Gay and Lesbian rights
We are living in a world full of choices, full of diversity of everything (race, gender, age, sex, interest, belief, and even point of view in this world). If really the world is full of diversity why cant gay and lesbian couples do whatever they want to do with their life In the authors perspective, gay and lesbians couples should constitutionally have equal rights of marriage as straight couples. This essay is a discussion in support of constitutional recognition of equal civil rights for gay and lesbian couples. Examples of American states which legally recognized gay and lesbian rights are also given.
The constitutional recognition of full human rights for gay and lesbian couples should be a fundamental human right due to the following reasons first, denying gay and lesbian couples rights can only be equated to minority discrimination in the society (Mohr, 2005). Though the founding of the American nation is based on majority rules as an expression of democracy, the rights of the minorities must be respected and protected by the constitution. This is why we have various constitutional amendments on bill of rights. Based on this reasoning, prohibiting gay and lesbian marriage right can never be more than denying marriage to a section of American citizens (Stone, 2003).
Marriage as an institution is bond by the quest for love and companionship. The main reason why people marry is not to gain access to constitutional benefits but it is rather the ultimate expression of love and commitment to each other (Williams Retter, 2003). Therefore, it should not matter the gender of the parties involved in the marriage commitment. There is absolutely no moral reason to compromise the expression of love and choice for individuals based on norms and cultural dictates.
According to available scientific research evidence, same sex orientation is said to have a biological causation (Stone, 2003). This has been closely attributed to hormonal body makeup in the individuals. For example, it is common for gays to have feminine body characteristics such soft voices while lesbians have more masculine body features. This means that gay and lesbian practices are more inborn than taught in the society (Stone, 2003). Therefore, failing to recognize gay and lesbian rights is failing to respect it as a natural behavior which is many times beyond the control of the victim.
Many opponents of gay and lesbian rights claim that it violates religious beliefs and expectations. The constitution of America clearly separates religion from state. Still, in its first amendment, religious views by an individual must be protected (Belge, 2010). This means that Americans are entailed to freedom of choice based on their religious views. In other words, there should be constitutional distinction between civil and religious marriage. It is thus a violation of the freedom of region for the government to make rules based on a single religious orientation.
The government has no business in dictating on the mutual issues of its citizens (Belge, 2010). It is quite unconstitutional for any member of the American community to propagate discrimination against gay and lesbians in the society. The debate on gay and lesbian marriages and equal rights is not a question of status but serves to define the future of the American civil rights law (Williams Retter, 2003). The government should thus live to respect its constitutional provision for equality to all rather than personalizing the debate on gay and lesbian rights.
Religious reasoning against equal gay and lesbian rights is that gays and lesbians are out to have special rights than other members of the society (Mohr, 2005). Such a debate, though powerful and quite convincing, is untrue. Religion in the American society has always sort recognition and respect in defining key moral and social issues. It is based on this reasoning that religious believer should indeed be termed to as seekers of special rights in the society. The right to marriage on basis of love and commitment must be a fundamental human right. Of what importance does religion serve if it breeds discrimination in the society Such acts are unjust as they compromise the democratic space of the American people.
Many opponents of gay and lesbian rights claim that it will water down the definition of marriage (Belge, 2010). Marriage here is seen as a tool for procreation which ensures continuity of the human species. However, there are so many heterosexual marriages without children. Still, what is the big deal in allowing for gay and lesbians to adopt children Also clear is the fact that with the modern technological advancements in the society, gay and lesbian couples are able to get kids through artificial insemination. Therefore, same-sex marriage should never be dismissed based on the potential failure in bring up reliable youths in the society (Belge, 2010).
Still on the question of gay marriages and children is the problem of having children. Many opponents of gay and lesbian marriages claim that children are best off brought up by straight couples (Stone, 2003). However, available statistics negate this reasoning given the eminent family conflicts, divorce rates and infidelity evident in opposite-sex families. Therefore the claim against gay and lesbian rights should not be based on quest to save sacred institution of marriage. Just to be noted here is the fact that children build their character by copying the character traits of other members of the society. Therefore, whether gay or straight families the ability to positively influence character and behavior of a child lies on individual parent.
Legalizing gay and lesbian marriages will not affect any one in the society. Marriage is best by choice rather than societal influence (Williams Retter, 2003). Indeed, the high rates of divorce witnessed in the American community can be attributed to upholding social dictates in marriages. By allowing marriage based on love rather than gender, the society will witness enhancement of the family unit. This will also improve on the economic reliability of gay and lesbian members of the society. Of what logic should one be discriminated in the job market due to their sexual orientation This contradicts the legal provisions for equal opportunity to all in the society and it is therefore unconstitutional.
Recognizing gay and lesbian rights has the importance of encouraging strong family units in the community (Belge, 2010). It reduces high-risk sexual lifestyles among members of the society. This is because such will allow gays and lesbians to settle down thus reducing immoral sexual behaviors in the society. Still, the move will improve economic independence and development in the society. By common knowledge, couples are economically complimenting thus enhancing their stability and pride in the community. Gay and lesbian rights will also entail them the benefits of dignity and respect that come with marriage.
The recognition of gay and lesbian rights is current only in five states of America (Gill, 2004). According to the federal constitution, marriage is defined as involving a man and a woman. However, the law allows for voluntarily adoption at the state level. This is what makes gay and lesbian marriage legal in some states and illegal in others. There have been many Supreme Court decisions in many states terming restriction of marriage to opposite-sex as unconstitutional. Such claims have seen over eleven U.S. states amend their constitution to protect the institution of marriage.
States like New Hampshire, Iowa, Massachusetts, Vermont and Connecticut has legally recognized gay and lesbian equal rights either by supreme courts decision or by legislation (Gill, 2004). The California state Supreme Courts decision on same-sex marriage rights failed by a voter initiative in 2008. Other more than 31 states have presented similar bills but none has been approved. Same-sex marriage is expected to be allowed in Washington later this year. However, civil unions with part or full marriage responsibilities and benefits are legally recognized in many US states (Mohr, 2005).
All in all, whether gay and lesbians rights should match those of straight couples remains a contentious issue in the society. However, we are living in a world full of diversity, an element which should be respected by all in the society. It makes not logic to practice discrimination in the society based on sexual orientation. Just like the banning of interracial marriages in America, the recognition of gay and lesbian rights will ultimately be realized. With the ever increasing flexibility of the youth on issues of race and sex, voting in support of same-sex rights recognition remains highly probable.
The opponents of equal gay and lesbian rights on religious grounds must realize that civil marriage is different from religious marriage and that the rule of the law is independent of religious orientations. The freedom of choice should be respected by all in the society as it is only by this that strong and reliable families can be realized.
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