Why Same-Sex Marriage Should Be Legal

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Why Same-Sex Marriage Should Be Legal

            Same-sex marriage, which is also gay marriage, is the union between two individuals of the same sex. It can also be a marriage of the same gender.  Same-sex marriage has caused controversy in the world today (Hess 344). The legalization of same-sex marriage has led to a division between various parties (Hess 344). Some countries have legalized the concept and accepted it as a normal way of life. Some others have rejected same-sex marriage in their societies. Proponents of same-sex marriage view it to exert man’s right to freedom, while the opposition views it as an unnatural phenomenon that goes against nature’s laws. Despite the antagonism and resistance, it has met, same-sex marriage should be legal in various counties of the world today, regardless of anyone’s sexual orientation.

            First, the basic argument for the legalization of same-sex marriage is equality. The Restriction of marriage to be only for opposite sexes denies man the equality which the law grants (Wedgwood 225). This denial is discrimination against gays and lesbians which gives heterosexuals superiority against their same-sex counterparts. People should be able to marry who they want regardless of their sexual orientation, gender, or sex. Some scholars argue that heterosexuality is morally superior and the natural procreative family means is the goal (Wedgwood 225). Some scholars also argue that heterosexuality has been the norm historically. However, same-sex couples have the same interests and goals as heterosexual folks and their marriage would serve the same purpose in the same way (Wedgwood 225). Also, it is justifiable to allow same-sex marriages to thrive because it is a fundamental principle of liberalism that the state or society should not push for or justify its stand using the concept called the controversial conception of good which supports the moral superiority of heterosexuality (Wedgwood 225). Therefore, same-sex marriages should be legal and allowed to thrive.

            Same-sex marriage should be legal because the constitution preaches equality and the equal protection doctrine which consigns the state to legalize it (Wardle 4). This is to avoid discrimination which the constitution preaches against. If laws preventing same-sex marriage are segregating against a group, then the ones permitting heterosexual marriages should be subject to criticism and scrutiny (Wardle 4). Also, according to the constitution, individuals have a right to privacy, intimate association of who they want to spend their lives with, and intimacy. Inhibition of same-sex marriage will only go to violate these rights and freedom of individuals leading to segregation and discrimination. The constitution supports special protection to these fundamental human rights relating to behavior and relationships. So preventing segregation and discrimination, which the constitution vehemently disproves off, they should make same-sex marriage legal.

            Second, they do not specify the right to marry or freedom of marriage as “the right to marry someone of the opposite sex”. (Wedgwood 240). It has nothing to do with whether sex, gender, or race. It specifies the right for whoever one shares serious desire with, regardless of his or her sexuality. This means that both same-sex couples and heterosexuals have the same motivation and desire for marriage with similar aims and objectives (Wedgwood 241). This means that same-sex marriage is just as reasonable as heterosexual marriages. Although some scholars argue that marriages thrive when each spouse specializes in their typical roles. For example, males being the breadwinners, and females taking care of the children and they cannot find this in a same-sex marriage, further disproving the motivation and goals of marriage. However, there is no reason to believe that same-sex marriage cannot thrive the way heterosexuals do. If the law can marry same-sex couples, some marriages which happened in the past will also resemble same-sex marriages (Wedgwood 241). There would not be any difference between the two overtime as we would see them as the same. Introducing same-sex marriage into the system would alter the societal interpretation of marriage and there would not be any reason to segregate. Therefore, it should be legal in our world today.

            Third, the sexual orientation of individuals is inborn, meaning that they cannot change it. It is unchangeable (Stein 597). Three sources prove this. First, scientifically, people do not choose their sexual orientation (Stein 597). This is because of the observation of human character and sexual orientation. Ethically, individuals who are same-sex oriented should not be discriminated against because this trait is innate and not gained and they did not choose it (Stein 597). Altogether, these ethical and scientific factors are promoting the fact that same-sex marriage should be sanctioned or legalized and should not be discriminated against or treated differently from people who are heterosexual. This means that if a person is born gay, he or she should be free to engage in same-sex marriage and not be limited by society’s laws and religious views. The legal backing is that because these traits are innate and not chosen, there should be equality between heterosexuals and gay people with no form of discrimination or segregation (Stein 597). All these culminate in proving that because it is not a choice and being an inborn trait, same sex marriage should then be sanctioned.

            Some scholars cite the bible and historical data as opposed to gay or same-sex marriage. These scholars argue that it is not biblical to allow same-sex marriages. These people condemn the act of homosexuality, citing that God lists them as the people that will not inherit the kingdom of God (Feeney 1).  Some scholars also cite the old testament of the bible where there were gay individuals in the city of Sodom and Gomorrah. Some pastors claim that God’s destruction of the city proves that he is against gay marriage and homosexuality (Feeney 2). They also justify their claims by saying that God listed homosexual marriages as a great sin and cannot use freedom of choice towards whom and how to marry (Feeney 2). They see it as immoral and perverse. However, despite these claims, these were Old Testament times. Jesus Christ in the New Testament never mentioned gay or same-sex marriage. He also refused to condemn sinners in the New Testament which some preachers refer to same-sex couples as. The New Testament which is the foundation of various churches today never condemned same-sex or gay marriages. Therefore, the sinners who claim same-sex couples on the grounds of religious beliefs and Old Testament scripts are controversial.

            There is various evidence or data which support why gay marriages should be legal. First, in Hawaii where proponents of same-sex marriage won in the court of law that could lead to the legalization of same-sex marriage or judicial authorization in the state (Wardle 11). The case started in 1991 when three same-sex couples were denied marriage licenses in Hawaii. In 1993, the Hawaii Supreme Court which ruled with Baehr vs Lewin supported same-sex marriage and disregarded the law that supported heterosexual marriage and not a same-sex marriage on the grounds of sexuality discrimination (Wardle 11). This violated the state’s equal rights amendment. This evidence supports the claim earlier made that not legalizing same-sex marriage breeds inequality and discrimination.

            Second, there is evidence to support the innate tendency of being gay. They fix several scientific publications introduced in the United States in the early 90s with evidence supporting the claim that homosexuality is an inborn or sexual orientation at birth (Stein 602). Scientists in the 90s claimed that sexual orientation is biologically based. They cited that genes code for proteins and engage in protein synthesis and the proteins lead to the production of hormones and the hormones are under the right environmental stimulus (Stein 603). Then these will eventually lead to the development of a specific part of the body such as the eye. Using this example, scientists claimed that biological factors such as genetics and hormones determined sexual orientation (Stein 604). They claimed that the biological makeup at birth or in childhood determines what a person’s sexuality will be like and based on this point, they should legalize same-sex marriage as the individuals do not choose their sexuality. Details of this premise are in Simon LeVay’s neuroanatomical study Journal. In this journal, there was a difference between the hypothalamus of heterosexuals and gay people (Stein 604). This further boosted the argument that same-sex marriage should be legalized.

            There are also trends as evidence of the increasing realization of the importance of legalizing same-sex marriage. In 2011, 10 countries including Mexico City and seven states in the United States legalized same-sex marriage (Chamie and Mirkin, 531).  About 5% of the world’s population live in places where same-sex marriage is legal. The Netherlands was the first to legalize same-sex marriage and subsequently, many other countries followed through (Chamie and Mirkin, 531).  By the end of 2009 many same-sex marriages totaling 100, 000 world-wide had taken place.

            In conclusion, same-sex marriage is marriage involving people of the same sex or gender. The legalization of the issue has become a topic of passionate debate and controversy in the world today. Many people argue for it while some are against it. Many factors support the legalization of same-sex marriage, such as homosexuality being innate, equality of rights, and the right to marriage. There is also a lot of evidence to prove its legitimacy as shown earlier downs the years. Despite the resistance and opposition met by the legalization of same-sex marriage, it is a concept that has to be serious and legal if progress is to be made in the world today.

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