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Right to Unite

Essay by   •  November 16, 2010  •  Research Paper  •  2,260 Words (10 Pages)  •  1,503 Views

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Sam* and Alex* have been together for two years. Recently, they decided that they would like to buy a house together. Unfortunately, they are homosexual and are having trouble attaining a loan.. If they were married, as they one day hope to be, there would be no problem getting a home loan . Marriage is not an option for Sam and Alex in the state where they live. Because they are gay, they are unable to legalize their relationship in 48 of the 50 states.

The issue of gay marriage is a very controversial subject since the late 1970's. As of 2004, same-sex marriage is not legally recognized in any U.S. state . Recently the development of same sex civil unions include the state of Vermont, which are designed to be similar to marriage. On May 16th 2004, the a backdrop of whoops and cheers and a party spilled onto the streets, gay and lesbian couples here began filling out applications for marriage licenses at 12:01 a.m. on Monday, when Massachusetts

became the first state in the country to allow them to marry (Belluck). In 2004 a few local government officials, most notably the city officials of San Francisco, started issuing marriage licenses to same-sex couples despite being in conflict with state laws.

In 1993, Hawaii and California legalized the marriage of gay individuals, with Vermont not far behind. Proponents of this measure feel that this current movement toward recognition of same sex relationships has been a long time coming. Those who are against gay marriages feel that by allowing gay individuals to marry, the whole concept of marriage would be destroyed.

The multi-disciplinary view of same sex marriages is that the opposition of theses unions hold strong in their belief of the sanctity of marriage as a union between a man and a woman. The solution to this issue is satisfy both sides the concept of Domestic Partnerships. By offering Domestic Partnerships, homosexual (and unmarried heterosexual couples) will be eligible for all of the same rights, responsibilities and benefits accorded to married heterosexual couples. Also, homosexual couples will be recognized as a legitimate union. This option will please the supporters and the opposers of this issue.

Since 1989, same sex marriages have been legal in Denmark. Researchers

have found that "the divorce rate among Danish homosexuals is only seventeen percent compared to forty-six percent for heterosexuals"(Jones, 22). Psychologists believe that there are several reasons for this. Most homosexuals who are married have been together for several years before the wedding. Unlike heterosexuals, who often are wed months after the relationship begins. Also, married homosexuals tend to be older when they

tie the knot.

Finally, "Danish gays and lesbians rarely divorce...(because)...only those who are strongly motivated to marry do so, given society's disapproval of overt homosexuality"(Jones, 22). Since the legalization of gay marriages in Hawaii and California are so recent, there are no current studies on the divorce rates among homosexuals in the United States. However, one would believe that Danish statistics in this area would be comparable.

"Marriage, the Supreme Court declared in 1967, is 'one of the basic civil rights of man'...'the freedom to marry is essential to the orderly pursuit of happiness'"(Stoddard, 413). The Supreme Court did not differentiate between a homosexual person and a heterosexual person. It seems that the basic argument against same sex marriages it that, by allowing them, we would be desecrating the holiness of marriage and the traditional family union. "Marriage creates families and promotes social stability. In an increasingly loveless world, those who wish to commit themselves to a relationship founded upon devotion should be encouraged"(Stoddard, 413).

Opponents disagree and feel that same sex marriages are unacceptable. However, they are not looking at the statistics of what family has become in today's world. In the 1990's, the definition of family is no longer a husband, wife and two children. There are so many ways to define family that most people think of family as a group of people who love and care for each other. "Almost 3 million of the country's 93 million households now consist of unmarried couples"(Ames,et.al). Many groups are noticing this movement toward the non-traditional family and are taking steps to provide support. "Fran and I chose to get married for the same reason that any two people do," said the lawyer who was fired in Georgia. "We fell in love; we wanted to spend our lives together (Quiden 411)."

In 1992, Lotus Development Corporation became the first large firm to offer benefits "to the 'spousal equivalents' of its gay and lesbian employees"(Spector). Soon after, other companies followed suit. Ben and Jerry's Homemade Incorporated and Levi Strauss along with many other small companies offer benefits to same sex partners of their employees. These companies are definitely not in the majority but it is a start in the

right direction. Not all companies offer these benefits because it is the right thing to do. "Some do it only after employees put pressure on them; some believe it will make them more competitive"(Ames, et.al.).

Whatever the reason, same sex unions are becoming recognized as valid relationships. The obvious next step is Domestic Partnerships. Currently, the approach to same sex marriage "can be divided into three models: de factors, the registered partnerships and the peculiar"(Graff,74). The de factors are countries that recognize heterosexual unmarried couples. According to these provisions, "couples that live together for a year or tow are automatically recognized for everything from pension, and inheritance to inheritance rights and alimony"(Graff,75). In Canada, lesbian and gay couples are treated like unmarried heterosexual couples and are provided with legal protection and benefits.

Peculiars are countries that have unique cultural and legal situations and therefore, cannot be compared to the United States. In South Africa, for example, "same sex partners (are treated) as 'spouses' for everything from health insurance to immigration rights to pension"(Graff,75). Finally, Registered Partnerships are very popular throughout Europe. The first Registered Partnership law was passed in Denmark in 1989. This law states that "(except for adoption or church weddings) every law that mentions marriage or spouses will apply equally to same sex registration and partners""(Graff,75).

In 1996, Gay partnerships

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