Gay marriages Essay
When we talk about the rights of gays and lesbians, the first thing that usually comes to mind is the official recognition of same-sex marriages. This issue is among the most hot and is always met with a strong resistance and emotional arguments of the opponents. It is the problem of the same-sex marriages are now in the focus of gay and lesbian activists in the Western countries.
If sexual attraction is one of the main biological instincts, than a family is the main pressing social need of a man, an integral part of his life. Love combines these two basic requirements at the level of feelings and emotions, while marriage formalizes and organizes them. That is why the debate about marriage affects great part of people’s lives and is not free from emotions. This is a question of politics, culture, faith and moral convictions, the discussion of marriage touches all spheres of human life.
Same-sex marriages is not an easy question for those who are not homosexuals. There is a collision of two deeply-rooted moral judgments. First, attitudes toward marriage and family, which are always encouraged by society and the state, had greater than social status and have always been extremely positive from the standpoint of morality. Second, homosexuality has always considered immoral, was subjected to ridicule and humiliation, harass. It is important that marriage symbolizes loyalty and responsibility, while homosexuality is often associated with the notion of free love and baser desires. Therefore, gay marriage, for most people, is a combination of opposites: moral and immoral, fidelity and free love. This is one of the main causes of the problem of a strong resistance towards gay marriages. In fact there are many misconceptions about the nature of homosexuality, there is a mistaken belief that gay men have the same civil rights. There is also a countless number of negative stereotypes of homosexual relationships, and sometimes even a lack of understanding of the meaning of the institution of marriage.
The purpose of this paper is to provide some clarity in the problem of gay marriages legalization, in particular in the USA and California.
The problem of gay marriages and their legalization
The arguments around the concept of same-sex marriages are conducted in the world since the late 1970’s. The concept of “gay marriage” in American dictionaries, in particular in “The American Heritage Dictionary of the English Language”, appeared in 2000. Same-sex marriage is an expanded view of marital union, is a marriage between persons of the same sex, which, according to the supporters of such a concept, should have the same rights and responsibilities, as a traditional marriage between men and women. The struggle for change in public morality and public recognition of same-sex marriages is an important part of the movement for equal rights for homosexuals. In this case, the aim of this struggle is a full “gay marriage,” which differs from the “same-sex civil partnerships” and other forms of non-traditional alliances. (The New York Times, 2011)
Gay marriages today are recorded in the Netherlands (since 2001), Belgium (since 2003), Spain (since 2005), Canada (since 2005), South Africa (since 2006), Norway (since 2009), Sweden (since 2009), Portugal (since 2010), Argentina (since 2010), Iceland (since 2010), Mexico (since 2010) and some U.S. states. (CBC News)
“Same-sex partnerships” (also known as civil partnerships or civil unions) are somewhat limited in legal terms, and are legal in the UK, Ireland, Denmark, Greenland, France, Andorra, Germany, Finland, Luxembourg, Czech Republic, Slovenia, Hungary, Switzerland, Croatia, Austria, Israel, New Zealand and Australia. (CBC News)
Due to the positive factors associated with homosexual marriages, were destroyed negative attitude towards them of many people in countries, where different forms of same-sex marriages legally exist for many years. In fact, in 1989, when Denmark was first to propose a bill to legalize gay marriages, the majority of the clergy protested. Now, making sure the benefits of the same-sex marriages, both for the partners and for the society in general, ministers of religion fully support this law.
So, due the importance of gay marriage, it is necessary to ask the question: why do so many people argue against it?
Opponents of gay marriage today put forward a variety of arguments, which are mostly variations of several well-established facts. So what are these arguments?
1. Marriage is a social institution, entered into between one man and one woman.
2. Marriage exists for procreation.
3. Same-sex families are not an optimal environment for raising children. This argument touches the problem of who can marry and raise children.
4. Homosexual relationships are immoral. If it is connected with religion, it is worth noting that in many countries there is a separation of church and state, and the Bible has no absolute legal force. It is for this reason that no one has the right to impose someone else some rules because of the Bible. Not all world religions condemn homosexuality, and many Buddhist sects, for example, without prejudice relate to same-sex unions, and speak for giving them the status of legal marriage.
5. Same-sex marriages threaten the institution of marriage itself, since marriage is traditionally a heterosexual institution.
6. Giving gays the right to marry is a “special” right.
Particularly interesting to consider the legalization of same-sex marriages in the United States, namely California, as “Proposition 8” is known all over the world. Thus, the active struggle for the legalization of same-sex marriages began in California in 2004, when the authorities of San Francisco led by Mayor Gavin Newsom began issuing marriage certificates for homosexual couples. The Supreme Court abolished that practice and marriages were annulled. Confrontation and arguments between supporters and opponents of legalization of the same-sex marriages continued in the legislature and judiciary, culminating in decision of the supreme court of the state in May 2008: a ban on the gay marriages was called unconstitutional. However, on November 2008 Californians in a referendum decided to amend the state constitution amendment, that makes legal only marriage between a man and a woman. May 26, 2009 the California Supreme Court confirmed the results of the referendum. August 4, 2010 a court in San Francisco found that the ban on registration of marriage violated the civil rights of same-sex couples. Currently, same-sex marriages in California are not registered, but all marriages that were registered in the period from 16 June to 4 November 2008 remain valid.
But in general the problem of conflict and disagreement between supporters and opponents of same-sex marriage is not solved, and the controversy continues.
Arguments for gay marriages
When gays and lesbians insist on their right to marry, everything they are trying to achieve is simply a recognition by society of their right to be together. Why do we need public recognition? The problem is that formal marriages monopolize the right to family life. Though homosexual couple is in the eyes of the law are two strange to each other person, that in practice leads to many problems: lack of protection for the partner, inheritance rights in the event of his death, the rights to joint property, health insurance for a partner hospital visitation rights as a close relative. Family people much easier achieve career growth and promotion, that’s why gays and lesbians are often facing a choice between work and their personal life.
Society, by denying gay marriage, contributes to the destruction of their long-term alliances, not taking over any additional obligations, which actually means much greater exposure and vulnerability of modern life. The claim that gays and lesbians are free to have regular marriage with a person of the opposite sex, are not serious, because marriage is not just a union between two people, it can not exist without love, intimacy and sexual relations. (Spedale 2006; Sullivan 2004)
Another reason to approve gay marriage is the social status of the family and its possible positive effect on public attitudes towards homosexuals. In many western countries people are ready for tolerance and politically correct behavior, but most people are not yet ready for full approval of gays and lesbians unions, for recognition of homosexual relationships equal to heterosexual, tolerant attitude to sexual orientation of their children, etc. The institution of marriage to same-sex couples would mean both legal and social acceptance of homosexuals, an official endorsement of their relationship, and it is hoped and expected by gay activists.
In general, the emergence of gay marriage, like any other social changes, will have several consequences, most of which seem to the public rather progressive and positive, than negative. Marriage of same-sex couples, for example, should gradually change attitudes towards traditional gender roles, which no longer correspond to the realities of life. Such issues as divorce and child custody will be settled on the basis of equality, rather than from conventional stereotypes about the roles of husband and wife. Democratic state can finally get rid of formalized discrimination against minorities, which is based solely on stereotypes. And finally, this will help to develop tolerance in the society, that would have extremely positive impact on society. (Rauch, 2004; Sullivan 2004)
