IndexSame-sex marriageHistorical context of same-sex marriageSame-sex marriage and constitutional lawThe myth of the age of 'goldPanic over same-sex marriageConclusionSame sex MarriageMarriage is a central and ubiquitous issue in society as every religion, social class, race and ethnicity embraces it. For most people in society, marriage is the key to the pursuit of happiness, something that most people admire. The issue of same-sex marriage has been controversial around the world for several decades as public opinion on the topic seems to be constantly evolving. There are several religious and political groups that are deeply opposed to the issue of same-sex marriage, believing that such unions are acts of sin. Say no to plagiarism. Get a tailor-made essay on "Why Violent Video Games Shouldn't Be Banned"? Get an original essay However, some nations such as the United States of America have adopted laws that protect gay marriage; thus making such unions legal. Despite the social and legal changes occurring globally, same-sex marriage remains a controversial issue as there are arguments for and against the issue of concern. Historical Context of Same-Sex Marriage The issue of same-sex marriage has been a subject of controversy since time immemorial across the entire globe, driven by the desire for freedom to marry. In the United States, for example, the last forty years have been marked by serious conversations and debates about the freedom to marry. The debate over the freedom to marry in the United States is rooted in the desire for same-sex couples to express their love and commitment to each other similarly to how different-sex couples do during their marriage. Historically, marriage has survived but the fight over gay marriage still continues. Traditionally, marriage has been a simple union between a man and a woman united by the desire to procreate. Across cultures, the structure of families varies drastically where some cultures encourage monogamy while others promote polygamous marriage. Some cultures also practice monogamy with the possibility of dissolving the marriage in case of infidelity or inability to have children. Additionally, some African and Asian societies tolerated same-sex marriage even if it was not seen as sexual. In such communities, one partner took on the social role of the opposite sex. Inuit in the Arctic are said to have formed co-marriages whereby two husband-wife pairs used to trade partners, an arrangement that ensured peace between the clans. Another cultural practice was witnessed in some South American tribes where an expectant mother might view lovers as all responsible for her child (Eskridge Jr. 1419). The many traditional practices regarding marriage have been erased by increasing globalization although some practices have persisted. Same-sex marriage remained a powerful idea even after being invalidated by England's 1753 Marriage Act. In the United States informal marriage was widespread and generally accepted. Throughout the 19th and 20th centuries it was accepted for a man and a woman to live together as husband and wife. These people were assumed to be married. For same-sex couples, it was difficult to determine when couples began considering themselves married. ANDIt is also difficult to determine how such unions were viewed by the people around them. It turns out, then, that same-sex marriage has a rather longer history than is commonly thought. However, the issue of same-sex marriage depends on the individual's definition and understanding of the issue of marriage. Gay marriage can be traced back to the history of many Native American, African, and Asian cultures. Once again, religious ceremonies in which two men who love each other and are solemnly married for life can be traced back to European countries, through antiquity and up to the end of the Middle Ages. Gay marriages were entered into by kings, aristocrats, and men of all social classes in the 14th century (Eskridge Jr. 1422). In modern times, the Netherlands became the first nation in the world to grant the right to same-sex marriage to its citizens. . Since then, other nations have also enacted laws protecting same-sex marriage and the heterosexual community. Gay marriage was recognized by Belgium in 2003, Spain in 2005, Canada in 2005 and South Africa in 2006. Other states such as Norway, Sweden, Portugal, Iceland and Argentina have also legalized same-sex marriage. In Mexico, same-sex marriage is recognized in all thirty-one states, but is performed only in Mexico City. The most recent case occurred in the United States, where the Supreme Court legalized same-sex marriage in the country after a period of heated political and religious discussion over the issue (Lahey 19). Same-Sex Marriage and Constitutional Law The institution of marriage accommodates many aspects of human life from sexual relationships, friendship and companionship, to motherhood, child care, and mutual responsibility. However, marriages can arise without any of the aspects of human life. The constitutions of many countries have allowed marriage to infertile people and those who are too old to have children. The constitutions of many countries have granted marriage licenses even to those who are very irresponsible and to those who are incapable of love. Factors such as prominence, lack of interest in sex, and denial of marital rights may provide a platform for divorce, but they do not define or preclude marriage. The Constitution, therefore, defines marriage as a union in which the conditions mentioned may not even be present. Research indicates that marriages, in which the human aspects do not exist, are often unhappy unions. Human aspects can exist outside of marriage, as is demonstrated by the fact that many couples who are not married become intimate and form a friendship of mutual responsibility. Same-sex marriages are defined and cannot be stopped as stated by the constitutions of most developed nations. Countries like the United States define gay marriage as unions between two men who live in a friendship of mutual responsibility despite being unable to have children (Gerstmann 4). Despite being protected by the constitution, experts and marriage counselors note that most gay marriages are often not happy as they do not fulfill many human aspects such as motherhood. However, same-sex couples in the modern world have opted for child adoption as a way to make their marriage happy and mission-oriented. Gay couples in recent times have the vision of raising adopted children on their own to make them better people in society. Furthermore, married people in most developed countries haveright to government benefits as an aspect of civil rights. Same-sex marriages in these countries are treated the same as same-sex marriage. Gay marriages, as in the United States, which are often associated with the adoption of children, are entitled to benefits such as preferential treatment in tax, inheritance and insurance terms. Gay couples are also provided with immigration rights and many other rights that different-sex couples also enjoy (Sulivan 253). Same-sex marriage is not just about the content of the marriage as gays and lesbians are also capable of friendship, intimacy, and mutual responsibility as is the case in different-sex marriages. Of course, gays and lesbians are also capable of having sexual intimacy to satisfy their sexual needs. The debate is not even about the civil aspects of marriage since both types of marriage should enjoy the same civil rights as stated in the constitutions of most developed countries. Consensus has not yet been reached globally but, with the rapid social changes experienced in today's society, both same-sex couples and opposite-sex couples can enjoy the same civil rights in their marriage. It appears that only a few states have legalized civil unions with material privileges equivalent to those of marriage. The current controversy and debate on the issue of same-sex marriage is not fundamentally about the religious aspects of marriage. Major religions globally have their own internal debates, so there should be no single religious position on the issue of same-sex marriage. Other religions have taken a friendly stance towards gay and lesbian marriages, while others have strongly rebuked this act. The debate is, however, highly sectarian as there is no single position on the unions that today support same-sex marriage. Under the laws of any state, any religion is free to marry or not marry same-sex couples; it is therefore up to religion to decide on the relevance of same-sex marriages. However, the public debate on the issue of same-sex marriage mainly concerns the expressive aspects of marriage. Civil unions and marriage recall their differences with respect to the expressive aspects of marriage. Homosexual couples feel stigmatized and degraded due to the expressive aspect of marriage which is a form of compromise offer of civil unions. Despite being protected by law, the question of public approval on the issue arises as it appears that some unions are favored while others are given opportunities. It is unclear whether the general public approves of the idea of same-sex marriage in society. Evidently, there are unions that form to support the idea of gay and lesbian marriage while other unions form to represent the majority of public expression regarding the controversial issue (Gerstmann 10). Critics of the issue of same-sex marriage say the government, by providing marriage licenses to same-sex couples, appears to be in the business of expressing favor or dignifying some unions while ignoring the needs of others. Critics also argue that there are no good public reasons for states to be involved in the wedding business at all. Such critics say it is the job of unions to represent the public to engage in the wedding business. The counterarguments against the issue of ensuring married couples the samesex equal marriage rights state that the government has no clear arguments for and against a particular position towards same-sex marriage. Myth of the Golden Age The institution of marriage was often associated with purity in the past, marriage was considered a long-term commitment between a man and a woman, sanctified by the State and God. Marriage was thought of as purpose of having children and companionship. Traditionally, people obeyed the rules regarding the institution of marriage and were happy. Marriage experts say that in today's society, things are falling apart as the purity of marriage is no longer respected by couples. Experts note that marriages resulting in the birth of children lead to selfish pleasure among adults as children grow up without sufficient guidance, support and love from their parents. It is for this reason that same-sex couples are united by marriage to adopt and care for these children who are often abandoned by parents driven by selfish pleasure. However, there is still a need for society to return to the old pure ways instead of opting for solutions such as same-sex marriages that seem unnatural (Wotton 3). Unions advocating for same-sex marriage have linked recent rising cases of gay and lesbian marriage to golden age myths regarding the institution of marriage. In most cases, unions noted that same-sex marriages are based on commitment and responsibility, core values that are currently lacking in opposite-sex marriages. It is indeed true that a good number of children are currently growing up without sufficient economic or emotional support. Lack of economic and emotional support for children is persistent in societies where polygamous marriage is commonplace. Societies that have embraced informal marriage do not have any responsibilities that fall to them, as might be the case with a sanctioned marriage. Many same-sex couples unite around the idea of starting programs that can help such communities develop interest in formal marriages, whether same-sex or opposite. Modern society consists of men and women who have sex outside of marriage through sexual intercourse. with prostitutes. In golden age myths, it was an abomination for a man or woman to have sex outside of marriage as it led to the isolation of women due to lack of companionship from their spouses. Same-sex marriage has therefore been motivated by illicit practices in opposite-sex marriage where couples are not committed to their marriage. However, same-sex marriage risks not being recognized, especially for same-sex marriages between blacks and whites. Same-sex marriage activists in the United States of America encourage society to allow people to marry, regardless of race, sexual orientation, and gender. The politics of humanity apparently requires the entire globe to agree with the unions' arguments regarding our perception on the issue of same-sex marriage. It is, however, important to consider the counterarguments regarding the issue of the freedom to marry members of the same sex. Panic over same-sex marriage Even if society is embracing same-sex marriage or rebuking same-sex marriage, it is important to keep in mind whether the arguments constitute a real legal justification.
tags