Pro-marriage or Anti-gay?

Though gays were a very rare sight at one time in America's illustrious past--open homosexuality is becoming more and more commonplace, even in mainstream culture. It is immoral and unjust to deny homosexual couples their civil rights when even the most dysfunctional of heterosexual couples are entitled and granted these liberties. One can easily do individual research and see that the utter dislike for gay marriage is clearly an anti-gay issue and not a pro-marriage issue. What are the arguments concerning society and gay marriage? Why is it such a big issue? The separation of church and state was instated to allow for the state to handle secular events and the church, sacred events.

Let us start with the basics--at the very beginning. What is marriage, by definition and what is homosexuality, by definition? Homosexual, by way of its etymology means "same sex", coming from the Greek prefix 'homo' meaning 'same' and the Latin root 'sex', which means sex or gender. Homosexuality refers to a sexual and romantic attraction between two individuals of the same gender or sex. There are people whose gender identity conflicts with their anatomical sex--transmen and transwomen and in so, probably do not really consider themselves 'gay'. Same sex marriage is defined as the union of two people who are the same biological gender or sex. There are other, less common but still in use terms, which include "gay marriage," "gender-neutral marriage," "equal marriage," "lesbian marriage," "homosexual marriage," and "same gender marriage". Opposite-sex marriage or simply, marriage, is never clearly defined except in contrast to same sex marriage. The fact that "traditional" marriage has the dual nature of a moral contract plus a binding legal contract can make it difficult to characterize.

Moving on, how close to actual marital status are gays allowed to get? A civil union is one option for gays wanting to get married i nareas where doing so is illegal. A civil union is a legal partnership or agreement between two persons. Civil unions were first around in the United Kingdom, and intended to give legal rights to same sex couples similar to those established in marriage. Another alternative is a domestic partnership where there is a legal or personal relationship between individuals who live together and share a common domestic life, but are not joined in a traditional marriage, common-law marriage or a civil union. Registered partnership is another of several options similar to marriage and civil unions and typically created for the purpose of allowing same sex coupled the legal and social benefits of traditional marriage. While registered partnerships generally grant more rights than civil unions in most places, and are just about equal to marriage, there are exceptions wherein couples involved in registered partnerships have neither the right to adopt nor the right to marry inside a church. Speaking of rights, on to same sex marriage in the law.

There have been many proposed amendments, bills, laws and so on with the sole purpose of preventing gays from marrying. Why? If this is a pro-marriage issue, then what is really the problem? There shouldn't be one, correct? Au contraire. Allow me to introduce you to the Federal Marriage Amendment, or the FMA, as it is sometimes referred. The FMA would define marriage, in the United States, as a union between one man and one woman. This amendment would also prevent the judicial extension of marriage-like rights to same sex couples or various other persons who are, otherwise, unmarried. As far as state law goes, civil marriage is generally governed by each state's own constitution and the United States Constitution. Each state is free to set the conditions of a valid marriage, subject to limits by that state's constitution. Traditionally, any marriage is considered "valid", if the requirements, by law, of the state where the marriage took place are met, however, a state can still refuse to recognize a marriage if the marriage violates a strong public policy of that state, even if the marriage was legal in the areas where it was performed, although, previously, states have only exercised this "public policy exception" by refusing to recognize out of state polygamous, underage, incestuous and interracial marriages. In the United States, same sex marriage is currently legal in one state where the Supreme Court ruled, un the case of Goodridge v. Department of Public Health that the Massachusetts constituion requires the state to permit gay marriage. Then, there is DOMA. DOMA is an acronym and the most common name for the Defense of Marriage Act. Below are excepts from the Act itself, containing two of the main stipulations of DOMA:

Powers reserved to the states:

No State, territory, or possession of the United States, or Indian tribe, shall be required to give effect to any public act, record, or judicial proceeding of any other state, territory, possession, or tribe respecting a relationship between persons of the same sex that is treated as a marriage under the laws of suchs other State territory, possession, or tribe or a right or claim arising from such a relationship.

Definition of 'marriage' and 'spouse':

In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the word 'marriage' means only a legal union between one man and one woman as husband and wife, the word 'spouse' refers only to a person of the opposite sex who is a husband or a wife.

The main reason DOMA first came into play was because people were afraid that same sex couples would be allowed to marry in Hawaii, and proceeding that, other states would be forced to recognize such marriages. Again, if this is a pro-marriage issue--why must 'marriage' and 'spouse' be defined in such a way as they--the words, 'marriage' and 'spouse'--are defined as pertaining to only heterosexual couples and specifying that only a heterosexual couple will be recognized as a married couple. Not only that, but also specifying that only a heterosexual couple will be allowed to marry in the first place. If this is a pro-marriage issue--then why?

One of the forefront arguments is that allowing gay couples to marry would be the beginning of the end. Opponents of same sex marriage say that such an allowance is a defiance of the word of God and that it would cause society, as a whole, to crumble. A defiance of the word of God? So are many other things that are not illegal, such as fornication and cursing. You can drink yourself to death and smoke and chew tobacco--neither of which is illegal--until you develop a plethora of cancers, yet two individuals who love and are devoted to each other getting married will cause society to crumble? Said opponents say that marriage is a tradition which should remain unchanged, yet marriage that is, today, called "traditional" has already undergone much change. In example, polygamy is no longer allowed, married women aren't the property of their husbands anymore, divorce is now legal and contraception is now allowed in marriage. The list could go on and on. So again, if this is a pro-marriage issue--why? It's not a "pro-marriage" issue, though. That title, "pro-marriage", is just a nice blanket opponents of gay marriage throw over their anti-gay movement to pull the wool over the eyes of the not-so-knowledgeable who are ambivalent or ambiguous towards gays. None of them are concerned with "preserving" marriage, as they say, or they would also be fighting to keep child molesters and murderers and neurotics and so on from marrying as well--but they are not. Oh and for you who say that marriage is for producing children or however you like to call it--why aren't you protesting and voting on laws for sterile couples--or people who can otherwise not give birth to/produce children--not to be able to marry? So, what, then is the issue you ask? Gays. Gays in marriage. Gays, in general. Gays existing, really, is the actual issue. Anti-gay activists don't want for gays to be allowed many, or, in some cases, any of the rights that people who are considered "normal", otherwise known as heterosexual, are entitled to having. So, why--if this is a "pro-marriage" issue (though it isn't)--why?

[A research paper I wrote for English. Sorry for any typos. I'll be back to fix those as soon as I come across them! En.wikipedia.org/wiki/DOMA for that excerpt from the Defense of Marriage Act]

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