Same sex marriages are those marriages whereby members of the same gender come together and form a family. In same sex marriages, persons who are of the same biological anatomy in terms of sex engage in a family relationship. When both parties are men they are said to be homosexual while when both parties are women, they are said to be lesbians. Same sex marriages are an emerging issue because a few centuries ago; it was rare to hear about cases of gay marriages. Most countries had laws in their supreme laws that defined a marriage as the relationship between woman and a man for life and to the exclusion of others. This meant that only marriages between a man and a woman could be recognized by law as being valid.
This, however, is not the case nowadays. Upon the advent of human rights activism, people have realized that gay people also have rights that need to be protected. This paper will look at the various perspectives in which same-sex marriages being emerging issues, are viewed by various nations.
Same sex marriages may be a million dollar question. Firstly, same sex marriage can be viewed from as a religious question. Moreover, it may be seen as a biological question in the sense that the trait is in the genes of the people that are engaging themselves in that relationship. It may also be seen as an economic question or a psychological question. It may still be a human rights question or a sociological question. In a nutshell, whatever dimension one looks at it depends on the perspectives and values that guide that particular person.
As a human rights question, proponents argue that each and every individual has an equal protection of the law. As such, people who engage in same-sex marriage should not be discriminated against on grounds of sexuality. While this line of thought may seem valid to the proponents of this virtue, questions arise as to the nature and extent of state protection of human rights. Many states in the United States have legalized same sex marriage solely on this ground. In the year 2003, for example, the Supreme Court of the state of Massachusetts ordered its state legislative body to amend all its marriage laws to allow for same sex marriages. They did that in order to ensure that the rights of the gay are protected for under the constitution and all other laws (Goodridge v Department of Public Health). This was not welcome by many religious leaders, and many of those who were against the idea questioned the constitutional basis of such a ruling. Opponents felt that the court was delving into issues of religion, and the decision had very little to do with rights (Severino).
In fact, it was argued that the decision of the court, by making such a ruling, it opened floodgates for similar cases to be filed in courts all over America. The religion as an institution was placed at a precarious position and was, therefore, prone to abuse. This is not the only decision in which gay rights were upheld in the United States of America. This month, the Michigan court was called upon to make a decision as to the position of same sex marriages in Michigan. Two nurses had approached the court in an attempt to make the country the 18th state of America to adopt protective measures on gay rights. They also were in a move to overturn the 2004 amendment sought to define marriage as the relationship that existed between a woman and a man only. The two nurses, therefore, wanted a wider definition of marriage to factor in gay rights and, therefore, same sex marriages (Swaine).
As a religious question, same sex marriage has been seen as damnation and a way of people separating themselves from God. Religious leaders have held on the position that God created one woman and one man. Therefore, there is no place of two people of the same gender coming into a relationship that may lead to marriage. They hold that this could be e big curse from God. This perspective has been held onto by all religious institution. To them, they see the marriage institution as having been watered down by people who have no respect to God and; therefore, they need to repent and go back to God. Various sociologists in America have held the position that there is nothing wrong about parents of the same gender raising children together. Professor Michael Rosen field of Stanford University writes that the fact that children are raised by parents of the same gender is not a disadvantage at all. He says that such children have the same rights as their counterparts who have been raised by parents of different sexes. They also have the same chances of survival as the others.
In the dimension of psychology, there is no single study which has proved that there is anything wrong about having children being raised by parents of the same gender. Psychologists argue that these children have the same psychological strength and cognitive capacity. They, therefore, see nothing wrong about having same sex marriages. It, therefore, follows that these experts are the ones who contribute a big deal in creating laws that favor same sex marriages. This is because, in many instances, they are invited by courts to give their views whenever the court is called upon to make determinations concerning same sex marriages. But these two categories of experts do not tell us anything beyond the perspective of children. What are the chances that such a marriage will be sustained? Are there proven chances that it is a long lasting relationship? What about health issues regarding the parents. There is a need to facilitate more research in this field before same sex marriages are legalized.
The other dimension that will be important to look at when discussing the question of same sex marriages is the aspect of discrimination and stigma. Proponents of same sex marriages argue that couples of the same gender feel stigmatized and discriminated against when courts or legislatures pass laws that outlaw their relationships. They argue that it is important for affirmative action for the marginalized. The question in this regard is whether gay relationships are among those rights that require affirmative action. Are they relationships that are self-induced or are they so natural that the state must guard them against discrimination of any kind? These are questions that should be answered by deeper research about the whole question of same sex marriages before any laws about the same are passed, or any court decisions made.
The social and legal definition of marriage to include same sex couples destabilizes the institution of marriage as a social and legal institution which has been in existence for some time now (Hunter). It also alters the cultural meaning of marriage beyond its equilibrium so that it can be toppled over anytime. It appears as an emerging trend that is out to sweep everything that stands on its way to full establishment. This can be the only explanation concerning the alarming rate at which various states are legalizing same sex marriages. This may sound as a feministic approach of defining same sex marriages, or an approach that leans more on the religious side of the equilibrium.
An issue that arises whenever same sex marriage is the topic of discussion is the aspect of the division of labor and gender normativity. In heterosexual marriages, these roles are well defined. However, when it comes to same sex marriages, one wonder who between the two parties plays the role of a wife and who plays the role of the husband. It follows that it is not very easy to place a clear-cut dichotomy of the roles that a partner can play in such a relationship (Trandafir)
The legal issues that are likely to arise regarding same sex marriages are manifold. Firstly, a law that succinctly defines same sex marriage, because that marriage cannot, strictly speaking, be guided by the same law that guides heterosexual marriage should be developed. Secondly, it is important to outline the nature of the contractual relationship that arises as a result of such a relationship and the conditions that guide the contract. It is also in order for such law to prescribe how children sired as a result of the relationship are taken care of. That will be the starting point in discussing this marriage (Institute).
Annotated Bibliography
Goodridge v Department of Public Health. No. 798 N.E 2d 941, 967 70. Supreme Court, M.A. 2003.
This case ordered the state Legislature of Massachusetts to redraft all their marriage laws to accommodate same-sex marriages. The court acknowledged the fact that gay people, too have rights and that these rights must be provided for in law, they should not just be assume to be there. it was a new dawn in redefining the institution of marriage and the case is seen as having opened floodgates for more such cases to be filed in court.
Hunter, Nan D. "The future Impact of same Sex Marriages: More Questions that Answers." Georgetown University Law Cente, (2012).
This Article the difficulty that is arising in defining what a marriage is due to the fact that same sex marriages are now a reality and that most states in America have legalized it. the article looks into the future, while at the same time reflecting on the past.
Tasmania Law Reform Institute is known for publishing articles concerning the contentious issues of the day. in this article, the author reflects on the challenges that are likely to arise when new legal terms are instituted in the institution of marriage and also the province of family law generally.
Severino, Roger. "Or For Poorer? How Same Sex Marriage Threatens Religious Liberty." Havard Journal of Law and Public policy (n.d.): 940, Vol. 30.
Harvard Law Journal is a journal of the Harvard University. It publishes scholarly articles dealing with crucial issues of the day and which concern the day-to-day life activities. It also publishes various articles for the university professors and students. In particular, this article discusses discusses how same sex marriages are likely to affect religion
Swaine, Jon. "Michigan Case Tests Constitutionality of Anti-gay Marriage Amendment." The Guardian 7th March 2014.
This information was published in the Guardian Newspaper, a Daily newspaper in the United Kingdom. The paper publishes news and information of the breadth and length of the world. in a nutshell, it is an all-rounded newspaper.
Trandafir, Mircea. "The Effect of Same Sex Marriage Laws on the Different sex Marriage: Evidence from the Netherlands." Universite de Sherbrooke (2009).
This is a university journal which publishes scholarly work from both students and professors.
