Argumentative Essay: Gay Marriage Law
Marriage is considered as a sacred institution by a lot of people who believed that it should take place between a man and a woman only and the marriage between same-sex couples is immoral. This presumption implies that there are between same-sex couples are somewhat inferior. But at the same time, it can also be asked that what right these persons have to prevent the pursuit of happiness by same-sex couples which are their inalienable right. An argument that is commonly given in favor of gay marriages is that the law should consider a marriage legal if it takes place between two individuals who love each other truly and also have the intention to spend the rest of your lives with each other and as a result, the union of these persons should be given a legal recognition. However in this regard, an important factor that needs to be noted is that only 17 out of the 50 states of the United States have adopted the law to legalize gay marriage. In this regard, the Constitution of the United States mentions in 14th amendment that states cannot deny the equal protection of the laws to any person within their jurisdiction (Denison, 2013). Although this revision is not specifically related with the marriage of same-sex couples, it does provide a constitutional basis to the belief regarding the equal rights to marriage enjoyed by people, irrespective of their sexual orientation.
The position is almost the same as is the case with the marriage rights that have been provided to the people irrespective of their race. Therefore in view of the above mentioned constitutional provision, it can be argued that the protection provided by these provisions cannot be denied to some persons, only on the basis of their sexual orientation. The reason is that all the people in the society should have the same rights and there are a number of people that by denying legal status to the marriage between same-sex couples, the rights granted by the Constitution are being denied (Francis, Mialon, and Peng, 2009).
At the same time, there are many persons who are against providing legal status to the marriage between gay couples. The opponents of marriage between same-sex couples believe that such marriages should not be legalized as these marriages go against the moral and the very definition of a marriage. For example, the persons who are in opposition to such marriages can destroy the family values and also at the same time, destroy the sanctity of the tradition of marriage. Another argument that this generally given against the legalization of gay marriages is that there are a number of religions across the world like Islam and Catholicism that are strictly against same-sex marriages. However at the same time, it needs to be remembered that religious marriages and civil marriages are to distinct institutions. A number of experts have pointed out that marriage does not only contain an important religious meaning but at the same time, it is also considered as a legal contract. There are a number of couples who do not require any religious leaders for performing their marriage. As a result, the distinction between the framers of law and the framers of religion has to be maintained.
Similarly one more argument that is commonly given against the legalization of gay marriages is that it is commonly believed that both a mother and father are required by a child. They give the statistics of National Institutes of Health (2009) in which it was stated that the girls who were raised in absence of the fathers were at high risk of engaging in sexual activities and an earlier age. These people also argued that the same-sex households are not able to provide the appropriate environment to the children. But now there have been a number of studies available according to which it has been established that the children who had been raised in same-sex households were much more empathetic and open-minded as compared to the children who have been raised by a mother and father.
These researchers have established that the quality of the relationships doesn't matter and the family is much more important as compared to the particular structure of the families. The research conducted by the Human Rights Campaign Foundation also reveals that the children who have been raised by same-sex couples are able to do equally well as compared to the children who had been raised by the straight couples.
At the same time, the utilization of gay marriages can also provide a number of financial benefits. Some people may not be comfortable with the idea to have the money paid by them as taxes being used in support of gay marriages, because they believe that providing legal status to gay marriages may result in too much burden on the taxpayers’ money. On the other hand while the same-sex couples also pay equal Texas like all other people, they should also be received the equal benefits as compared to the other persons. In this way, if the same-sex marriages are legalized, there will be a number of financial benefits like the income earned through the registration of these marriages, the higher income tax and also the reduction in the cost related with the state benefit programs. In this way, it is argued that by legalizing gay marriages, the tax payers’ money that is used on the public assistance programs can be reduced (Evan, 2004).
As a result, the financial benefits that are available to straight couples should also be available to the couples engaging in same-sex marriages. Due to these reasons also, a number of people have argued that the gay marriages should be legalized. Similarly keeping in mind the issues related with human civil rights, and also with a view to encourage family values and at the same time considering the financial benefits that such marriages can provide the state as well as to the individuals, in my opinion, gay marriages should be legalized. For this purpose, all the States of the United States should introduce legislation's rich provide a legal status to the marriages taking place between same-sex couples. The two persons who are of the same sex but at the same time they love each other, should be allowed to proclaim their commitment publicly and also to receive the benefits that are received by the opposite sex couples while engaging in marriage (Chauncey, 2004).
Another argument given in favor of gay marriages is that marriage is considered as an inalienable right of all the individuals. Perhaps it is time to learn from the mistakes of the past and undo the injustices committed on these groups and start accepting people for who they really are. The personal preference of a person should not make such person being formed upon by the society or to be treated unfairly. Therefore a law that provides a legal status to the gay marriages could go a long way in redressing the injustices of the past and at the same time, in providing certainty to the marriages taking place between same-sex couples.
Andrew M. Francis, Hugo M. Mialon, and Handoe Peng, 2009, "In Sickness and in Health: Same Sex Marriage Laws and Sexually Transmitted Infections, Appendix: Legal References and Notes," Emory Law and Economics Research Paper No 11-97
Chauncey, George, 2004, Why Marriage? The History Shaping Today's Debate over Gay Equality. New York: Basic Books
Doug Denison, 2013, "Gay Marriage in Delaware to Become Legal July 1," www.delawareonline.com, May 7
Wolfson, Evan, 2004, Why Marriage Matters: America, Equality, and Gay People's Right to Marry. New York: Simon & Schuster