Same-Sex Marriage: Anti-Discriminatory Laws

Name: Institutor: Course: Date: Same-Sex Marriage Would you attend a wedding for your son or daughter who opts to marry another man of the lady of the same sex? Well, some would hesitate and decline to attend while others will participate. Why would some parents say no and refuse to participate in such wedding? Yes, marriage is both legal and religious where man and woman commit themselves to stay together for the rest of their lives. Society especially from other backgrounds apart from the western culture for a long time has been playing a critical role to institutionalize marriages. Hence, people from such regions treat marriage as sacred and legal binding formed between people of different sex. However, the Western societies embrace individual freedoms that have escalated the idea of personal moral codes resulting to debates regarding same-sex marriage. On the same note, the anti-discriminatory laws in Europe and America specify discrimination on gender and sexual orientation which permit the discussions on same-sex marriage (Sherkat 380). The change in social setting, personal human rights, freedom of choice, privacy and the increasing claiming of rights of marginalized people such as gays and lesbians who fall victim of discrimination pile pressure on legal and social systems to embrace Same-sex marriage. On the elaboration of the legal system, the current legal structures regarding marriages are open to debates. The increasing factors relating to rights, morals coupled with increasing homosexuality and transgender recognition pile pressure in the current legal systems to embrace same-sex marriage (Nussbaum 1). In fact, countries such as Brazil, United Kingdom, Canada and some parts of USA have legalized same-sex marriages. A few nations are still battling with the legal processes regarding the same laws while the majority of third world nations do not provide such marriages in their legal systems. A change in family structure has been the dominant reason why some countries legalize same-sex marriage. Countries such as UK, Canada and some parts of USA have been experiencing changes in the household, family forms and marriages especially after the Second World War (Nussbaum 1). Majority of western nations experienced a rise in women's movement with an increase in divorce rates leading to single-parent families. Besides, the countries have been experiencing high rates of women with children but have no husbands. Even though single parenthood may result due to many factors such as death, divorce and changing nature of relationships; such kind of families supported by the provisions in the constitution gives leeway for requirements to same-sex marriages in the legal system (Calhoun 142). Secondly, same-sex marriage currently exists in many societies due to various reasons that only destroy the social structure and system. Such reasons include the adoption of children, practice of human rights, exercising freedom of choice and control of the population. The various legal quotes such as; Respondents’ argument that allowing same-sex couples to wed will harm marriage as an institution rests on a counterintuitive view of opposite-sex couples’ decisions about marriage and parenthood. (Carter par.5) Also, The marriage laws at issue are in essence unequal: Same-sex couples are denied benefits afforded opposite-sex couples and are barred from exercising a fundamental right. Especially against a long history of disapproval of their relationships, this denial works a grave and continuing harm, serving to disrespect and subordinate gays and lesbians. The right to marry is a fundamental right inherent in the liberty of the person, and under the Due Process and Equal Protection Clauses of the Fourteenth Amendment couples of the same-sex may not be deprived of that right and that liberty. Same-sex couples may exercise the fundamental right to marry. (Carter par.3) The reasons above only attach to social relationships and claims for individual rights. Moreover, the homosexuality remains a deviant behavior that destroys the social organization and the heterosexual norm in the society (Sherkat 380). The communities in nations that do not condone same-sex marriage marginalize people who practice the type of marriage as the legal system in such countries allow for opposite sex to marry. Thus, such basis makes people disallow same-sex marriage as it is illegal. Irrespective of such decline, embracing same-sex marriage in the current society only changes the heterosexuality...