Good Essay On Same-Sex Marriage Related Challenges And Solutions
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Perry, Rodney M. "Same-Sex Marriage: A Legal Overview." Congressional Research Service 13 Jan. 2015. Print.
The overview Perry discovers the legal issues relating to the same-sex marriage. Althought there is no government prohibition, many states passed amendments to their constitution or various statutes which declare same-sex marriages to be illegal. Perry considers and analyzes in the context of general constitutional principles and precedents of the Supreme Court. He comes to the conclusion that althought the position of the Court concerning the issue of same sex marriages seems to be poised and balanced, it is still quite complex and ambiguous.
Same-sex: Same Entitlements. Sydney: Human Rights and Equal Opportunity Commission, 2007. Print.
The report by the Human Rights and Equal Opportunity Commission deals with the issue of discrimination of same sex couples. The report discovers the causes and consequences of such discrimination and how same sex couples and their children feel about it.
There has been much discussion around the issue of homosexual marriages in the recent years as more and more people are becoming increasingly supportive of the idea of such marriages. However, the rest of the modern world stands up against this idea and claims it to be unnatural and abnormal. Regardless of whether we want it or not, same-sex marriages are becoming a common occurrence with every passing day. One way or another, there is no point in trying to avoid or ignore this issue and pretending that gay marriages do not exist. It is much better to learn more about this issue and always to be thoroughly enlightened upon the subject.
In the first place, it is necessary to define the term ‘same-sex marriage’. Same-sex marriage is the matrimony between two persons of the same gender. The first country to acknowledge the legality of same-sex marriages was the Netherlands in 2001. As of today, there are 18 countries in the world recognizing same-sex marriage, including most states of the U.S., several states of Mexico and Brazil, as well as Scotland, England and Wales. However, in most countries of the world same-sex marriages and civil unions are not recognized, and in some countries, such as Saudi Arabia, Iran, Yemen, Sudan and others, homosexuality is subject to the death penalty.
It is important to notice that same-sex marriage should be distinguished from various forms of same-sex civil unions, which constitute a separate institute of law and often have significant limitations in comparison with marriage as such. At the same time, same-sex marriages provide for the access of same-sex couples to the legal institution of marriage on an equal basis with heterosexual couples. However, there are cases where same-sex spouses are imposed to certain restraints and restrictions as compared to heterosexual couples.
The fact of the marriage registration grants various specific rights for the married couple, including the right to joint property, the right to alimony, inheritance and trustee rights, social and health insurance, preferential taxation and favorable credit facilities, the right to a name, the right not to testify in court against a spouse and a wide range of other rights.
As of today, much controversy is surrounding the issue of same-sex marriage. Should such marriages be legal? How does same-sex marriage affect the children of such couples and the society in general? Does homosexual marriage hurt feelings of the faithful? It is obvious that the answers to these questions depend on people answering them and their attitude.
All people want to get married for very similar reasons regardless of their sexual orientation. But same-sex couples, as opposed to heterosexual ones, often feel lack of understanding and have to go through society's disapproval. The idea of two men or women loving each other and wanting to live together for the rest of their lives simply doesn't comply with the moral principles and beliefs of heterosexual individuals and, therefore, is considered to be a nonsense.
The greatest challenge related to the issue of same-sex marriage is the objection that it is immoral and abnormal. On the one hand, it is indisputable that all people are equal before the law and God and, therefore, everybody is free to choose whom to love and marry. The advocates of same-sex marriage often say that love has no gender and age. It can also be said in support of homosexual marriages that the matrimony is a holy and sacred ceremony for any individual regardless of his/her gender and the gender of his/her future spouse.
On the other hand, the vast majority of people all over the world consider gay marriage to be an abnormal and deviant phenomenon. In his article "Five Reasons Christians Should Continue to Oppose Gay Marriage", DeYoung states "Allowing for the legalization of gay marriage further normalizes what was until very recently, and still should be, considered deviant behavior". In my opinion it is almost impossible to resolve the dispute concerning marriage equality for same-sex couples as most people never doubt the truth and grounds of their statements and beliefs, but are insistent on their standpoint for no good reason.
One of the most controversial challenges concerning same-sex marriages is the issue of procreation. According to Nussbaum, a lot of people insist that "the main purpose of state-sanctified marriage is procreation and the rearing of children". Consequently, the question arises as to whether any marriage should be considered unnatural if the married couple is not capable of having children.
However, one should not forget that procreation is a problematic issue not only for same-sex couples, but also for people of advanced years and fertility-challenged couples. So, should the marriage be restricted for them, too as they are not procreative? Of course, the majority of people would oppose this point of view, advocating marriage availability for elders and fertility-challenged couples. Moreover, there are many so-called childfree couples who have an intention never to have children. What is even more surprising that these couple receive even more public support than same-sex ones. In her article "A Right to Marry? Same-sex Marriage and Constitutional Law", Nussbaum argues "It is very difficult, in terms of the state’s interest in procreation, to explain why the marriage of two heterosexual seventy-year-olds should be permitted and the marriage of two men or two women should be forbidden". Moreover, one should always keep in mind that there is a possibility of adopting a child for childless families.
Taking into consideration the above, the reality is that there are some same-sex couples that have a child either as a result of complicated medical procedures or an adoption. Consequently, one of the most disputable issue concerning same-sex marriage is its effect on the minds and wellbeing of children. The homosexual marriage is widely thought to be a negative abnormality that harms children to a great extent as it develops misapprehension of 'normal' relationships and family in the minds of young children.
On the other side, people who took up such position tend to forget that having a child for a same-sex marriage couple means deliberate planning and preparation. In addition to that, it is also incredibly difficult and very expensive. As a result, there are no 'unwanted' or 'unplanned' children in such families. It is understood that the children of same-sex couples are given more attention, their personality and individuality is valued and encouraged, as opposed to families advocating the notorious 'traditional values'.
Considering the fact that having a baby is a very deliberate decision for a homosexual family, which is made by mature individuals, it should be obvious that they will be fully committed to the parenthood and take care of moral well-being of their child. At the same time, most people tend to forget that, in general, adoption is a process that has a very positive impact on the community we live in, solving various social problems. The best solution to this challenge is making homosexual couples wanting to become parent take special adaptation training courses. By making use of such courses future parents will be able to learn more about special aspects of raising a child in same-sex parent families and how to break the wall of misunderstanding between them and the society.
The next challenge, which can be referred to the issue of same-sex marriage, is the religious rights abuse. A lot of religious believers taking up the position that same-sex marriage is something evil, argue that in case it receives government approval, they will be obliged to approve of it and in such a manner their spirit and conscience will be violated. In her article "A Right to Marry? Same-sex Marriage and Constitutional Law", Nussbaum argues that the position of many religionists is that "the state has a legitimate interest in banning same-sex marriage on the grounds that it offends many religious believers".
In opposition to this, it should be notified that the recognition of homosexual marriage would not in any way impair the Free Exercise clause of the First Amendment or any other rights of heterosexual religious people. This controversy is likely to be resolved by explaining to the religious believers that the recognition of such marriage will not hurt them by no means.
Bearing in mind that our right to marry is one of the basic civil rights of any man, no individual should be restricted to exercise this right. We are all born equal and everyone is absolutely free to choose whom to love and marry regardless of others' opinions. It is important to mention that our society is becoming more and more tolerant and liberal-minded and it is likely that all the disputes around the issue of same-sex marriage will be resolved one day.
DeYoung, Kevin. "Five Reasons Christians Should Continue to Oppose Gay Marriage." Illinois Family Institute. 11 May 2012. Web. 31 Mar. 2015. <http://illinoisfamily.org/homosexuality/five-reasons-christians-should-continue-to-oppose-gay-marriage/>.
Nussbaum, Martha. "A Right to Marry? Same-sex Marriage and Constitutional Law." Dissent Magazine. Dissent Magazine, August 2009. Web. 1 Apr. 2015. <http://www.dissentmagazine.org/article/a-right-to-marry-same-sex-marriage-and-constitutional-law>.