Gay Marriage Debate

Gay Marriage Debate
By
Eric Paul Scarabin

Though many arguments against gay marriage are based in homophobia, even people who otherwise support the rights of gays and lesbians have advanced arguments against gay marriage. One main concern is that allowing two people of the same sex to marry will devalue the concept of marriage. Those against gay marriage argue that marriage is between one man and one woman and allowing gay marriage would destroy the traditional family, which defenders of this idea value. Others argue that marriages are for procreation. This argument is related to the idea that same-sex couples are not appropriate parents and shouldn't be allowed to assume a family structure. Those against gay marriage often bring up the above points, although their arguments are based on an idea that homosexuality is morally wrong.

States Against Marriage in the US

The opposition to gay marriage varies from county to county in each state, but repeated legal battles have shown that the strength to ban or approve gay marriage ultimately lies with each state's government. Nineteen states - Alaska, Nevada, Montana, Oregon, Utah, Nebraska, Missouri, Michigan, North Dakota, Ohio, Kentucky, Oklahoma, Kansas, Louisiana, Arkansas, Georgia, Mississippi, Texas and Alabama - have explicitly banned the recognition of same-sex marriage, defining marriage as a legal union between one man and one woman only. In Texas, Florida, Ohio and Kansas, marriages where one partner was a post-operative transsexual have been voided by the ban on same-sex marriage It is possible for gay marriage to be banned altogether in the US via federal law. In May 2006, Republicans put forward a Federal Marriage Amendment, an amendment that would prevent states from recognizing gay marriages. The amendment was ultimately defeated in the United States Senate, but without federal legislation supporting gay marriage, a similar law may be introduced in the future.

Behind the Arguments Against Gay Marriage

There are many points brought up in arguments against gay marriage. Some bring up the idea that marriage was created for the propagation of children, that the tradition of marriage doesn't apply to gay people, that it is a heterosexual institution. Lying behind all of these arguments is the basic idea that marriage is the foundation of the traditional family, consisting of a mother, a father and children. It is feared that gay marriage will destroy this structure. These arguments pointedly ignore the fact that the structure of the family has been steadily changing since the mid-50s, as single-parent and diverse families grow in numbers in every country.

Countries Against Gay Marriage

Homosexuality is still illegal in many countries around the world, including Afghanistan , India , Iran , and many countries in Africa . Homosexuality was illegal in the Soviet Union, but several countries formerly part of the Soviet Union have legalized same-sex civil unions or gay marriage. No European country has laws against homosexuality, but not all countries have laws preventing discrimination against gay and lesbian people. Australia passed the Marriage Legislation Amendment Bill in 2004, amending the Marriage Act of 1961 so that it specifically stated marriage was for one man and one woman only. A similar law was proposed by the Republican party in the US in 2006, but it wasn't passed. The religious and moral beliefs of a country tend to inform that country's stand on gay marriage. Although many religions allow gay members, very few will conduct gay marriage ceremonies. Anti-discrimination laws further complicate the matter, as a government's failure to allow gay marriage is not considered discrimination in most courts.

Anti-Gay Marriage

Some famous people who have spoken out against gay marriage include President George W. Bush and Pope John Paul II. Arnold Schwarzenegger, in his capacity as Governor of California, vetoed a bill to allow gay marriage and said he believed that the courts or another vote by the people via a statewide referendum should settle same-sex marriage. Publicity surrounding the issue has forced churches to take a public stand on gay marriage. Normally a tolerant church, the Anglican Church held a convention to discuss gay marriage and tolerance toward homosexuality. The church ruled that gay marriages were against its teachings and distanced itself from church members who support gay rights.

Case Against Gay Marriage

Some opponents of gay marriage fear that by allowing same-sex couples to marry, it will lessen the validity of heterosexual marriage. They say marriage is union with the purpose of creating and raising children. They argue that children fare better in household headed by a man and a woman. Opponents disagree with equating gay rights with the fight for racial equality. They say that homosexuality is not an inborn trait, but a chosen behavior that does not deserve special protection under the law.
Some religious leaders say allowing gay marriages will give a stamp of approval to a behavior that they believe is immoral.

Children

Many opponents of same-sex marriage say that marriage is for the purpose of raising children and that two parents of the same sex are not adequately equipped to raise children. First of all, there is no basis in fact for this opinion. Children do well in homes where they are nurtured and loved, regardless of the parents' genders.
Secondly, many heterosexual couples choose not to or are unable to have children. Yet, their marriages are considered valid. Most states allow single gays and lesbians to adopt children, but only 11 allow two same-sex parents to adopt. By allowing gay couples marriage rights, custody will be shared by both parents and no further legal action will be necessary in the event of the legal parent’s death. The American Association of Pediatrics supports gay and lesbian couples adopting and having children. Many activists say that the laws prohibiting gay marriage are the same as laws that prevented inter-racial couples from marrying. Those laws are now seen as absurd and discriminatory and were overturned in 1967.

Facts About Marriage

Hospital visitation. Married couples have the automatic right to visit each other in the hospital and make medical decisions. Same-sex couples can be denied the right to visit a sick or injured loved one in the hospital.
Social Security benefits.
Married people receive Social Security payments upon the death of a spouse. Despite paying payroll taxes, gay and lesbian partners receive no Social Security survivor benefits — resulting in an average annual income loss of $5,528 upon the death of a partner.
Immigration. Americans in bi-national relationships are not permitted to petition for their same-sex partners to immigrate. As a result, they are often forced to separate or move to another country.

Health insurance.
Many public and private employers provide medical coverage to the spouses of their employees, but most employers do not provide coverage to the life partners of gay and lesbian employees. Gay and lesbian employees who do receive health coverage for their partners must pay federal income taxes on the value of the insurance.

Estate taxes.
A married person automatically inherits all the property of his or her deceased spouse without paying estate taxes. A gay or lesbian taxpayer is forced to pay estate taxes on property inherited from a deceased partner.
Family leave. Married workers are legally entitled to unpaid leave from their jobs to care for an ill spouse. Gay and lesbian workers are not entitled to family leave to care for their partners.

Nursing homes.
Married couples have a legal right to live together in nursing homes. The rights of elderly gay or lesbian couples are an uneven patchwork of state laws.

Home protection.
Laws protect married seniors from being forced to sell their homes to pay high nursing home bills; gay and lesbian seniors have no such protection.

Home protection.
Laws protect married seniors from being forced to sell their homes to pay high nursing home bills; gay and lesbian seniors have no such protection.

Pensions.
After the death of a worker, most pension plans pay survivor benefits only to a legal spouse of the participant. Gay and lesbian partners are excluded from such pension benefits.