Marriage
Equality in America
The United States is
in the middle of another controversial issue, same-sex marriage. Gay, Lesbian,
and Transgender people living in the United States have been faced with
numerous constitutional violations; both from citizens and the government of
the United States. Denial of marriage equality is only one issue in a long
history of deplorable treatment that the Gay, Lesbian, and Transgender
community has suffered throughout the decades. From bar raids, arrests, and
harassment from law enforcement in the 1960s to denial of equal protection of
private property when one partner of a gay couple dies. The United States
government took drastic measures by approving a constitutional amendment
denying equal rights called the Defense of Marriage Act of 1996. Recently some
states have recognized the civil rights of gay and lesbian couples and approved
to sanction same sex marriage, whereas other states have incorporated
constitutional amendments to deny gay couples equal rights.
Federal Law
According the Cornell
University Law School, the United States Constitution 14th Amendment, section 1
ratified on July 09, 1868 states: All persons born or
naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United
States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the
privileges or immunities of citizens of
the United States; nor shall any state deprive any person of life, liberty, or
property, without due process of
law; nor deny to any person within its jurisdiction the equal protection of the laws (para. 1).
On
January 23, 2004 the General Accounting Office of the United States produced an
update to an earlier report that was sent to Senator Bill Frist, Majority
Leader of the United States Senate regarding the Defense of Marriage Act. The
initial report submitted in 1997 identified 1,049 statutory provisions of the
United States code that included benefits, rights, and privileges only
available to couples that shared federally recognized marital status (United
States General Accounting Office, 2004). When the updated report was submitted
in 2004, the number of provisions requiring marital status was raised from
1,049 to 1,138. This report from the United States General Accounting Office
clearly outlines the 1,138 provisions currently denied to same sex couples
because the Defense of Marriage Act passed on September 21, 1996 prohibits
these couples from legally entering into a federally recognized civil union
(United States General Accounting Office, 2004).
The Opposition
The primary opponents
of same-sex marriage in the United States are religious institutions that argue
that marriage is fundamental to procreation of the human species. Supported by
13 states that have passed constitutional amendments banning same-sex marriage
on a state level, and countless individuals that oppose homosexuality. The
religious right of the United States is changing tactics of opposition from the
14th Amendment right to equality, and focusing on the Religion Clauses of the
First Amendment. In an essay by Jeff Jordan, “Is It Wrong to Discriminate on
the Basis of Homosexuality”, he argues that it is sometimes permissible for
public policy to discriminate against homosexuals because homosexuality is
morally controversial (Beyer, 2002). Jordan attempts to use the Difference
Thesis to support his position that there is a morally relevant difference
between homosexuals and heterosexuals, which in some cases, and areas of laws
regarding equality justify differential treatment (Beyer, 2002).
Another popular
position against same-sex marriage is the polygamy, incest, bestiality
argument, commonly referred to as the PIB (Corvino, 2005).
Supporters of the
PIB argument, including U.S. Senator Rick Santorum believe that the
legalization of same-sex marriage will lead the legalization of incest,
bestiality, and polygamy, all of which are commonly noted as unacceptable practices
in many cultural norms (Corvino, 2005). In an interview Senator Rick Santorum
states as quoted by, Corvino (2005): If the Supreme Court says that you have the
right to consensual sex within your home, then
you have the right to bigamy, you have the right to polygamy, you have the
right to incest, you have the right
to adultery. You have the right to anything. (p. 1). In
the same interview Senator Santorum compared same-sex marriage to deplorable
sexual acts like men having sex with children, dogs, and other cases (Corvino,
2005). Unfortunately, this argument has been a primary tool used by
philosophers, Supreme Court Justices, politicians, religious institutions, and
people within the general population (Corvino, 2005).
The Support
Beyer (2002) states
“According to the Parity Thesis, there is no morally relevant difference
between homosexuals and heterosexuals - the share the same moral status (p. 1).
This position indicates that homosexuals and heterosexuals have the same moral
basis, and are equally capable of adhering to moral norms of society. This
position clearly shows that homosexuality is not a harm to societal norms, and
courts throughout the United States have decided in favor of same-sex couples
adopting children, and sharing in those states equal protection clauses.
Marriage by definition is a word that falls into religious ritual, not legally
recognized civil unions. The United States has a clear obligation to separate
church from state, and in doing so must recognize that allowing the word
“marriage” to represent or define a legally recognized civil union between two
adults who meet the criteria of a functional family is a clear violation of
such separation.
The ability to have
access to the 1,138 provisions same-sex couples are excluded from, which
include social security benefits, taxation benefits, and numerous other
provisions afforded legally married couples is just one aspect of the argument.
Another supporting position is health and mental wellness. The gay, lesbian,
bisexual, and transgender community within the United States is significantly
compromised in regard to health care delivery compared to the population in
general (Buffie, 2011). Recognition and legalization of same-sex marriage
allows same-sex couples access to medical benefits provided by employers and
reduce the financial burden on society to pay for uninsured same-sex partners,
and children of same-sex households. Medical concerns related to
minority-stress is a growing national concern, especially after the high number
of teen suicides related to bullying (Buffie, 2011).
A study of 34,000
gay, lesbian, and bisexual participants performed by Hatzenbbuehler,
McLaughlin, Keyes, and Hasin produced empirical data supporting the negative
health effects of discriminatory policies directly related to the subject of
marriage equality. This study showed that individuals living in states that did
not recognize marriage equality had significantly higher rates of psychiatric
disorders like mood and anxiety disorder, and higher rates of substance abuse
and psychiatric comorbidity that those living in states that did recognize
marriage equality (Buffie, 2011). Currently available is a vast amount of
research data that challenges the stigma that children raised by gay couples
are less likely to live a well-balanced, healthy life. In fact, these studies
have provided empirical evidence to the contrary. The data produced by these
studies clearly indicates no difference in the psychological health of children
raised by same-sex couples and those raised by heterosexual couples (Weber,
2011; Lambert, 2005; American Psychological Association, 2013).
Conclusion
Same-sex marriage is
an issue that many countries will face over the next decade. Emotions regarding
marriage equality run very high on both sides of the issue; however, opponents
of the issue have not been able to provide empirical data that demonstrates
that same-sex marriage is a detriment to society. Supporters of marriage
equality, including major medical and psychological associations have produced
empirical data that demonstrates same-sex families are just as viable in regard
to stability as heterosexual families. Marriage equality in toto is an issue of
basic, fundamental rights as outlined in the 14th Amendment of the United States
Constitution, and denial of these rights clearly creates a sub-classification
of a minority population denied equal rights as heterosexual citizens.
References
American Psychological Association. (2013). Lesbian
& gay Parenting: Theoretical & Conceptual Examinations Related to
Lesbian & Gay Parenting. Retrieved from http://www.apa.org/pi/lgbt/resources/parenting.aspx
Beyer, J. A. (2002). Public Dilemmas and Gay Marriage: Contra
Jordan. Journal Of Social Philosophy, 33(1), 9-16.
Buffie,
W. C., M.D. (2011). Public health implications of same-sex marriage. American Journal of
Public Health, 101(6),
986-90. Retrieved from http://search.proquest.com/docview/867825961?accountid=35812
Cornell University Law School. (N.D.). Retrieved from http://www.law.cornell.edu/constitution/amendmentxiv
Corvino, J. (2005,
April). Homosexuality and the PIB Argument. Chicago
Journal, 115(3),
501-534. doi:10.1086/428456
Delaet,
D. L., & Caufield, R. P. (2008). Gay marriage as a religious right:
Reframing the legal debate over gay marriage in the united states*. Polity, 40(3), 297. doi: http://dx.doi.org/10.1057/palgrave.polity.2300103
Lambert, S. (2005, December). Gay and Lesbian
Families: What We Know and Where to Go From Here. The Family
Journal, 13(1),
43-51. doi:10.1177/1066480704270150
United
States General Accounting Office. (2004). Marriage Equality USA. Retrieved from http://www.gao.gov/new.items/d04353r.pdf
Weber,
S. (2011). Impacts of legal relationship recognition of same-sex parenting
couples on family health and well-being.
Journal of Nursing Law, 14(2),
39-48. Retrieved from
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