Marrying Homosexuals Essays - LGBT History, Gender, Homosexuality

Marrying Homosexuals This paper received an A Marrying Homosexuals Homosexuals should be allowed to marry because the disallowance of it violates their constitutional rights. Marriage is an institution long recognized by our government under the right to pursue happiness, and denying that right to any couple, regardless of gender, is unconstitutional. This argument, though, is not disputed. In fact, none of the arguments raised in opposition to the allowance of homosexual marriages takes into account the constitutional rights afforded to all humans. The arguments are only in relation to the possible repercussions (real or imagined) of granting these rights. Our nation was built and has always been based on the fundamental principles of freedom expressed in the Declaration of Independence and through our Constitution. The opponents of homosexual marriage need to remember what freedom means to America, and understand the significance of setting a precedent that denies that freedom. The Supreme Court has long recognized that the institution of marriage is one of the rights guaranteed to all Americans by our Constitution. On the Internet, you can find the full text of the following Supreme Court cases. In the case of Loving v. Virginia, the Supreme Court said, ?The freedom to marry has long been recognized as one of the vital personal rights essential to the orderly pursuit of happiness by free men.? In the case of Cleveland Board of Education v. LaFleur, the Supreme Court said, ?This Court has long recognized that freedom of personal choice in matters of marriage and family life is one of the liberties protected by the Due Process Clause of the Fourteenth Amendment.? At this time, however, marriage is only granted to heterosexual couples. Although homosexuals live under the same constitution, they are not afforded the same rights as heterosexuals. The reasons presented against the allowance of homosexual marriage are flimsy, and have nothing to do with the constitutional rights that are supposed to be afforded every American. All of the arguments against homosexual marriages have to do with the repercussions of granting the constitutional right of marriage to homosexuals, but not with the constitutional rights of homosexuals. The arguments offered are remarkably similar to the arguments offered 30 years ago against interracial marriages. An internet article, Homosexual Marriages: Religious Aspects, says, ?...all (arguments) seem to echo the debates heard in the late 1960's when the morality of racially mixed marriages was being debated. One only needs to change a few words in the 1996 arguments against gays and lesbian marriage in order to produce replicas of those earlier racist statements.? The arguments against homosexual marriage can be grouped into four categories: religious, the potential influence that the allowance of homosexual marriages will have on children, the psychological effects on children of homosexual parents, and the overall damage that will be done to society with the acceptance of ho mosexual marriages. The religious argument, in short, is that God doesn't condone homosexuality. In Leviticus 20:13 of the Bible, the words are cited, ?If a man also lie with mankind, as he lieth with a woman, both of them have committed an abomination: they shall surely be put to death; their blood upon them.? According to Gail Stewart, the punishment for homosexual behavior during the 18th century - usually death - was handled by the Church (9). Since marriage is considered by the Church to be a covenant with God, the popular view in the Church is that homosexual marriages can not be allowed. There are a couple of problems with this. First, constitutional law can not be determined by religious grounds. The 1st amendment states, ?Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof Second, the Church will not be forced to acknowledge homosexual marriages even if they are condoned by the State. The same amendment that keeps religious grounds from d etermining law is the amendment that will allow the Church to continue denying homosexual marriages once they are allowed by the state. Third, homosexuals will be allowed in many churches to be married. Part of the Homosexual Marriages: Religious Aspects page on the Internet says that the following churches support marriage for all adults, including homosexual couples: the Central Conference of American Rabbi's, the