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The strongest argument against same-sex marriage: traditional marriage is in the public interest
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Opponents of same-sex marriage argued that individual states are acting in the public interest by encouraging heterosexual relationships through marriage policies, so voters and legislators in each state should be able to set their own laws.
Some groups, such as the United States Conference of Catholic Bishops, cited the secular benefits of heterosexual marriages, particularly the ability of heterosexual couples to reproduce, as Daniel Silliman reported at the Washington Post .
”It is a mistake to characterize laws defining marriage as the union of one man and one woman as somehow embodying a purely religious viewpoint over against a purely secular one,” the bishops said in their amicus brief . “Rather, it is a common sense reflection of the fact that [homosexual] relationships do not result in the birth of children, or establish households where a child will be raised by its birth mother and father.”
Other groups, like the conservative Family Research Council, warned that allowing same-sex couples to marry would lead to the breakdown of traditional families. But keeping marriage to heterosexual couples, FRC argued in an amicus brief , allows states to “channel the potential procreative sexual activity of opposite-sex couples into stable relationships in which the children so procreated may be raised by their biological mothers and fathers.”
To defend same-sex marriage bans, opponents had to convince courts that there’s a compelling state interest in encouraging heterosexual relationships that isn’t really about discriminating against same-sex couples.
But a majority of Supreme Court justices and most of the lower courts widely rejected this argument, arguing that same-sex marriage bans are discriminatory and unconstitutional.
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The Supreme Court’s same-sex marriage decision, explained
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Marriage Equality: Same-Sex Marriage Essay (Critical Writing)
Introduction, same sex unions, history of same sex unions, debate on gay marriage.
Marriage has been regarded as one of the most important social institutions in the society. This is because it forms the basis of organization in any given society. “Marriage refers to an institution in which interpersonal relationships, usually intimate and sexual, are acknowledged in a variety of ways, depending on the culture or subculture in which it is found” (Dziengel, 2010).
Marriage is treated quite differently depending on the norms and values that exist in a given society. The current society is experiencing many social changes, which have influenced the nature of relationships among human beings. Marriage has also been affected by these social changes.
Marriage is today very dynamic and people treat it differently from what it used to be in the past. Same sex unions are becoming popular in many countries and they are quite prevalent in European countries as compared to other places. Same sex marriage is commonly known as gay marriage. “It refers to a legally or socially recognized marriage between two persons of the same biological sex or social gender” (Goldberg, 2010).
“Various types of same sex marriages have existed, ranging from informal, unsanctioned relationships to highly ritualized unions” (Haider & Joslyn, 2008). The early practice of this type of marriage was witnessed when Emperor Nero married a man who was serving as a servant in his Roman Empire.
Apart from Rome, this practice occurred in China during the Ming Dynasty and also in Spain. This type of marriage had very bad reputation and it was strongly rejected by many individuals and countries. “This attitude has been changing in the past few decades” (Haider & Joslyn, 2008). The twenty first century has witnessed a drastic change in the way people perceive this type of relationship.
Netherlands in the year 2001 emerged to be the first country to allow gay relationships. In 2003 the government of Belgium accepted this type of union. In 2005 both Canada and Spain formally accepted gay marriages. In 2006 the people of South African were allowed to practice gay marriages.
Sweden allowed it in 2009. Last year, Argentina, Iceland and Portugal also accepted this kind of relationship. In Mexico it is legalized but with some restrictions in the sense that it can only be practiced within the city of Mexico. However, all Mexican states acknowledge it.
“Israel does not recognize same sex marriages performed on its territory, but recognizes same sex marriages performed in foreign jurisdiction” (Ronner, 2005). Apart form South Africa, other African countries still remain conservative and they are not willing to accept this relationship. “In the United States, although same sex marriages are not recognized federally, same sex couples can marry in five states and one district” (Smith, 2010).
Opposing Arguments
The subject of gay marriage has been seriously debated in many places. This issue has been discussed both in religious and political circles. The following arguments have been used to reject gay marriage.
The general question is that why should people practice this kind of relationship? This is what the majority of people opposed to it seem to be asking whenever this issue is raised in any discussion. This people contend that legal relationships are only those between men and women. Hence they do not see the sense of people engaging in any other type of intimate relationship (Ronner, 2005).
Marriage is often seen as a religious rite and in this case people look at it from the religious perspective. They therefore believe that if gay marriage is legitimized it would undermine the religious principles. This is because religion has always been used to sanctify marriages (Farrior, 2009).
The dignity of the church has been affected because of the different attitudes adopted by religious leaders on this matter. Some churches are likely to get split because they cannot come to an agreement on how to handle this issue. This has adversely affected their capacity to spread the gospel. Some members of the church have even lost their faith and trust in religion because they do not agree with the church leaders who support this kind of relationship.
For example, the Anglican Church members and their leaders have been arguing about gay marriages. Since some of them support it, they have now formed a separate church. The Catholic Church has also had the same problem. Some Catholic monks have also been accused of child molestation and this has really affected their reputation.
Marriage is naturally understood as an institution for raising children. Same sex marriages do not give children an opportunity to have a good development. “In this case some individuals strongly feel that same sex partners can not provide the moral and psychological support required for raising children” (Goldberg, 2010). This is because such children would find it quite unusual when they realize that their parents have the same sex. This can really affect them psychologically (Goldberg, 2010).
Gay marriages are understood as unnatural unions. “This premise influences other arguments and lies behind many negative opinions about homosexuality in general” (Acevado & Wada, 2011). Since gay relationships are not normal, they should be reduced to social unions instead of being authenticated by the national leaders in a given country. This is because if such abnormal behaviors are allowed, they are likely to become very prevalent in our society in the near future. This may cause very many social problems.
Marriage is also an important cultural symbol. “Apart from marriage being an institution, it is also a symbol representing our culture’s ideals about sex, sexuality, and human relationships” (Haider & Joslyn, 2008). Symbols are very important because it is through them that we develop a sense of belonging to a given society or race. “Thus when the traditional nature of marriage is challenged in any way, so are people’s basic identities” (Haider & Joslyn, 2008).
It would also be difficult and expensive to integrate this people into the society. This is because people have to be taught to accept them. “Teaching people to become tolerant to gay individuals would be expensive” (Smith, 2010).
Supporting Arguments
Even though gay marriage is not supported by some people, I disagree with them because of the following arguments.
Marriage enables people to have access to social and economic needs. “Studies repeatedly demonstrate that people who marry tend to be better off financially, emotionally, psychologically, and even medically” (Ronner, 2005). Therefore if gay couples are guaranteed the right to marry they will probably have the chance to benefit from being married. This will also be helpful to the gay communities at large. For example the gay couples would remain committed in helping each other because of the marriage vows.
It would also be wrong for gay relationships to be treated as civil unions. This is because if the gay individuals can get married, they stand a better chance of enjoying several opportunities. This can not be the case if they are in civil unions. “Equality before the law means that creating civil unions for gays will lead to civil unions for every one else and this type of marriage will be more of a threat than gay unions could possibly be” (Farrior, 2009).
The stability of our society can be enhanced if gay individuals can be given a chance to marry. Even the people who oppose this relationship believe that the family is the basis of our society. Therefore, if more families are formed through gay marriages, we can have a great society. The family also dictates the general trend in the society. Marriage would also facilitate the integration of gay people into their communities. Accepting gay relationships will therefore enhance the strength of our communities.
Many children are leading poor lifestyles and they cannot even access the common basic needs. Destitute children can have a chance to lead a good life if they can be adopted by married gay individuals. This is because they can provide emotional and financial support to such children. This can only be possible if they can be allowed to get married and adopt children.
Many people and groups are increasingly becoming conscious, and more concerned about the human rights. “Another argument that favors same sex marriages is that denying same sex couples legal access to marriage and all of its attendant benefits represents discrimination based on sexual orientation” (Dziengel, 2010). Many people and institutions promoting human rights concur with this assertion. People in same sex unions do not access the rights given to the married people.
Gay couples have faced myriad challenges. Most of them have experienced psychological problems associated with verbal and physical abuse. For example, some of them have been attacked and brutally killed. This is because many people are not wiling to be associated with them hence they always intimidate them. One way of eliminating this stigmatization is by simply making it legal for them to get married.
It has also been noted with a lot of concern that HIV/AIDS is spreading among the gay people because they operate illegally. Marriage would make this people more faithful to their partners. This can reduce the chances of them contracting HIV/AIDS because they will be more responsible.
From the above argument it is very clear that many countries and individuals are increasingly accepting the fact that gay relationships are equally good. It is therefore important for people to stop being conservative only when it comes to marriage, yet they accept other serious changes that take place in their society.
For example, if abortion can be legalized, why no not gay marriages? “Legalizing gay marriages will probably make the social economic and political institutions in our societies more effective” (Smith, 2010). This is because people will have similar goals, and they will not have differences based on sexual orientation. I am therefore optimistic that in the near future many people will support same sex relationships.
Acevado, G., & Wada, R. (2011). Religion and attitudes toward same sex marriages among U.S. Latinos. Wiley -Blackwell Social Science Quarterly , 92, 35-56.
Benard, S. (2009). Heterosexual previlage awareness, previlage and support of gay marriage among diversity course students. EBSCOhost Journal , 58, 3-7.
Dziengel, L. (2010). Advocacy coalitions and punctuated equilibriam in the same sex marriage debate: learning from pro-LGBT policy changes in Minneapolis and Minnesota. Journal of Gay and Lesbian services , 22, 165-182.
Farrior, S. (2009). Human rights advocacy on gender issues: challanges and opportunites. Oxford Journal of Human Rights Practice , 1, 83-100.
Goldberg, A. (2010). Lesbian and gay parents and their children: research on the family life cycle. Claiming a place at the family table: gay and lesbian families in the 21st century , 72, 230-233.
Haider, D., & Joslyn, M. (2008). Belives about the origin of homosexuality and support for gay rights. Oxford Journals public Opinion Quarterly , 72, 291-310.
Ronner, A. (2005). Homophobia and the law (law and public policy). New York: American Psychological Association.
Smith, M. (2010). Gender politics and same sex marriage debate in the United States. Oxford Jourrnals Social Politics , 17, 1-28.
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IvyPanda. (2024, April 1). Marriage Equality: Same-Sex Marriage. https://ivypanda.com/essays/same-sex-marriage-2/
"Marriage Equality: Same-Sex Marriage." IvyPanda , 1 Apr. 2024, ivypanda.com/essays/same-sex-marriage-2/.
IvyPanda . (2024) 'Marriage Equality: Same-Sex Marriage'. 1 April.
IvyPanda . 2024. "Marriage Equality: Same-Sex Marriage." April 1, 2024. https://ivypanda.com/essays/same-sex-marriage-2/.
1. IvyPanda . "Marriage Equality: Same-Sex Marriage." April 1, 2024. https://ivypanda.com/essays/same-sex-marriage-2/.
Bibliography
IvyPanda . "Marriage Equality: Same-Sex Marriage." April 1, 2024. https://ivypanda.com/essays/same-sex-marriage-2/.
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An Argument For Same-Sex Marriage: An Interview with Jonathan Rauch
The debate over same-sex marriage in the United States is a contentious one, and advocates on both sides continue to work hard to make their voices heard. To explore the case for gay marriage, the Pew Forum has turned to Jonathan Rauch, a columnist at The National Journal and guest scholar at The Brookings Institution. Rauch, who is openly gay, also authored the 2004 book Gay Marriage: Why It Is Good for Gays, Good for Straights, and Good for America.
A counterargument explaining the case against same-sex marriage is made by Rick Santorum, a senior fellow at the Ethics and Public Policy Center and a former U.S. senator.
Featuring: Jonathan Rauch, Senior Writer, The National Journal
Interviewer: David Masci , Senior Research Fellow, Pew Forum on Religion & Public Life
In this Q&A: Why same-sex marriage? Opposition from social conservatives Is there a slippery slope? Strategies for legalization
Why is marriage – I’m sorry, why is same-sex marriage good for America?
Well, you got the question right the first time. It’s “why is marriage good for America?” Same-sex marriage is good for all the same reasons. It’s good for gay people. I think if you asked straight people who have been married or hope to get married to imagine life without marriage, it’s very hard to imagine. It’s a much lonelier, much more vulnerable life.
Gay people need all the same safety. They need the same caregiving anybody else does. A society with successful marriages – and a lot of them – is a more stable, safer, more successful society. America’s problem is not too many marriages, it’s too few. Gay people are asking to be part of this social contract – to care for each other so society doesn’t have to.
What do you think drives the opposition to same-sex marriage? Does it ultimately boil down in many cases to discrimination? Is it that people are just unused to or uncomfortable with the idea of gay people marrying?
All of the above and much more. I’ve given a lot of talks on gay marriage in a lot of cities since writing a book about it in 2004 called Gay Marriage: Why It Is Good for Gays, Good for Straights, and Good for America . I did a lot of traveling with it and talked to a lot of different kinds of audiences. And it runs the gamut. You get religious people who will say, God created Adam and Eve, not Adam and Steve. You get very sympathetic people who say, I really want to do something for gay people, but changing the fundamental boundaries of our most ancient, important institution just goes too far, so let’s do civil unions or something else. And then, you get a lot of people in between.
So it’s a whole variety of reasons. And I’m the first to agree, gay marriage is a significant change; it’s a big change. It’s not something you necessarily expect people to jump into.
You mentioned religious people. They will say things like, look, both the Old and New Testaments in the Bible are very clear about this: God intended marriage to be between a man and a woman.
If you do biblical marriage, then you’re talking about polygamy. It’s there in black-and-white. Or, you’re talking about, for heaven’s sake, no divorce. Jesus himself had nothing to say about homosexuality, but he’s very clear on divorce. You can’t do it. And what I don’t understand is why gay people are the only people in America who have to follow biblical law. I don’t think that’s fair. We could also have other debates about what the Bible does and doesn’t mean, but I think what it boils down to is that gay people should deal with the same standards as straight people. And when straight people start upholding biblical law in civic culture, then maybe gay people should consider it, but not until then.
Opponents of same-sex marriage, particularly social conservatives, will argue that same-sex marriage could or would hurt traditional marriage because by broadening the definition of marriage, you make it less special – less sacred in a sense. And then, eventually, marriage will lose its special place in society – lose its meaning. Why do you think this logic is incorrect?
It depends on what exactly they’re saying. But I think society is at a turning point. We’ve got all these gay couples out there. They’re already acting married in many cases. We’ve got a generation growing up now, which takes for granted that they’ll be able to live a lifestyle that is very much like marriage, even if in most states it’s not called marriage. To have those people set up a married kind of lifestyle – often raising kids, by the way; many gay couples are raising kids – outside of marriage sends all the wrong cultural signals.
The signal we need to send now is that everybody should be getting married. The big cultural problem with the family in America is not that gay people want to get married – it’s that straight people are not getting married or not staying married. And to me, one of the important cultural effects of gay marriage will be to send a very strong signal that marriage is something that is available to and expected of everybody, not just a few.
Now, there are lots of arguments on the other side about people who think that gay marriage will hurt straight marriage. I’ve never really understood why admitting gay couples – fairly small in number – into the institution of marriage and having them uphold those ideals would make marriage less likely or successful for anyone else. I’m probably not the best person to ask for those arguments.
What about the argument that when you make marriage about rights and equal treatment you ultimately open up the field to other sorts of relationships – like polygamous or incestuous relationships – as well? Is that likely, first of all, and, if it is likely, is that a problem?
It would be a problem if it were likely. I think there are a lot of important and good social reasons to be against polygamy and incestuous marriage. We can talk about those if you’re interested. But, fundamentally, it’s not directly relevant. I guess there’s this political argument: Once you have one change, you’re going to get every change.
First of all, I don’t think the American public is that indiscriminating. Second of all, there is no logical connection between gay marriage and all of these other things. I often say, you know, when straight people get the right to marry two or three people or their mother or a toaster, then gay people should have the same right.
But all gay people are asking for now is the one thing that we lack but that all straight people already have – they don’t need to give themselves anything more. And that’s the opportunity to marry some person – one person – that we love. Right now, we can’t marry anybody. The set is the null set for us. That’s not true of straight people who want multiple husbands or multiple wives. That’s not true of people who want to marry their mother; they can have 4 billion marriage partners except their mother. So, ultimately, I think those arguments, although well intended, are primarily a red herring.
You said that you don’t think same-sex marriage would hurt traditional marriage. In fact, it sounds like you’re saying it might actually help marriage in general – the idea of marriage. But what if you were convinced otherwise?
I’ve often said, if I believed that gay marriage would wreck straight marriage then I’d be against it just as if I thought that giving women the vote would wreck democracy so that no one’s vote mattered, I’d be against that, too.
On the other hand, if gay marriage was to have a very small, sort of incremental bad effect on the divorce rate for straight people, I’d say that’s not enough to stop it because you’ve got 10, 12, 15 million Americans not only without marriage, but without even the prospect of marriage. You’ve got them growing up assuming that they’ll be legal strangers to the people that mean the most to them – that they’re committed to care about. And that’s just a scalding deprivation.
When Goodridge v. Department of Public Health , the 2003 Massachusetts decision legalizing same-sex marriage, was handed down, there was a prediction that there was going to be a domino effect and that within five or 10 years we were going to see a lot of other states follow suit. But, at least so far, that hasn’t happened. Are we in the lull before the storm, or do you think that widespread legalization of gay marriage is still a long way off, if it happens at all?
I think it’ll take a while, and I think it should take a while. I see the reaction as going through a few stages. The first was panic after the Supreme Court knocked down the Texas ban on sodomy. And then after Goodridge mandated same-sex marriage in Massachusetts, you had some of the gay marriage advocates saying, we need to get the court to impose this around the country as fast as possible. And then you had conservatives saying, we need to rush through a constitutional amendment at the federal level to ban gay marriage on every inch of American soil forever.
But to my great gratitude – and I think it’s almost inspirational how right the country has gotten this – the public has refused to be rushed. The public has come to understand that we can take our time with this. And the way to do this is let different states do different things. Let’s find out how gay marriage works in a few states. Let’s find out how civil unions work. In the meantime, let the other states hold back.
Marriage is not like voting, something the government just gives you at the stroke of a pen by fiat. Marriage must be a community institution to have its full power, which is to make couples actually closer. It actually fortifies and not just ratifies relationships. Your marriage has to be recognized by your community, your friends, your family, your kids’ teachers, your co-workers, all of the people around you as a marriage with all of the expectations and social support that goes with that. The law can’t give you that. That comes from community and that’s something gay couples are going to have to build by showing, as I think we are in Massachusetts, that we can be good marital citizens, that we’re not hurting anybody else’s marriage.
From your point of view, is it better to legalize same-sex marriage by passing a law in the legislature, or are courts a better venue for this?
I think now in 2008, clearly, the legislatures are a better way to do it. To everything its season. When this issue first came up in 1970 – the first gay couple tried to get married in 1970, filed a lawsuit and lost – the courts were the only place you could go. There was no chance that any legislature would ever even hear you out if you were gay and wanted to get married.
But I think the court strategy has basically exhausted its utility. In fact, it may have overreached. And what we’re seeing now is that, in any case, the number of court venues where you can even use a judicial strategy are very, very sharply diminished. They are almost all gone because of the state constitutional amendments and because a lot of courts have acted already. So that means we’re now turning to the next stage. And I think it’s the proper stage. That’s the democratic process. I think it is qualitatively different and better if you get married with the consent of your community, which, in America, means your state legislature, among other things. And that’s where we need to go.
Let’s assume that same-sex marriage eventually becomes the norm in America. Are there any downsides for gays and lesbians?
No. No, I see none at all. For gays and lesbians, I see only an upside. I see an opportunity to join in the most healthgiving, beneficial social institution that’s ever been invented by humanity. I see the prospect for young people to grow up assuming that they will have families and connections to their community that have been denied to gay people for thousands of years. I see no downside at all for gay people.
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