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Should Gay Marriages Be Legal?

Essay by   •  February 26, 2011  •  Essay  •  1,990 Words (8 Pages)  •  1,338 Views

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Gay Marriage

Should gay marriages be legal? Clearly we as a nation are undecided on this issue.

36 states have passed legislation banning gay marriages, yet the state of Vermont recently

passed a law that allows homosexual couples the right to participate in civil unions. Some

other states are also debating whether or not to allow these couples to marry.

Unfortunately, the dispute has left the United States homosexual community in an

awkward position. There are some people who think that gay people have no rights and

should never be allowed to marry. Other people believe that gay people are just like

anyone else and should enjoy the same rights and privileges as heterosexuals do. I think

that the United States should allow these couples to marry just like any other couple.

There are many opponents of gay people as it is, and they all have their reasons to

dislike the idea of letting them get married. One of the main reasons is that the primary

purpose of marriage is procreation. Because gay couples are unable to have children, they should not be allowed to marry (Schiffen 495). Another main argument is that the word marriage means the union of one man and one woman. This is a long-standing theme of most major Western religions. Under a proposed bill known as the Defense of Marriage act, marriage is defined as "a legal union between one man and one woman as husband and wife." Furthermore, it defines a spouse as " a person of the opposite sex who is a husband or wife" (What 1). Under these guidelines, it is quite obvious that gay couples would not be eligible for marriage. People against homosexual marriage also say that it is

a person's choice to be gay. Since the individual chooses to be a homosexual, they should

not be given special privileges. Another argument that you hear is that these couples

should not get married simply because of the torment and ridicule they would be faced

with in their everyday lives. There are news reports from across America telling about

how a gay person was beaten or killed just because they were looked at as different.

Some of these people would end up the target of verbal abuse and maybe even physical

abuse, just because some heterosexual people see them as different.

There are also some very silly arguments that should be discarded immediately.

One of these arguments is that marriage is traditionally a heterosexual institution. Making love to another man takes away everything that is masculine about you also is said to be a reason against homosexual people. Another argument that is not very valid is that same sex marriage would start us down a "slippery slope" towards legalized incest, bestial marriage, polygamy and all other kinds of horrible consequences (Bidstrup 2-3). These arguments are absurd to even consider as legitimate arguments from intelligent people.

According to the United States Constitution, every individual has the right to the

pursuit of happiness, and the Supreme Court has stated that marriage is essential to the

orderly pursuit of happiness (Stoddard 492). The federal government's statement clearly

contradict that state laws that are now in effect. You hear the saying, "America is the

home of land, liberty, and the pursuit of happiness." Along with the pursuit of happiness

being infringed on, the individual's liberty is also somewhat taken away. Many people

come to America because it's the "Home of the Free." This is a freedom that is being

taken away from these couples. If America were a truly free country, these couples would

be allowed to marry without any complications.

It is obvious that homosexuals are not being treated fairly. By prohibiting gay

marriages, homosexuals are put at economic, legal, and personal disadvantages. In fact,

gay rights activists have cited over 300 benefits that gay couples are not permitted to

enjoy (The Case 1). This is a large amount of rights that are being taken away from these

homosexual couples. Consider these three examples of how the civil rights of

homosexuals are violated.

First, homosexuals and their spouses are denied the right to claim the estate of

their spouses if there is no will present when one of the partners dies. In heterosexual

marriages, spouses are entitled to at least a portion of the spouse's estate unless the

spouse's will explicitly states otherwise. This is not necessarily the rule for people who

are "together," but not legally married. Since homosexual couples are not allowed to

marry, the spouse is not guaranteed the benefit of access to the state.

Second, gays are excluded from group insurance and pension plans offered

through their spouse's jobs. Because gay marriages are not considered legal, they are not

officially recognized by insurance companies. Despite the fact that a gay man may do

exactly the same job as a heterosexual man, the heterosexual man and his wife would

enjoy benefits not available to the homosexual couple.

Third, gays do not enjoy the judicial spousal privilege concerning legal matters. In

legal proceedings, a man cannot be compelled

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