...Legalize Same-Sex Marriage in United States Marriage, according to the Webster dictionary, is the state of being united to a person of the opposite sex as husband or wife in a consensual and contractual relationship recognized by law. The Webster dictionary also defines same sex marriage in the same way. However, there are people do not agree and state that homosexual marriage should not be recognized by law. In Lisa Schiffren's essay, "Gay Marriage, an Oxymoron," she states that gay marriage presents a lot of problems to the society and that the ultimate purpose of marriage is to create and nurture offspring (554). However, Thomas Stoddard holds different opinions about this issue. In his essay, "Gay Marriages: Make Them Legal", he argues that marriage does not only have a symbolic meaning, but also physical purposes such as sharing spouse's estate, tax advantages and insurance benefit (551). All of these rights and privileges cannot be obtained if the marriage is not recognized by law. Unlike what Schiffren suggests, in Stoddard's definition, marriage only involves two people in love. They are not getting married because they want to have children. It is the couple's decision whether or not to get married and the government is preventing them to do so. Homosexual marriage should be legalized in United States because marriage is a decision between two people, religion should not be a factor in the decision of marriage, and there should not be any discrimination...
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...Same Sex -Marriage What comes to one’s mind when he or she hears same-sex marriage? Same sex marriage or gay marriage is the union of two people from the same-sex. In the United States marriage is approved, currently five states have legalized same-sex by vote to the State Legislature. The issue has been controversial, because for many people same-sex-marriage is considered immoral. Most religions see homosexuality as abnormality because of their religious believes. In the article “Gay Marriage, an Oxymoron” by Lisa Schiffren. In the article she claims that the basis for society to develop and support marriage is for people to engender and raise children in the normal form. Her allegation is that is that same-sex marriage should not be legalized because making it legal will change the definition society gives marriage, giving it a different definition that will try to make same-sex marriage equivalent to heterosexual marriage. Schifrin fails to argue in her article based on the following subjects of discussion: religion, the importance of children in marriage, the fairness of legal benefits. First Lisa Schifrin brings out religions, more specifically Judeo-Christians claims that the concept of same-sex marriage is contradictory. In her article she express in her writing. “Same-sex marriage” is inherently incompatible with our culture’s understanding of the institution. Marriage is essentially a lifelong compact between a man and a woman committed to sexual exclusivity...
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...........................................5 iv. Organizations..............................................................................5 - 8 v. Health..........................................................................................8 - 9 D. History..............................................................................................................................9 - 11 i. Ancient........................................................................................9 - 11 ii. Modern........................................................................................11 E. 10 Reasons Why Homosexual “Marriage” is Harmful and Must be Opposed.................11 - 17 F. Reasons to Legalize Same Sex Marriage..........................................................................17 - 18 G. Same Sex Marriage in the...
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...Same-Sex Marriage: The Problems with DOMA and the Pursuit for Equality Believe it or not, same-sex marriage has been around since ancient times. At least two Roman Emperors, Nero and Elagabalus, were in gay unions. It wasn’t until the advent of Christianity that the practice of same sex marriage was out-lawed by the emperors Constantius II and Constans in 342 AD and has continued to be through-out most of the world until the twenty-first century (Boswell 83). With the advent of gay rights movement in many industrialized countries, same-sex marriage has become more accepted. A prime example of this is what lawmakers in the state of New York did on June 24, 2011. With a thirty-three to twenty-nine vote, the legislature legalized same-sex marriage, making it the largest state where gay and lesbian couples can now get married (New York Times 2011). However, Even with recent legalization of gay marriage in some parts of the nation there are still states that are strongly against it. States such as Alaska, Hawaii, Nebraska and Nevada have, by popular vote, passed Defense of Marriage Acts (DOMAs) as a constitutional amendment. This gives states the legal right not to recognize same-sex marriage from other states where it is legal. I will argue that DOMA legislation is discriminatory and that same-sex couples have a legal right to the same marriage benefits and public acknowledgment enjoyed by heterosexual couples. Also, that second-class remedies such as civil unions and...
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...Essay 1: Some people believe that marriage is a sacred institution that should only be between a man and a woman, and that it's immoral for marriage to exist between same sex couples, implying inferiority of love between same sex couples. But who are they to stop one’s inalienable right to the pursuit of happiness? I believe marriage should be legal for any two individuals who truly love each other and who have intentions to spend their lives together and be granted legal recognition of their union. Only 5 of the 50 states in the United States of America grant the right of same sex marriage. Under the United States constitution, the 14th amendment specifies equality for all men saying that state cannot “deny to any person within its jurisdiction the equal protection of the laws." Though this doesn’t specifically address the topic of gay marriage, it does give a constitutional basis to the belief in equal rights to marriage between people, regardless of sexual orientation, just as marriage is a right to people regardless of their race. It is not fair for some to have the benefits of marriage while others cannot. All individuals should have the same rights in society, and to me personally the idea goes against our constitution when these rights are denied. People all have their reasons for rejecting or accepting this lifestyle. I believe that one significant influence to a person’s acceptance of different sexual orientations is religion, which is often sited as a reason to deny...
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...ENHANCING TAX REVENUES THROUGH SAME-SEX MARRIAGE INTRODUCTION Proponents of same-sex marriage have used arguments centered on equality, fairness, and microeconomic factors such as reducing taxes for couples who are married, pension inheritance, and Social Security benefits. Opponents of allowing same-sex couples to marry use religious, historical, and political arguments. There seems to be no common basis for one side to convince the other to change its collective mind. Opponents who use the argument that Judeo-Christian holy law declares homosexuality a sin and therefore encouraging sexual relations between people of the same sex by recognizing same-sex marriage is untenable. This argument, of course, requires belief that (1) the Judeo-Christian laws should be the basis for our federal laws, (2) they actually makes such a statement, and (3) that if they make such a statement that the proscription should be taken literally. If one doesn’t accept these assumptions, the argument isn’t compelling. Similarly, the argument that history is on the side opposing same-sex marriage presumes that there were no gay marriages historically and that what was appropriate in the past is also appropriate for the present. Proponents of same-sex marriage claim that the federal Constitution and other civil rights laws provide rights and protections for minorities equal to the rights and protections enjoyed by the majority, which are being denied to the homosexual minority. These...
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...Defense of Marriage Act (DOMA). Under section 3 of this law the federal government defines marriage as a legal union between one man and one woman and defines a spouse as a person of the opposite sex who is a husband or a wife. Under section 2 of this law no state is required to recognize as a marriage a same-sex relationship that is considered a marriage in another state. This law also prevents the federal government from recognizing the validity of same-sex marriages. Section 3 of DOMA was designed by people who have fear and/or hatred towards homosexuals and that makes it unconstitutional. DOMA violates the constitutional right of married same-sex couples to equal protection under the law and reverses the federal government's long history of allowing states to set their own marriage laws. From the very founding of our nation, the definition of marriage has been understood to be a state rather than a federal responsibility. Before 1996 if a couple was legally married under state law they were married for purposes of federal law. Most aspects of marriage are still up to the states such as whether common law marriage is recognized or the age of marriage without parental consent. States even have different rules on the requirements of terminating a marriage. Why are these issues still left up to the states and why are they trying only to determine whether your sex should matter if you want to marry someone? DOMA does not prohibit states from legalizing same-sex marriage but it...
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...Same Sex Marriage Recently the discussion of same sex marriage has been a hot topic in both the political and religious arenas. This controversial issue has caused many citizens to take a solid stance on same sex marriages based on his or her morals, beliefs, and viewpoints. Popular reasons that citizens considered when deciding their stance are civil rights, religion, parenting, and financial matters. This paper will break down the pros and cons of each of the reasons listed and attempt to come to a conclusion of should same sex marriages be legalized in the state of Californians. Civil Rights The Constitution of the United States was written in 1776, which during that time there were no gender specifications noted pertaining to the recognition of a legal marriage. Same sex marriage debate is so large that in 1996, President Bill Clinton signed for the Defense of Marriage Act (DOMA), which clarified that marriage is between a man and woman. The main reason gay and lesbian couples are fighting hard to legalize same sex marriage is so those couples will be allowed to and benefit from the same government, financial, and legal stances as heterosexuals marriages. Several states allow partnerships or civil union for same sex couples, however, they are denied certain rights given to heterosexual couples (National Conference of State Legislatures, 2013). Because of the growing debate of same sex marriages, President Obama administration said that it would no longer defend...
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...Equality in Marriage of Gay and Lesbian Couples William Rigney COM156 4-14-2013 Meg Mikovitis Gay marriage, those two words have the power to stir up controversy, feelings and discussion like no others. Those two words have driven a wedge between the people of the United States, a wedge of tolerance and intolerance. There does not seem to be any middle ground with this debate, one is either in support of this issue of gay marriage, or one is opposed to it. Whatever your feelings are regarding this issue, there is no denying that gay marriage will be an issue for debate for a very long time. While religion may say it is wrong many people believe gay and lesbian couples deserve the same rights as straight couples and do not deserve to be treated differently. Webster’s dictionary defines marriage as n., (1) the state of being united to a person of the opposite sex as husband or wife in a consensual or contractual relationship recognized by law,(2) the state of being united to a person of the same sex in a relationship like that of a traditional marriage <same-sex marriage>. This change in definition was made in 2003. Marriage should be about getting married to that special someone that you love, it is not just a piece of paper that ties us together. It also involves legal, economic and social aspects as well. Civil unions and domestic partnerships are discussed every day in society, but neither is the same as a “legal” marriage, and are not afforded the same rights as...
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...Estate Planning for Same Sex Couples I. Introduction The benefits of marriage are unavailable to same-sex couples. Moreover, outdated intestacy statutes fail to recognize the close family bond between same-sex partners. Moreover, most intestacy laws discriminate against same-sex couples in that gay or lesbian relationships are generally considered invalid for the purposes of distributing the estate of a deceased partner who dies without a will. Accordingly, in order to reap inheritance and tax benefits that are automatically afforded to traditional married couples, these same-sex couples must rely on extensive and creative legal planning. There are several tools that provide solutions to this issue. Contract based estate planning techniques are the most commonly used tools for distributing a decedent’s property at death. Though the following planning mechanisms provide certain advantages, they are also accompanied by various disadvantages. II. Wills A will is an instrument by which a person directs dispositions of property to take effect upon death. It is the only document that allows a decedent’s probate assets to pass testate to persons of his or her choosing as opposed to passing via the strict laws of intestacy, under which the surviving partner would receive nothing. Even in the presence of strategies used to avoid probate such as intervivos trusts, wills are an essential precautionary measure to demonstrate the intent to pass property outside of probate, to...
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...Should Same-Sex Marriage Be Legalized? The Merriam-Webster defines marriage as, “the state of being united to a person of the opposite sex as husband or wife in a consensual and contractual relationship recognized by law (2) : the state of being united to a person of the same sex in a relationship like that of a traditional marriage. Even Merriam-Webster has included same sex marriage in its definition, so why is society not willing to accept this union. Is it religious beliefs or personal belief that makes people take opposing sides? Does involving children into the equation change a person’s views? Marriage is based on the mutual love and respect of two people who decides to spend the rest of their lives together, why does government have the right to impose on that love? Homosexuality and Christianity is a continuous debated throughout churches all across the world. Many churches still refuse to allow homosexuals to enter their sanctuary. Christians believe that homosexuality is a choice and that it is a forgivable sin, if the homosexual changes their ways God will erase the past transgressions. Many churches have different views on homosexuality. While the United Church of Christ, allows its homosexual members to become ordained ministers, while Pentecostals are against same-sex marriages and won’t allow pastors that are homosexuals. The debate continues. There are numerous passages in the Bible that denounce homosexuality. One particular verse, I Corinthians 6:9...
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...Research suggests that many same-sex couples face obstacles in society because, they are often denied the ability to foster or adopt children, and do not receive equal rights when compared with heterosexual married couples. Annotated Bibliography (1)Alexander, L. J. (2013). Arkansas Department of Human Services v. Cole: Another step toward same sex marriage in Arkansas? Arkansas Law Review. Vol. 66 (Issue 2), p527-547.The article focuses on the judgment of Arkansas Supreme Court case in Arkansas Department of Human Services v. Cole; the Arkansas Supreme Court ruled that the Arkansas Adoption and Foster Care Act of 2008, known as “Act1”, was an unconstitutional violation of the fundamental privacy rights granted by the Arkansas Constitution. The source is relevant to my thesis statement because it provides the legality of the law. The author pointed out that the election of November 2008, 58 % of Arkansas voters cast ballots that prohibit a person who cohabited “with a sexual partner outside of a marriage that is valid under the Arkansas Constitution and the laws of Arkansas” from adopting or fostering children. The source of the article was from the Arkansas Law Review 2013, vol. 66. The author, LaToya Alexander, is a teaching assistant at the University of Arkansas. She received her Juris Doctor at University of Arkansas School of Law. According to the case the Arkansas Supreme Court decisions suggest that the Arkansas judiciary is taking a more liberal approach to...
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...Americans would legalize gay marriage nationwide, favor equal rights for such unions Fifty-two percent of Americans would vote for a federal law legalizing gay marriage in all 50 states. Americans' broader support for recognizing same-sex marriage, at 54%, hasn't changed since the Supreme Court's recent rulings. PRINCETON, NJ -- If given the opportunity to vote on a law legalizing gay marriage in all 50 states, the slight majority of Americans, 52%, say they would cast their vote in favor, while 43% would vote against it. Across the nation's major demographic, political, and religious groups, support for the proposed law ranges from as high as 77% among self-described liberal Americans, and 76% among those with no religious affiliation, to as low as 23% among weekly churchgoers, and 30% among Republicans and conservatives. Other groups showing at least 60% support for legalizing same-sex marriage nationwide include Democrats, adults aged 18 to 34, those who rarely or never attend a church or other place of worship, moderates, Easterners, and Catholics. Others showing less than 50% support include Protestants, adults 55 and older, Southerners, and men. The groups showing the most ambiguity about such a same-sex marriage law, with between 51% and 53% in favor and 43% to 45% opposed, include Midwesterners, nonwhites, and adults aged 35 to 54. No Shift Since Court Decisions in General Support for Legalizing Gay Marriage In the same poll, Gallup asked a separate half-sample...
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...Should Same-Sex Marriage be Legalized? Introduction to Ethics & Social Responsibility SOC 120 Should Same-Sex Marriage be Legalized? For many years, the debate of should same-sex marriage be legalized has been a topic unsettled. I believe that same-sex marriage should be legalized because not allowing same-sex marriage is discrimination against minorities, protected by the constitution, and is not a sin according to Bible verses. Those against the idea argue homosexuality is a sin, marriage should be between a man and a woman, and same-sex marriage will weaken the institution of marriage. So which side is correct? And what side are you on? This essay will provide you with the facts about same-sex marriage so that you will be able to answer these questions and form an educated opinion on the topic. When arguing if homosexuality is wrong or right, religious arguments often quote scriptures. The problem with this is that the scriptures being quote have more to the meaning than homosexuality. For example, in Genesis 2:18-25 (NIV), when God created Adam and Eve, one of the biggest sayings is that “God created Adam and Eve, not Adam and Steve.” The first problem with using this saying is that it is true God created male and female, as this is the way you reproduce. The verse is not indicating that God created Adam and Eve as husband and wife. Another argument from this verse is that “God created our body’s to be used in a certain way, and we should not use them in any...
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...Running head: FEDERAL DEFENSE OF MARRIAGE ACT (DOMA) ANALYSIS Federal Defense of Marriage Act (DOMA) Analysis Ashanti Craine Northwestern State University Analysis of Contemporary Social Policy Issues SOWK 4350 Professor Sepora Fisher, LCSW April 29, 2013 Abstract The Law plays a prominent role in the everyday life of same-sex couples, continuing regulations and constant policing of sexuality and gender form around every aspect of same-sex couple and their marriage. Defense of Marriage Act (DOMA) a federal law designed to uphold the traditional meaning of marriage which is described as a union between one man and one woman by not recognizing same-sex marriage and taking the option away from the states to make their own decision. DOMA has become a leading problem not just for the same-sex couples who are denied the rights and privileges in which opposite-sex couples are afforded under the federal law, but DOMA has also been called into question for its constitutionality and whether it not only goes against equal protection for American citizens but also legally discriminates against a group strictly based off their gender and sexuality. Federal Defense of Marriage Act (DOMA) Analysis Problems that Necessitate the Policy: Section 2 of DOMA says “no State, territory, or possession of the United States, or Indian tribe, shall be required to give effect to any public act, record, or judicial proceeding of any other State, territory, possession, or tribe respecting...
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