...CAVE HILL SCHOOL OF BUSINESS UNIVERSITY OF THE WEST INDIES GEMA 6103—LEGAL FRAMEWORK OF BUSINESS, GOVERNMENT AND SOCIETY Individual Project Consideration of and the Legal & Societal Challenges raised by same sex unions Date: July 12th, 2012 Page count: 18 Word Count: 3277 PREPARED BY: OLIVER NICHOLAS TABLE OF CONTENTS Executive Summary 3 Background Facts 4 Business, Government and Society &/Legal Issues Identified 5 Presentation of Analysis and/or Literature Review 8 Literature Review 7 Discussion of Findings 14 Recommendations/Solutions 15 Conclusion 17 Bibliography 18 EXECUTIVE SUMMARY This research paper will provide a critical analysis on the legal and social challenges raised by the legalization of same sex unions/marriages in the Caribbean, specifically Barbados. Several social issues as well as legal constraints and considerations were identified during the research. The paper presents arguments for both the retention of criminalization as well as arguments for the de-criminalization of homosexuality, the first step towards legalizing same sex unions/marriages. The findings, as presented provide the reader with alternative views and arguments; the conservative moral religious argument is presented as well as the more liberal human rights motivated arguments. This will provide the reader with more information supported by sound argument, allowing...
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...Research paper: Same-sex Marriage Petra Jerabkova Sociology 316: Marriage and Family Dr. Alston April 10, 2014 The legalization of same-sex marriage has been a battle that has been raging since the late twentieth century. By not allowing same-sex marriage, the United Sates are creating discrimination against same-sex couples. People of faith are the biggest advocates against same-sex marriages. With the belief that marriage is the foundation for procreation, same-sex couples, without the ability to have their own child, should not be allowed the right of marriage. Seeing that there are many rights and responsibilities associated with marriage, same-sex couples are denied these and are being discriminated against. Same-sex couples are denied the right to make decisions regarding their partner’s health and medical treatment. This emotional trauma, as well as the inability to adopt one another’s children, is experienced by same-sex couples every day. Although many states have adopted civil unions, they are separate and unequal. Same-sex marriage should be legalized to create equality and eliminate the injustice involving same-sex couples. In early times, same-sex marriage was not considered taboo and in many cultures, it was encouraged. Random History (2011) explains that in the early civilizations of Mesopotamia and ancient Egypt, the union between couples of the same-sex was recognized by the kingdom. During Greek’s early years, attraction between...
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...9/12/14 SAME-SEX MARRIAGE Marriage is considered an important aspect of community and culture. It is a right that is not given without serious consideration. Marriage comes with all types of benefits. Property rights, tax related rights, social security benefits, joint parenting and adoption, and estate planning to name a few. Also signifies a couple’s commitment to one another. The right to marriage should be available to all United States citizens. Regardless of sexual orientation. Gays and lesbians (homosexuals) should be able to marry and have the same rights and privileges as heterosexuals. Same-sex marriage is the union of two people of the same gender. Same-sex marriage is a constitutional and human right. In 1978, the Supreme Court ruled marriage as “A fundamental importance to all individuals and the most important relation of life.” The federal government goes by the constitution. The constitution doses not discuss or deal with same-sex marriage directly. Therefore, the federal government doses not recognize same-sex marriage. Same-sex couples are hoping to get federal and state benefits alongside heterosexual couples. The ones against same-sex marriage believe the gays and lesbians (homosexuals) have done something wrong and should be denied the rights and privileges that come with marriage. They think the idea of legalizing same-sex marriage would put the whole idea of marriage a risk of being redefined entirely. While, individuals for same-sex marriage...
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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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...Same-Sex Marriage and Tradition Nancy Messer University of Phoenix Business Communications and Critical Thinking COM275 Fernando Gutierrez-Rueda November 01, 2012 Same Sex-Marriage and Tradition Gay marriage violates tradition. The definition of “tradition”, according to the Oxford Dictionary, is a “long-established custom or belief that has been passed on from one generation to another”. It has been a long-established custom and belief that marriage should only exist between a man and a woman. “A central point of contention in the national debate over same-sex marriage is the importance of preserving tradition. Opponents of such bans argue that tradition is an illegitimate justification for the bans, while defenders of traditional marriage contend that tradition is not only a legitimate justification, but is in fact sufficiently important to withstand heightened judicial scrutiny.” (Ford-Mazrui, 2011, para. 1) Society divides themselves based on class: income, religion, finances, ethnicity, etc.; the majority holding control over the minority since the beginning of time. There is and always will be some group of minorities that are segregated. Traditionally, most cultures have defined marriage as a unification of one man and one woman, but tradition has a dark history. Tradition includes the ownership of slaves, incongruous treatment of workers, and the denial of rights to women. The abolishment of slavery, the women’s rights movement, and civil rights proved that...
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...In a country with its fundamentals based on liberty and equality, America always has struggled with those very concepts. Throughout history, Americans have been challenged to make decisions that have oppressed and freed certain groups of people. The political fight for same-sex marriages is a perfect example of this notion. This relation between spouses has created a major controversy that is creating history in our nation. A series of protests, acts and political scandal has opened America to discuss a topic that had been in “the closet” for a long time. This discussion asks questions that have caused a visceral reaction in society. Same sex marriage opens the door to a new unnatural purpose that could detrimentally influence the fragile generations to come. Tradition is a strong component in the institution of marriage. The ideal American dream usually involves the perfect fairy-tale wedding with the gorgeous white wedding dress for the bride, the matching bridesmaids, the well-arranged bouquet and, the numerous rituals that compose this well thought-out event. Usually it requires a spectacular amount of planning, devotion and dollars to make the important day memorable. Family and friends come together to rejoice in the vows that will bond the two lovers into a lifetime journey of love, commitment and fidelity. Both persons in the relation is expected to have a role in this institution. According to Judith Wallerstein and Sandra Blakeslee, “In the idealized form of the...
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...equality. Equality is the one thing that many Americans before us have fought and lost their lives over for centuries. Whether it be for race, religion, or the right to marry whichever gender we please, equality is the most profound rights that we have not only as American citizens, but as human beings. In this paper I will discuss my views on same sex marriage and analyze how the states Massachusetts and California are more liberal than the state of Kentucky when it comes to the issues of same sex marriage. The states Massachusetts and California are more liberal than the state of Kentucky when it comes to the issues of same sex marriage. In my opinion all American states should follow the state of Massachusetts and allow the right to same sex marriages. Granting legal marriage rights under the law must extend to gays and lesbians to ensure that all citizens enjoy full human rights. Same sex marriage is not only the marriage of man and man or woman and woman, but the marriage of two human beings who are in love. Love sees no gender, and my location should not play a role in who I can and can not marry. Literature Review Same sex marriage has been a major issue in our country for years. This issue has played majors roles in matters such as the legislators we elect, the places we choose to reside, and who we will elect as the next president of the United States. On May 17th, 2004, Massachusetts began marrying gay and lesbian couples. At this point only residents...
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...Most people believe that they deserve the rights they are granted by the government. An upstanding citizen who pays their taxes, serves their community and abides by the law should be afforded the rights of an American. However, not all citizens are afforded equal rights. Gay and lesbians are consistently denied rights that are typically taken for granted by the average American. Specifically, gay and lesbians couples are denied the right to marry even if they are upstanding citizens. They are held at an unfair disadvantage solely because of their sexual orientation. This discrimination must stop because gay and lesbian couples are law-abiding citizens too, who should be afforded the same rights as heterosexual couples. One common problem that plagues gay and lesbian couples that are denied the right to marry is their inability to claim their partner’s social security after he or she has died. The Human Rights Campaign, which work to achieve equal rights for lesbian, gay, bi-sexual and transgender people, is supporting the effort to attain survivor benefits for domesticate partners. They believe, “Any alteration to the Social Security system must include partners of gays and lesbians in its definition of survivor”(Survivor Benefits 1). Currently, there are no programs that give homosexuals survivor benefits like the ones that are provided for heterosexuals who are married or divorced. Gay and lesbian partners are not able to claim benefits of their deceased, regardless...
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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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...Marriage Equality in the United States Com172 Marriage Equality in the United States There is a crusade against same-sex couples in the United States of America, and this conflict affects the rights of those in love with someone of the same-sex wanting a peaceful life in matrimony. It is a persistent battle, and continues to be as difficult as the fight for women’s rights and the desegregation conflicts of the past. Infringing upon Civil rights makes this a matter of human decency, and ignorance-based resistance makes it a matter of fear. Both sides have evoked controversy from political and religious standpoints, and both sides have fought diligently for their beliefs. However, when two consenting adults decide to marry, it is not the business of the government to dictate the relationship between the impending spouses. Marriage is the right of all consenting adults, and when those rights are the property of the state simply because of religious beliefs or personal beliefs, same-sex couples become second-class citizens. In the United States, there are only 13 states legally accepting same-sex marriage, 35 states that consider it illegal and two states that have made no legal decision. Of the 13 states recognizing same-sex marriage, the fight to extend those rights to a federal level has been arduous, making a first major win recently, in June 2013. The Supreme Court ruled the Defense of Marriage Act (DOMA) to be unconstitutional, stating, "DOMA singles out a class of persons...
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...Same-Sex Marriage Bernard Randall-Jones American Intercontinental University Online Abstract Same-sex marriage, also commonly referred to as Gay marriage, is a very hotly contested issue that divides a great number of people throughout the world. In this argumentative essay, the topic is explored by three of its main arguments. The first exploration of this topic will involve the ability of same-sex couples to parent as effectively as their heterosexual counterparts. Next, the legal issues surrounding same-sex marriage are explored. Lastly, the religious arguments are evaluated. Both sides of the argument for and against same-sex marriage are discussed while the reader is given a respect for the position of supporting marriage equality. Same-Sex Marriage Traditionally, marriage has been defined as both a religious and civil institution that has been afforded to one man and one woman in the promise of love. Modern, more liberal ideologies have challenged this view. Lesbian, gay, bisexual, and transgendered (LGBT) people have been at the forefront of championing the cause for the right to expand the definition of marriage to allow everyone to enjoy the same rights and privileges, without discrimination, as their heterosexual counterparts. Amongst the privileges that they seek are to love, honor and cherish their spouses in equal recognition to their heterosexual counterparts. This paper argues that LGBT people should be allowed to marry because homosexual couples...
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...A statement that is very often used about marriage is ‘Marriages are made in heaven’. A marriage is a social union, or a legal contract (under some personal laws) between two individuals that establishes legal rights and obligations between them. It is principally an institution in which interpersonal relationships, including sexual and intimate relations between the spouses, are acknowledged and legalised. When two individuals decide to spend the rest of their lives together, they often legalise their communion by entering into marriage. In many countries, legal recognition is given only to marriages between opposite sex couples, banishing same sex marriages. Homosexuality is considered a taboo in many parts of the world even today. However,...
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...The topic of same sex marriages has flooded our headlines for many years, particularly whether or not it should be legalized. This highly controversial subject has been one that has been very difficult for many people to accept. So imagine that you were in love with someone and you were told you that you couldn’t marry that person. How would that make you feel and what if this was someone you absolutely could not live without? What would you do? These are questions that many people in our society face every day just because of their sexual orientation. Although controversial, the right to marry should be afforded to everyone regardless of sexual orientation. When we look at the legal definition of marriage, according to the Oxford Dictionary, marriage is “the formal union of a man and a woman, typically recognized by law, by which they become husband and wife.” (Oxford Dictionary, 2013) However, in a changing society, where past cultural norms are no longer the norm, this definition should change to fit the times. When it comes to same sex marriages, homosexuals are making great progress in obtaining the same rights as heterosexuals. Just this year, the US Supreme court provided one of the biggest victories of all by striking down parts of the Defense Marriage Act that once denied same sex couples the same benefits that are provided to heterosexual spouses. There are currently only 13 states, which include Massachusetts, Connecticut, Iowa, Vermont, New Hampshire...
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...contract by which a man and a woman engage to live with each other during their join lives, in the union which ought to exist between husband and wife. Marriage has always been a sacred agreement between a man and a woman. This definition was written in the Bible and sanctified by God. Our country was founded on the principles of the Bible therefore should not support an action, such as legalizing same sex marriage, which goes against our founding beliefs. Same sex marriages has a major impact on today’s society in regards to the union of marriage being legalized in all states, how future generations will be affected and how it will affect the institution of marriage in the future. When it comes to the issue of same sex marriage, many people have different views. Research shows that the majority of Americans oppose same sex marriage, but when it comes to deciding who should make the laws, Americans are split in half . (Bayles) 48% of Americans said that the federal government should make the laws and 46% say it should be left to the states. This information shows that the majorities of Americans have strong opinions about the issue, but don’t know of any way to solve the issue. The debate over same-sex marriage has been a prominent issue in our society over many years now, appearing in several ballot initiatives such as California's Proposition 8. The idea of allowing two people of the same gender to enter into the institution of marriage has brought out drastic emotions and reactions...
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...Lester U0814189 Research Outline * Introduction (Thesis: While opposition n to same-sex marriage may exist, it is the legal and constitutional responsibility of the government to legalize homosexual unions) * Define marriage: 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 (Merriam-Webster) * Define civil union: Created in 2000, The legal status that ensures to same-sex couples specified rights and responsibilities of married couples (Merriam-Webster) but does not confer the same understanding as “marriage” * Constitutional * Full faith and credit clause * States must respect the “public acts, records and judicial proceedings of every other state.” This means that whether or not a state recognizes same-sex marriages, they must acknowledge those marriages of people from other states * Loving v. Virginia * “Right to marry is of fundamental importance for all individuals” * Sets precedence. Implies that some extenuating circumstances aren’t enough to bar marriage, same-sex couples should not be denied right * 1st Amendment * Provides for freedom of religion * Allows for any group to vocalize (freedom of speech) their views on marriage * Should not have any conduct on the legal aspect of union. (Separate section, imperative to mention it under constitutional rights * 14th...
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