gay and lesbian marriage

... right to sue for wrongful death, and joint parenting. These are prominent concerns of the gay and lesbian rights movement. The discrimination against same sex partners isn?t soley rejecting their life style, but degrading the love and commitment that gay and lesbian couples share. On June 26, 2001 Diane Whipple was brutally killed by her neighbor?s vicious dog. She was living in apartment in San Francisco with her long time partner, Sharon Smith. Smith tried to sue the guilty party for wrongful death. However, the fact that she is not a legal spouse , child or parent of Diane Whipple it was impossible for her to do so (San Francisco Chronicle). Since the law says she has no ?standing? Kate Kendell an executive director of the San Francisco based National Center for Lesbian Rights explains: ?It provides an example of how vulnerable lesbian and gay relationships are, irrespective of how long term or committed they are (San Francisco Chronicle).? This case is an example of two long time lovers not getting the same rights as straight couple. Although it could not be said that the couple would have been married if the law would allow it, they still weren?t given the choice to marry. Since they did not have the choice the rights are impossible for the couple to achieve. The discussion of marriage regulations has existed since the establishment of legal marriage. However, they did not always concern the opposition to same sex couples. Within the history of our government race, religion, and even social status played a role in the legality of a couple?s marriage. In the United States one status, as a slave or free man, black or white, restricted the availability to legally commitment to a partner (religioustolerance.org). However through activism and advocating understanding, even though personal views may not have changed, Society?s acceptance lead to legal recognition. The fight for these rights are re-emerging taking on a new shape in the form of gay and lesbian rights. And although the fight against marriage regulations has been present throughout history, gay and lesbian civil rights are relatively new to the political agenda. However, the lengthy recognition of this movement is not the only reason why there has not been the anticipated progress. When looking at same sex marriage the biological and social acceptance plays a much larger role. Same sex marriage is a different concept. The main argument against same sex marriage is that because there is no ability for the couple to procreate why is a marriage important (San Francisco Chronicle). However, this argument is readily reputed. If procreation is the standard for the legality of marriage, than should we as a society not allow sterile couples, or even couples choosing to obstain from childbearing, to get married? These questions are the underlying theme to the fight for and against same sex marriages. The battle of the Fourteenth ammendment is the basis for the legal acceptance of same sex marriage. This is where the issue of the federal governments role in defending social and moral codes (secondclassaction.com). The stance that the government has taken reflects that they are protecting this ?code? by prohibiting homosexuals from legally marrying one another and enjoying the rights and benefits afforded to heterosexual married couples. However, homosexuality should not be civic issue. The 14th amendment provides that all citizens, including minorities, receive all the rights and benefits to which they are entitled as citizens of the United States (secondclassaction.com). Preventing some citizens from having equal protection under the law is itself immoral behavior. Homosexuals are citizens and entitled to the rights and benefits for which they pay taxes. The issue of homosexuality therefore must not only fight politically, but also socially to gain support of the population which is receiving these rights. The major force against same sex marriage is the lack of acceptance as it is seen in society. The persisting arguments against gay and lesbians in society, being reaffirmed by religious groups and anti-homesexual organizations, is the defining hurdle that activist must cross. Thomas Fisher, an attorney for the state of Indiana in a same sex marriage case, argues, ?The traditional family is the social bedrock of western civilization and the danger in allowing same sex marriage in will be the dilution of the meaningfulness of marriage (Indianapolis Star).? This statement rests upon the idea of procreation, raising children, fostering a free society and protecting tradition in marriage. This reaction to same sex marriage is a prominent ideal to many americans. However, this argument can be reputed in a number of ways. First, there is no endangerment to the establishment of traditional marriage, the two can coexist. Secondly, with modern advancements in science same sex couples can raise and even bear children. Finally the same question is raised, if this statement remains true to the word, the rights of couples not wanting children are challenged. However no matter the numb...

Essay Information


Words: 1639
Pages: 6.6
Rating: None

All Papers Are For Research And Reference Purposes Only. You must cite our web site as your source.