Gay Marriage

English 122

Courtenay Avant

December 1st 2006

Legalize Gay Marriage

Till death do us part! This is the phrase that millions of people say each year. People express their feelings of love and commitment by taking the next step in a relationship, which is marriage. But not everyone who feels that they are ready to get married can. Homosexual marriage is not permitted in many places around the world. Numerous people oppose gay marriage for many different reasons, ranging from religion to the ability for them to be suitable parents. The majority of people who oppose gay marriage are christen conservative groups, and people who believe in keeping marriage a sacred thing between a man and a women. The dictionary describes marriage as the social institution under which a man and woman establish their decision to live as husband and wife by legal commitments, religious ceremonies, etc. (dictionary.com) Many people who oppose marriage think that it should remain this way, between a man and a women.

The first signs of homosexual people wanting to have the right to marry came with the controversial Behr v. Lewin decsion in Hawaii. The case began in 1991 when three same-sex couples that had been denied marriage licenses by the Hawaii Department of Health brought suit in state court against the director of the department. Hawaii law required couples wishing to marry to obtain a marriage license. While the marriage license law did not exactly prohibit same-sex marriage at that time, it used terms of gender that clearly indicated that only heterosexual couples could marry. The couple sought a decision that the Hawaii marriage license law is unconstitutional, as it prohibits same-sex marriage and allows state officials to deny marriage licenses to same-sex couples on account of the heterosexuality requirement. Baehr and her attorney sought their objectives entirely through state law, not only by filing in state rather than federal court, but also by alleging exclusively violations of state law--the Hawaii Constitution. The state moved for judgment on the pleadings and for dismissal of the complaint for failure to state a claim; the state's motion was granted in October, 1991. The circuit court upheld the heterosexuality marriage requirement as a matter of law and dismissed the plaintiffs' challenges to it. Recently, the Court of Hawaii decided that Hawaii had violated Baehr and her partner's constitutional rights by the fourteenth amendment and that they could be recognized as a marriage. The court found that the state of Hawaii's constitution expressly discriminated against homosexuals and that because of Hawaii's anti-discrimination law they must re evaluate the situation. After the ruling the state immediately asked for a stay of judgment, until the appeal had been convened, therefore putting off any marriage between Baehr and her partner for at least a year. (Roleff 50)

This case is a positive step toward actual marriage rights for gay and lesbian people. There is a higher tolerance for homosexuals throughout the United States and currently in Hawaii. The possibility of same sex couples being allowed to marry stunned many conservatives and caused uproar among gay rights activists. There are several places that already have decided to allow same sex couples to marry such as Ontario and British Columbia. Homosexual people have the same feelings of love that heterosexual people do and should be able to express it in the same ways too. Legalizing gay marriage would present them a chance to show their commitment, also provide them and their families' a better quality of life. Gay marriage is not hurting anyone, only helping those who wish to do it.

"Gays are promiscuous, unable to form lasting relationships, and the ones that they do form are shallow and uncommitted" (Bidstrup 1) Arguments against the legalization of gay marriage are hardly valid and often shallow. Polls found that in the late 90's the greatest concern for conservative Christian groups was that gay and lesbian couples were fighting for the right to marry. Virtually all-conservative groups describe same sex marriage and civil unions as a threat to society. (Robinson 4) People say that gay relationships are immoral and they aren't comfortable with the idea. The biggest argument is that marriage is an institution between one man and one woman. It says in the bible that being homosexual is a capital offense, Leviticus 20:13 states, "The penalty for homosexual acts is death to both parties. They have brought it upon themselves." (Living Bible) By allowing same sex couples to marry it would ruin the institution of marriage and what it stands for.

Recently in Colorado there was a vote on an amendment that defines marriage as a union only between a man and a woman. Colorado already has a man-woman marriage law, but this amendment would elevate the concept to the state constitution. The amendment passed as it has in many other states already. People clearly aren't comfortable with allowing gay couples to marry or even have the same civil rights as heterosexual couples do. Another argument that Christian conservative groups have is the ability for same sex couples to be parents. They believe that children of gay parents are more likely to pursue the same lifestyle. (Kurtz 3) Some worry that if you are being brought up by and around homosexual people that they will grow up and be gay themselves. Also people worry that kids of same sex couples will get harassed and be subjected to hate and homophobia by the public. None of these reasons seem like convincing arguments for why two people in love cannot participate in the act of marriage.

Same sex marriage would increase quality of life for same sex couples. "If legally married, gay and lesbian couples would have greater ability to care for and protect their families." (To Have and To Hold 2) If legally married, same sex couples could have the advantages that married couples now have. Many gay couples share the same responsibilities as married couples do without any of the recognition or benefits. Lesbians and gay men who have been their partner's primary care giver are often turned away when there has been an accident or an illness. Examples of other benefits that they lack are denied protection if the relationship ends, inheritance rights, and joint tax returns.

In the mid 1990s a gay couple, John Crisci and Michael Tartagilia paid for wills and medical financial powers of attorney. They carried copies of all these documents every time they traveled out of state. But they did not have these papers with them the day