Homosexualtiy

The Declaration of Independence stated that all men were created equal with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness (United States). With that said homosexuals are not given equal rights heterosexuals are given, although they are all apart of the same human race as "men" stated in the Declaration of Independence. Homosexuals are not allowed to marry, file taxes together, adopt, provide medical care for one another, or go to war. In reality homosexuals are not receiving their portion of life, liberty, and the pursuit of happiness. Homosexuality is sexual orientation to persons of the same sex or sexual activity with another of the same sex (Finnis).

Homosexuals have been working on opting same-sex marriage to as far back as in the nineteenth century. The United States during the nineteenth century, there was recognition of the relationship of two women making a long-term commitment to each other and cohabitating, referred to at the time as a Boston marriage; however, the general public at the time likely assumed that sexual activities were not part of the relationship (www.wikipedia.com). Vermont was the first state in the United States to allow same-sex union. On November 18, 2003 in Massachusetts there was an appeal to allow same-sex marriage in the state of Massachusetts. The first applications for marriage licenses for same-sex couples were issued at the Cambridge City Hall. Gay couples formed long lines in anticipation, with some waiting outside the City Hall all evening May 16. Beginning at 12:01 A.M on the May 17, they were permitted to fill out their "Notices of Intent to Marry". The first to file were Marcia Hams and Susan Shepherd (www.wikipedia.com). On March 14, 2005 San Francisco Superior Court Judge Richard Kramer ruled that gay and lesbian couples in California have a constitutional right to marry. He has declared unconstitutional the state law that defines marriage as a union between a man and a woman (Newsom). City officials issued marriage licenses to approximately 4,000 same-sex couples, in apparent defiance of state law. This was highly controversial, with both the legality of issuing the licenses and the efficacy of the purported marriages being contested. During the month that licenses were issued, couples travelled from all over the United States and from other countries to be married. On August 12, citing the mayor's lack of authority to bypass state law, the state Supreme Court ruled that the marriages were void (Newsom).

The homosexual community is working so hard to try and make same-sex marriage legal in more states. The mayor of New York City, Michael Bloomberg is appealing a lower court's decision to allow the city clerk to issue marriage licenses to homosexuals (Economist, vol. 374). In July 2004, the state of New Jersey enacted a law that is practically the same as a typical civil union, giving same-sex couples most of the rights associated with marriage. So far homosexuals have a long way to go before being allowed to marry where ever they choose to. In 2004, 13 states passed referendums prohibiting same-sex marriage and more continue to prohibit it each and every year. Poll results over the past couple of years reveal that most Americans oppose same-sex marriage, although support has increased slightly since the mid-1990s. According to a September 2004 poll sponsored by the Pew Forum and conducted by John Green of the University of Akron, voters split 55 to 45 percent in favor of the proposition that marriage should be only between men and women (wikipedia.com). Plus with President Bush against same-sex marriage it makes it much harder. On Feb. 24, 2004 President George W. Bush called for a Constitutional Amendment to prohibit same-sex marriages at the federal level (Holbrook). On February 26, 2004, O'Donnell married her partner Kelli Carpenter in San Francisco, some two weeks after that city began granting marriage licenses to same-sex couples. Her decision to marry Carpenter came after O'Donnell blasted President Bush over his support for the Federal Marriage Amendment.

Given that homosexuals are not allowed to marry they are not allowed to do a lot of things as couples. Although heterosexual couples who live together for an extensive period of time are considered married under U.S. law homosexual couples are not. This causes many problems that they face; one is as a couple they are not allowed to file for taxes together. For some this may be a good thing for others it may not be so good. If they could they would be allowed to have joint treatment for income-related benefits, joint state pension benefits, or even provide insurance for one another.

Even if one is legally married in other states that do allow same-sex marriage one is still not allowed to file taxes together. Filing taxes is done on a federal level and according to President Bush he has prohibited same-sex marriage on a federal level. Same-sex marriage is only looked at as legal on a state level with the state that allowed for same-sex marriage to take place, it is not acknowledged on a federal level. The Internal Revenue Service established that homosexual couples filing joint tax returns would be in violation of the law under the federal Defense of Marriage Act (CNSNEWS.com). An argument was brought about by a homosexual Tammy C. of LaGrange, KY.

"If we let homosexuals get married legally can we also make them pay the marriage penalty tax? Or will we have to give them special privilege like always? I am so sick of special rights interest groups acting like white heterosexual people get everything handed to them. We have in this country an epidemic. It is the notion that only white people or heterosexual people get privileges and that only these people are prejudice (CNSNEW.com)."

Right now nothing really can be done but for homosexuals to take small steps and allow same-sex marriage to take place on the state level and hopefully or eventually it will lead up to federal level.

Aside from all of the legal rights with same-sex marriage and homosexuals filing for taxes together, homosexuals feel they have even a bigger issue with adopting. U.S. Circuit Court upholds ban on gay adoption. Judicial rulings that have expanded sexual and marital rights for homosexuals in recent months have not extended to same-sex couples wanting to adopt. There are currently 22 states that allow gay adoption. Homosexuals are doing everything they can to pass more states (Sember). Florida which was on a no homosexual adoption is now having a Federal court decision in Lofton v. Kearney, which upheld adoption ban, is on appeal.

Homosexuals believe that they should be allowed to adopt because according to research, homosexuality is a choice (Georgetown Law Journal, p.261-300). No one is born