Should Same Sex Marriage Be Recognized by the Federal Government - Assignment Example

Should Same Sex Marriage be recognized by the Federal Government? al Affiliation While nature has it that people should be attracted to people of the same sex, there have been numerous cases of people getting attracted to people of the same sex as them. Men have reported getting attracted to fellow men and women to fellow women. The relationships between same sex individuals are known as homosexual relationships. Although same sex individuals have been secretly getting married in the past, the issue has escalated in the twenty first century as many of them continue to come out. This has resulted to some nations legalizing unions between same sex individuals. Other nations however oppose this move as immoral and disastrous. Among them is the United States, which has failed to recognize such unions although they are legalized in some states within the United States. The question of whether same sex marriages should be legalized has been an issue of hot debate, as proponents give reasons for its recognition and opponents vehemently condemn it citing reasons why such marriages should not be recognized. This paper is a research on whether same sex marriage should be recognized by the United States government. It reflects on the main arguments cited for the legalization of same sex marriage and those against and selects that more persuasive and grounded argument. In this case, the conclusion is that the United States federal government should not legalize same sex marriages. Keywords: Same Sex Marriage, Heterosexual, Homosexual, Gay, Straight, Sexual Orientation, Marriage, Lesbian, Gay, Bisexual and Transgender (LGBT) Community Introduction Nature has it that people should be attracted to members of the opposite sex. Men and boys are attracted to women and girls and vice versa. Such relationships are known as heterosexual relationships and are the most common (Spilsbury, 2012). However, there are cases of men and women who get attracted to members of the same sex as themselves. For example, a woman gets attracted to another woman, and a man to another man. Such relationships are known as homosexual relationships and are rare (Spilsbury, 2012). When the relationship is between two men, they are known as gays, while between two women, they are known as lesbians. Sexual orientation has been pointed out as the main reason behind homosexual relationships. While some people get to realize that they are attracted to members of the same sex gradually, others realize it at a very young age. Same sex marriages have been a common phenomenon in the twenty-first century. Nagle defines same sex marriage as “a marriage between two men or two women” (2010, p. 4). The issue has however raised a lot of debate on whether it is morally right and should be legalized, with some supporting it and others objecting it. In nations such as Uruguay, Brazil, Argentina, France, Denmark, New Zealand, Iceland, Sweden, Norway, Canada, Portugal, South Africa, Spain, Belgium, Netherlands and Britain, whose legalization is yet to take effect, same-sex marriage is legal (Masci, Sciupac & Lipka, 2014). In the United States, there are hundreds of thousands of same-sex couples. Same-sex marriages are legal in seventeen states, which include Washington DC, Maryland, Maine, Vermont, Rhode Island, New York, New Hampshire, Minnesota, Illinois, Hawaii, Delaware, New Mexico, New Jersey, Massachusetts, Iowa, Connecticut, and California and illegal in the rest (“17 States,” 2014). The first state to legalize same-sex marriages was Massachusetts in 2004. It is however important to note that although some states have legalized same-sex marriages, the United States federal government does not recognize these marriages. This paper compares reasons given for the federal recognition of same sex marriages and those against it, reflects on the arguments given and settles on the argument that same sex marriage should not be recognized by the US federal government. Reasons why Same-Sex Marriage should be recognized by the US Federal Government Discrimination on sexual orientation will be eliminated: According to Loue, “the legal issues surrounding same sex marriage in the United States are complicated by the nation’s federal system of government” (2009, p. 94). This was due to its failure to establish a definition of marriage. When the federal government got to give its own definition of marriage in 1996, after passing the Defense of Marriage Act, it defined it as a union between one man and one woman. This means that to this day, there is no act or United States federal government agency that recognizes same sex marriage. LGBTs are everywhere and just like the rest of the United States population, they make substantial spiritual, vocational, political, financial, social and cultural contributions to the nation (Lipp, 2013). If the contributions of these people were to be eliminated, the United States would greatly suffer. The importance of these people in the American society can only be affirmed through legalization of same sex marriages by the Federal government. Discrimination on the basis of sexual orientation has also been a primary cause of youth suicide in the United States. This is because the lesbian, gay, bisexual and transgender community has been subject to ridicule by the entire community (Buffie, 2011). For majority of LGBT youths, handling the bullying and ridicule from peers, and the overwhelming feeling of being abnormal is too much and most of them commit suicide to end these predicaments. Campos agrees with this by asserting that “some gay, lesbian, bisexual, and transgender youth unfortunately perceive suicide as an option for ending the chronic problems in their lives” (2003, p. 33). Therefore, accepting the fact that the LGBTs are here with us and are people who deserve recognition will reduce chances of youth suicide, because the society will gradually learn to accept them. It is a constitutional argument: The US constitution holds that all people are created equal and must have equal rights. It also holds that they are at liberty to make their own personal decisions. There is need for gay relationships to be treated as being of equal value to straight relationships, as this will eliminate prejudice and promote equality for all, regardless of sexual orientation (Lipp, 2013). When some states and the federal government fail to acknowledge same sex marriages, they claim that they are upholding morality, while no part of the constitution guarantees them to violate individuals’ rights. Strasser argues that, “same sex marriages should be recognized…because of the Fourteenth Amendment to the United States Constitution, not the Full Faith and Credit Clause” (1999, p. 213). This means that if straight couples can get marriage certificates that are recognized by the entire nation and laws, why shouldn’t homosexual couples enjoy the same? Legally recognized marriages come with a number of benefits such as joint vehicle, health and life insurance, social security benefits, hospital visitation rights, property inheritance and children adoption rights among others. Through federal recognition of same sex marriages, same sex couples will be able to enjoy these benefits. There will be increased family stability as divorce rates will be reduced: Proponents of same sex marriage argue that being the basic units of the society, families need to be stable. This has however not been the case especially in heterosexual marriages since the rates of divorce continue to escalate. For this reason, same sex marriage is regarded as better at promoting family stability. According to research by the Pew research center, the states will the lowest divorce rates in the United States are those that recognize same sex marriage (Northwestern University, 2012). More orphans will have a good chance of being raised by loving foster parents: As the society continues to evolve and economic difficulties continue to rise among nations in the world, the numbers of abandoned and rejected children are overwhelming. Supporters of same sex marriage urge that if same sex marriage gets federal recognition, “a greater number of orphans and abandoned children will have an opportunity to have a real family” (Newton, 2010, p. 65). According to the Huffingpost, the number of gay parents adopting children is increasing day by day, as they continue to be seriously considered as adoptive parents (Kennedy, 2014). With loving foster parents, children get a chance for a good education and an upbringing that is better than what is provided in orphanages. Reasons why Same-Sex Marriage should not be recognized by the US Federal Government The institution of marriage and the traditional family setup will be undermined: Traditionally, the institution of marriage was held very religiously and was meant for one man and one woman. Over the years, people have come up with different beliefs and practices that undermine this institution. Critics argue that lesbian and gay activists are not only after marriage rights for same-sex couples, but rather destroying the traditional family setup and the institution of marriage. If same-sex marriages get recognition by the federal government, future chances of survival for marriage and the family will be eliminated (Newton, 2010). Recognition of same sex marriages will lead to legalization of other dishonorable practices: A relationship between two people of the same sex is immoral and so is marriage between two people of the same sex. Immorality can never be validated. “Therefore, relationships between gay men or lesbians should not be validated by making them legal” (Newton, 2010, p. 60). In fact, chances are that legalizing marriage between two people of the same sex will lead to legalization of marriages between a man and two women or more, a woman with two men or more, a man and an animal, or even siblings (Newton, 2010). The main goal of marriage is procreation: It is a fact that lesbians and gays cannot procreate. According to Newton, the primary role of procreation in straight marriages, “is a core argument for almost everyone who opposes any type of marriage other than that between one man and one woman” (2010, p. 56). The best environment to raise children is in a heterosexual marriage: Proper upbringing of children is only possible in an environment with one man and one woman as a couple, as it helps with formation of children’s sexual identity and bringing up of all round individuals. Legalizing same sex marriage will lead to an eventual and irreversible disaster in the society. This is especially true for generations that stand to be raised by couples of the same sex. In fact, research has it that compared to different sex partners, same sex partners are more likely to end their relationship. This means that although family stability and lower divorce rates have been reported in same sex unions, citing it as a good environment to raise children especially orphans, it may not be such a good environment. Conclusion The argument against recognition of same sex marriages by the United States federal government is more persuasive, and has very strong points in regard to the long term effects that same sex marriage may have on the society if legalized. For proponents of federal recognition of same sex marriage, citing discrimination of the lesbian, gay, bisexual and transgender (LGBT) community as one of reasons why the United States federal government fails to legalize same sex marriage is a baseless argument. It is a fact that the United States government does not impose any harm on the LGBT community and has accepted that these people do exist. Requesting for the legalization of same sex marriage as a way of showing that these people are not discriminated is certainly asking too much, considering that the government has to weigh the goods and the bads that would come with such a decision. Regarding the fact that liberty and equality are cited in the United States constitution as the rights that every person in the nation should enjoy, the government has the authority to impose a limit as to how far these liberties and rights can go. The government may interfere with the rights and liberties of people when the common good of all people matters more. Giving unions between people of the same sex the tag marriage does not make them marriages. By nature and since time immemorial, marriage was meant for one man and one woman and its goals were procreation, proper upbringing of children, as well as well-being and unity between the spouses. These goals cannot be naturally met by same sex marriages. Same sex marriages pose a serious threat to the traditional family unit and the institution of marriage. Proponents argue that it promotes stability within families and reduces the rates of divorce, but the vice versa is happening. Many heterosexual couples have been separating on the basis of discovering that they are gay and a high number of them are getting into homosexual relationships. In fact, majority of individuals in homosexual relationships were previously in heterosexual relationships and either separated with or divorced their partners. If same sex marriages are to be legalized, the situation will certainly get out of hand as most individuals in heterosexual relationships will have more reason to separate from their partners and move to homosexual unions. Orphans certainly need foster parents to take care of them, but legalizing same sex marriages poses more harm to children raised by such partners, future generations and the global society as a whole. If the United States federal government decides to legalize same sex marriage, chances are that it will legalize more dishonorable acts in future. Two men will argue for legalization of a union with one woman or a man with a beast, siblings and God knows what else. My stand is that the United States federal government should not legalize same sex marriages. Reference List Buffie, W. C. (2011). Public Health Implications of Same Sex Marriage. Retrieved from http://www.ncbi.nlm.nih.gov/pmc/articles/PMC3093259/. Campos, D. (2003). Diverse Sexuality and Schools: A Reference Handbook. Santa Barbara: ABC-CLIO, Inc. Kennedy, K. (2014). Number of Gay Couples Adopting has skyrocketed in the Past Decade. Retrieved from http://www.huffingtonpost.com/2011/10/21/adoptions-spiked-among-gay-couples_n_1023885.html. Lipp, M. (2013). 7 Ways the USA Benefits from the Legalization of Gay Marriage. Retrieved from http://www.huffingtonpost.com/murray-lipp/gay-marriage-is-great-for_b_3370173.html. Loue, S. (2009). Sexualities and Identities of Minority Women. New York: Springer Science+Business Media, LLC. Masci, D., Sciupac, E. & Lipka, M. (2014). Gay Marriage around the World. Retrieved from http://www.pewforum.org/2013/12/19/gay-marriage-around-the-world-2013/. Nagle, J. (2010). Same-Sex Marriage: The Debate. New York: The Rosen Publishing Group, Inc. Newton, D. E. (2010). Same-Sex Marriage: A Reference Handbook. Santa Barbara: ABC-CLIO, LLC. Northwestern University. (2012). Divorce Rates Lower in States that allow Same Sex Marriage. Retrieved from http://www.familyequality.org/news__media/2012/03/01/1179/divorce_rates_lower_in_states_that_allow_same-sex_marriage. Spilsbury, L. (2012). Same-Sex Marriage. New York: The Rosen Publishing Group, Inc. Strasser, M. P. (1999). The Challenge of Same-sex Marriage: Federalist Principles and Constitutional Protections. Westport: Praeger Publishers.  17 States with Legal Gay Marriage and 33 States with Same-Sex Marriage Bans. (2014). 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