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The Argument for and Against Gay Marriage

Gay marriage is a hot button issue facing American politics. It raises passionate arguments on both sides of the aisle. Those in favor of legalizing gay marriage see the realization of gay rights as the next step in the American civil rights movement. While those against it see it as a desecration of the institution of marriage for religious or personal reasons. Over the past few decades steps have been taken to expand the bounds of marriage to include homosexuals.

The Argument for Gay Marriage

Supporters of gay marriage have built their arguments around the concept of equality in America. As this country was founded on the principle that all men are created equal, they believe it is hypocritical to deny the rights of homosexuals. Just as it was hypocritical to deny freedom to African Americans or to prohibit women's suffrage. As well, beyond equal rights, supporters argue that same sex couples should be awarded the same financial and medical benefits of heterosexual couples. For instance, only through marriage do same sex couples have access to a partner's insurance benefits, Social Security, Medicare, or property inheritance. As well, without a legally recognized marriage, gay partners can not be acknowledged as next of kin in the case of a medical emergency or incapacitation. Furthermore, to supporters of same sex marriage, denying the right to a full and equal marriage is a serious form of minority discrimination.

  • Questions About Same Sex Marriage: The Human Rights Campaign defines the supportive argument in an easy-to-read question and answer format.
  • Freedom to Marry: an organizational partnership of both heterosexuals and homosexuals working to create marriage equality for all.
  • Marriage Equality USA: An organization fighting for gay marriage rights complete with marriage facts and resources.
  • Marriage and Partner Recognition: The National Gay and Lesbian Task Force lays out the argument in favor of full marriage rights.
  • Same Sex Marriage is a Feminist Issue: NOW's reasons for supporting same sex marriage as well as an explanation of why civil unions are not enough in the fight for gay rights.
  •  Support for Same Sex Marriage at Highest Level Ever: A study done by a Columbia Law professor predicts that by 2014 support for gay marriage will be the majority.
  •  A Case for Same Sex Marriage: A lengthy academic article which describes the points in favor of same sex marriage.
  • Support of Gay Marriage is Pro-Marriage: An article from the Dartmouth Free Press that discusses the gay marriage issue in terms of the 2004 presidential election.

The Argument Against Gay Marriage

The argument against same sex marriage is one founded in religion and personal values. As the majority of religions deem homosexuality as a sin, many conservatives do not want to formally recognize a relationship or lifestyle they see as sinful and wrong. As well, Many protesters of the issue fear a slippery slope into polygamy, bestiality, and pedophilia if marriage laws are expanded to include homosexuals. Moreover, the major argument used by same sex marriage protesters is the weakening the institution of marriage and family values in this country. Many believe that the American family has formed the bedrock of society and a weakening of the American family has led to declining morals and values. It is the protesters argument, that allowing homosexuals to form families will only lead to continued decline of moral value in America.

  • Family Research Council: This organization is an enormously powerful social conservative lobby that fervently opposes same sex marriage.
  • The Threat to Marriage: The National Organization for Marriage highlights how the state-by-state legalization is hurting the institution of marriage.
  • Ban Same Sex Marriage: A compilation of news articles and resources in opposition to gay marriage.
  • April 2009 Anti-Gay Marriage Ad: a $1.5 million ad run by the National Organization for Marriage in an effort to end the rolling momentum of gay marriage support.
  • Same Sex Marriage and Slippery Slopes: A scholarly article that details the slippery slope argument used by those in opposition to gay marriage as well as a rebuff to said points.
  • Analyzing Arguments in the Same Sex Marriage Debate: An in-depth analysis of both the supporters and opposers of gay marriage.
  • Opposition to gay marriage more than homophobia: An article which details the arguments of protesters of gay marriage who support gay rights.

Legislation and Laws

In 1998, President Bill Clinton denied same sex couples the right to federal benefits with the signing of the Defense of Marriage Act (DOMA). Since, conservatives in Congress have tried to bolster DOMA by making it a constitutional amendment, however they have never received the necessary two-thirds majority to do so. Nonetheless, several states have passed laws legalizing marriage or civil unions for same sex couples. In April 2000, Vermont became the first state to legalize same sex unions between homosexuals. In 2004, a Massachusetts high court deemed civil union unconstitutional in terms of a comparison to the full rights that would be awarded by same sex marriage.

  • The Right to Marry: this article explores the constitutional aspects of marriage.
  • Defense of Marriage Act: This page gives an overview of DOMA as well as other Supreme Court cases concerning marriage laws.
  • California Voters Ban Gay Marriage: A New York Times article from November 2008 detailing the Proposition 8 controversy.
  • Marriage law being challenged in Congress: An overview of the challenge to DOMA in September 2009 led by Rep. Jerrold Nadler (D-NY).
  • Civil Union News: A listing of the major legal matters concerning civil unions.
  • Civil Unions Become Legal: A news article from 2000 that details Vermont's historic legalization of same sex unions.
  • What is a Civil Union?: An unbiased look at the legal right involved in a civil union as opposed to full marriage rights.
  • Goodrich v. Department of Public Health: Decision of the Massachusetts Supreme Court that legalized gay marriage in the state.

Where is Gay Marriage Legal

Same sex marriage is currently legal in only six states within the United States: Massachusetts, Connecticut, Iowa, Vermont, Maine, and New Hampshire. However, marriages are not slated to begin until 2010 in New Hampshire and Maine's legalization is up for referendum in November 2009. As well, same sex marriages took place in California between June and November 2008 before the passage of Proposition 8 which validated only those marriages between a man and a woman. However, the marriages that took place in California are still considered legal. As well, marriages from other states are fully recognized in New York, Rhode Island, and the District of Columbia. States which have passed laws legalizing civil unions include: New Jersey, Wisconsin, Hawaii, Washington DC, Oregon, Washington, Nevada, and Maryland. There are also several states throughout the South and Midwest that have passed constitutional bans on same sex marriage.

  • Where Can Gays Wed?: An interactive map of the United States detailing gay marriage legislation by Newsweek.
  • Gay Marriage World-Wide: A complete listing of countries with their marriage equality status.
  • State by State: A look at how the legal battle over gay marriage is playing out across the country.
  • Gay Marriage Bans: A look at the states with constitutional bans on gay marriage.
  • ILGA Europe: A comprehensive listing of every European country as well as its detailed legal standing on same sex marriage.
  • Gay Rights in New England: An article on the details that make the New England region so supportive of gay marriage.

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