Same Sex Marriage: Legal or Illegal

Same-sex Marriage:

Should It Be Legal Or Illegal?

In 2004 eleven states in the United States approved same-sex marriage as a constitutional heterosexual institution (CNN.com) Recently the issue of same sex marriage has been on the minds of Americans along with the puzzling question of whether or not it should be legal. The fight for same-sex marriage is still going strong, yet many people frown upon the idea of people of the same-sex marrying. They say it is unconstitutional, against the religion, and violates the laws of a regular marriage between a man and women. In Dr. Martin Luther King’s “Letter from a Birmingham Jail” he speaks about his right and being treated unconstitutionally. Just like he expressed in his letter, gays and lesbians are trying to get across to the American public.

Same-sex marriage should be legal in all fifty states. The reasoning for same sex marriage to be illegal is not a good enough reason for gays and lesbians. If Congress were to make an amendment like president Bush would like them to, they would be making “an attempt to write discrimination into the Constitution” (CNN.com) They are correct in saying it would be discrimination because gay and lesbians have the same rights as every other American living in this free country. “America is a free society, which limits the role of government in the lives of our citizens. This commitment of freedom, however, does not require the redefinition of one of our most basic social institutions.” (CNN.com) President Bush and Congress should respect the needs for everyone because the “people” are the ones who put them in their positions as our leaders of the country. The “people” include the gay and lesbian community. President Bush and Congress may have strong personal feelings on the subject but that should not affect their decision in making same sex marriage illegal.

The most reoccurring argument against same sex marriage is that it is a violation of the churches. “They contend that only heterosexual unions can fulfill God's requirement that marriages be both loving and procreative” (Charron and Skystad). Not everyone in the United States believes in religion. Therefore this rule cannot apply to everyone. “Because marriage is a basic human right and an individual personal choice, the state should not interfere with same-gender couples who choose to marry and share fully an equally in the rights, responsibilities, and commitment of civil marriage.”(Religioustolerance.com). Just like you are allowed to believe in any religion you would like to, you should be able to marry anyone you would like to. Joe Solmonese, president of the Human Rights Campaign said “The last thing America wants is this Republican-controlled Congress spending time writing discrimination into the Constitution. (Kirkpatrick). The doctrine, Separation of Church and State is a document saying that the institutions of state or government should be kept separate from those of religious institutions. In many peoples opinions it is against all laws that same-sex couples Robert H. Knight agrees as well. “Legalizing same-sex marriage would turn the state against those who believe in the traditional definition of marriage” (Knight). If this doctrine created in 1947 was followed by our nation and the laws that are apart of it, then it should continue to be followed by our government.

The United States of America has gone through many struggles and has resolved many of those struggles with various doctrines and laws. Civil Rights were an issue that was resolved no more then sixty years ago. It was a right that was given to blacks so that they could be considered “equal”. Just like blacks wanted to be “equal” gays and lesbians would also like to be considered “equal” in the respect of marriage. Discrimination is not often seen today with race or sexuality. There is no law that says you cannot be a homosexual, but the people want a law saying since you are homosexual you cannot marry your partner. “California law, which defines marriage as a union between a man and a woman, discriminates on the basis of sex and violates the fundamental right to marry the person of one’s choice” (Egelko). If it is “true love” why should the government step into the relationship and not allow the “lovers” to obtain what every American wants?

The U.S. was built around freedom and rights that is why the people came from Europe and the other countries on the eastern hemisphere, to be free. You cannot say that the U.S. is still completely free when you cannot marry anyone you would like. It does not seem that our country, which prides itself on “freedom”, is letting its people be free. The men and women of this country fight for that freedom in wars, and they have fought for it before. The freedom that everyone enjoys should include same sex marriage.

The President, Congressmen, and people of our country should not be so offended by same sex marriage. It is not affecting their lives in any way. It is making the couple getting married the happiest people in the world, and is affecting their lives greatly. Not letting gays and lesbians marry is affecting them more then it would affect people if they were to get married. There should be no personal feeling in the decision of whether same-sex couples could marry each other. Personal feelings do not run our country, and they should not decide a decision for same-sex marriages.

The Comparison

Dr. Martin Luther King Jr., a brilliant civil rights leader who believed in justice and equality among all is a perfect example of what gays and lesbians need to be able to marry who they want. In the document “A Letter from a Birmingham Jail” is a letter composed by Dr. King, written after he was arrested in Birmingham, Alabama during a non-violent protest. In this letter he talks about discrimination, just and unjust laws and how blacks could change how their community. The right for same-sex marriage is connected to this letter in many ways. Dr. Martin Luther King Jr. may have been writing for the freedom of blacks at the time, but maybe he can help the gay and lesbian community with these same ideas.

The feeling of discrimination is what gay and lesbians have to face every time they are denied marriage. They may be looked at differently from every one else in the country because they are not considered “equal”