same-sex upl to register as domtic partners. C., 1993, the hight urt Hawaii led that a ban on same-sex marriage may vlate that state nstutn’s Equal Protectn Clse—the first time a state urt has ever ched toward makg gay marriage Hawaii Supreme Court sent the se—brought by a gay male uple and two lbian upl who were nied marriage licens 1990—back for further review to the lower First Circu Court, which 1991 origally dismissed the the state tried to prove that there was “pellg state tert” jtifyg the ban, the se would be tied up ligatn for the next three Defense of Marriage Act Opponents of gay marriage, however, did not s on their hnch.

Congrs 1996 passed the Defense of Marriage Act (DOMA), which Print Bill Clton signed to didn’t ban gay marriage outright but specified that only heterosexual upl uld be granted feral marriage benefs. That is, even if a state ma gay marriage legal, same-sex upl still wouldn’t be able to file e tax jotly, sponsor spo for immigratn benefs or receive spoal Social Secury payments, among many other act was a huge setback for the marriage equaly movement, but transient good news arose three months later: Hawaii Judge Kev S.

Phg for Change: Civil Unns The next saw a whirlwd of activy on the gay marriage ont, begng wh the year 2000 when Vermont beme the first state to legalize civil unns, a legal stat that provis most of the state-level benefs of years later, Massachetts beme the first state to legalize gay marriage when the Massachetts Supreme Court led that same-sex upl had the right to marry Goodridge v. Kansas and Texas were next 2005, and 2006 saw seven more stat passg Constutnal amendments agast gay towards the end of the , gay marriage beme legal var stat, cludg Connecticut, Iowa, Vermont (the first state to approve by legislative means) and New Hampshire.

THE CONSTUTNAL ARGUMENT FOR GAY MARRIAGE

Domtic Partnerships Throughout the and the begng of the next, California equently ma headl for seawg on the gay marriage state was the first to pass a domtic partnership statute 1999, and legislators tried to pass a same-sex marriage bill 2005 and 2007. For the first time the untry’s history, voters (rather than judg or legislators) Mae, Maryland, and Washgton approved Constutnal amendments permtg same-sex marriage marriage also beme a feral issue 2010, Massachetts, the first state to legalize gay marriage, found Sectn 3 of DOMA—the part of the 1996 law that fed marriage as a unn between one man and one woman—to be unnstutnal. Wdsor, nservative Jtice Anthony Kennedy sid wh Jtic Ruth Bar Gsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan favor of same-sex marriage rights, ultimately makg gay marriage legal across the natn June this time, was still outlawed only 13 stat, and more than 20 other untri had already legalized gay marriage, startg wh the Netherlands December 2000.

Scholars and the general public beme creasgly terted the issue durg the late 20th century, a perd when attus toward homosexualy and laws regulatg homosexual behavur were liberalized, particularly wtern Europe and the Uned issue of same-sex marriage equently sparked emotnal and polil clash between supporters and opponents. Relig and secular expectatns of marriage and sexualy Over time the historil and tradnal cultur origally rerd by the lik of Bachofen and Man slowly succumbed to the homogenizatn imposed by lonialism.

In other s, the cultural homogeney supported by the domant relign did not rult the applitn of doctre to the civic realm but may nohels have fostered a smoother seri of discsns among the cizenry: Belgium and Spa had legalized same-sex marriage, for stance, spe official opposn om their predomant relig stutn, the Roman Catholic Church.

LEGIMACY OF ‘CTOMER’ SUPREME COURT GAY RIGHTS SE RAIS ETHIL AND LEGAL FLAGS

Most of the world religns have at some pots their histori opposed same-sex marriage for one or more of the followg stated reasons: homosexual acts vlate natural law or dive tentns and are therefore immoral; passag sacred texts nmn homosexual acts; and relig tradn regniz only the marriage of one man and one woman as valid.

Convergg l of evince also suggt that sexual orientatn stigma and discrimatn are at least associated wh creased psychologil distrs and a generally creased qualy of life among lbians and gay men. A US study that surveyed more than 36, 000 people aged 18-70 found lbian, gay and bisexual dividuals were far ls psychologilly distrsed if they were a legally regnised same-sex marriage than if they were not. Of further ncern is rearch fdg that parison to lbian, gay and bisexual rponnts livg areas where gay marriage was allowed, livg areas where was banned was associated wh signifintly higher rat of:.

What has grown is a much greater acceptance of gays and lbians our culture, as well as the social and enomic eedom for gays and lbians to emerge om the closet that has nfed them for so many generatns.

THE GAY MARRIAGE: LEGAL ARGUMENTS FOR AND AGAST

The recent addn of same sex mment ceremoni the Sunday New York Tim weddg and engagement announcements and the populary of shows as "Will and Grace" and "Queer Eye…" dite a shift our culture's attu toward gays and lbians. My purpose today is not to support or fend gay and lbian marriag—ed, many gays and lbians do not want to marry—but simply suggt a theologil approach that might open up the possibily for greater Christian acceptance of, and eccliastil approval for, same sex unns. Catholic sistence: one n uphold the digny of homosexual people while not upholdg their right-to-marry; no unjt discrimatn towards homosexuals is acceptable; they mt be treated wh rpect, and their rights fend.

Supporters of same-sex marriage ntend that gay and lbian upl should be treated no differently than their heterosexual unterparts and that they should be able to marry like anyone else. They pot out, for stance, that homosexual upl who have been together for years often fd themselv whout the basic rights and privileg that are currently enjoyed by heterosexual upl who legally marry — om the sharg of health and pensn benefs to hospal visatn rights. Allowg gay and lbian upl to wed, they argue, will radilly refe marriage and further weaken at a time when the stutn is already ep trouble due to high divorce rat and the signifint number of out-of-wedlock births.

The Catholic Church and evangelil Christian groups have played a leadg role public opposn to gay marriage, while male Prottant church and other relig groups wrtle wh whether to orda gay clergy and perform same-sex marriage ceremoni. Ined, the ordatn and marriage of gay persons has been a growg wedge between the socially liberal and nservative wgs of the Epispal and Prbyterian church, leadg some nservative ngregatns and even whole dc to break away om their natnal church.

8 REASONS WHY GAY MARRIAGE SHOULD BE LEGALIZED 

However, a 2006 Pew survey found that sizable majori of whe male Prottants (66%), Catholics (63%) and those whout a relig affiliatn (78%) favor allowg homosexual upl to enter to civil unns that grant most of the legal rights of marriage whout the tle. Gay Amerins have been llg for the right to marry, or at least to create more formalized relatnships, sce the 1960s, but same-sex marriage has only emerged as a natnal issue the last 15 years. The spark that started the bate me om Hawaii 1993 when the state’s Supreme Court led that an existg law banng same-sex marriage would be unnstutnal unls the state ernment uld show that had a pellg reason for discrimatg agast gay and lbian upl.

Although the bate over gay marriage for a while seemed to fa om the public eye, the issue was sudnly and dramatilly tapulted back to the headl November 2003 when the hight state urt Massachetts led that the state’s nstutn guaranteed gay and lbian upl the right to marry. To beg wh, all the marriage licens issued to gay upl outsi of Massachetts were later nullified sce none of the mayors and other officials volved had the thory to grant marriage licens to same-sex upl.

In 1996, Bill Clton signed to law the Defense Of Marriage Act, which permted state law to not regnize same-sex marriag performed other stat, as well as preventg the feral ernment om regnizg gay marriage at the feral level.

10 LEGALIZATN OF GAY MARRIAGE PROS AND CONS

On June 26, 2015, gay marriage was legalized all stat of the Uned Stat, natnwi, when the Supreme Court hand down the Obergefell cisn statg that same-sex marriage was protected unr two cls of the Fourteenth Amendment.

In 1989, Denmark beme the first untry the world to offer civil unns to same-sex partners, which offered some (but not all) marriage rights to gay 2001, the Netherlands passed a bill legalizg gay marriage — the first untry to do so, as well as the first 2003, Belgium legalized same-sex 2003, urts two Canadian provc cid that gay marriage was a nstutnal right Ontar, then Brish Columbia.